Journal of the Senate of the State of Georgia regular session 1995 volume two, 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 TWO
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

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Senate Chamber, Atlanta, Georgia Monday, March 13, 1995
Thirty-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 Friday, March 10, 1995 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 865. By Representative Dixon of the 168th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city.
HB 983. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.
HB 984. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.
HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th, Coker of the 31st, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint.
HB 986. By Representatives Shipp of the 38th, Coker of the 31st, Sauder of the 29th, Grindley of the 35th, Klein of the 39th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed parcels of land.
HB 994. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to change provisions for education districts.

MONDAY, MARCH 13, 1995

1421

HB 995. By Representatives Barnes of the 33rd, Sauder of the 29th, Coker of the 31st, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes.
HB 996. By Representatives Wiles of the 34th, Parsons of the 40th, Shipp of the 38th, 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 increase the compensation of the solicitor.
HB 997. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Day of the 153rd, Dixon of the 150th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
HB 998. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to increase the compensation of the judge and solicitor of such court.
HB 1001. By Representative Coleman of the 142nd:
A bill to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.
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.
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 administrative officer, clerical assistants, and other employees.
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 assessed 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.
SB 399. 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 advertising of bids for certain county expenditures; to provide for emergency purchases.

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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 director of finance.
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.
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 provide for compensation of and reimbursement of expenses incurred by the members of the board.
SB 457. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to provide for the terms of the State Court of Baldwin County.
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.
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 procedures relating thereto.
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 Organizing Committee, shall be deemed an employee of the organization for purposes of workers' compensation.

MONDAY, MARCH 13, 1995

1423

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
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 jurisdiction of probate judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide 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 regulation shall be established; to provide for fair competition and consumer protection in the local exchange.
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.
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 House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th, Cheeks of the 23rd, Pollard of the 24th 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 provide 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.
SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th, Clay of the 37th, Johnson of the 1st 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 intangible recording tax with regard to such note to the borrower or mortgagor.

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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 certain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to provide for eyesight examinations.
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
HR 501. By Representative Lane of the 146th:
A resolution designating the John R. McKinney Medal of Honor Highway.
SR 131. By Senator Johnson of the 1st:
A resolution authorizing conveyance of certain state-owned real property located in Chatham County, Georgia, to Chatham County and the acceptance of certain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor.
The following resolutions of the Senate were introduced, read the first time and referred to committees:
SR 319. By Senators Bowen of the 13th, Pollard of the 24th and Broun of the 46th:
A resolution relating to a state-wide 800 MHZ, trunked radio system for law enforcement communications in this state.
Referred to Committee on Public Safety.
SR 320. By Senators Hill of the 4th, Griffin of the 25th, Madden of the 47th and others:
A resolution creating the Senate Rural Hospital and Health Care Financing Study Committee.
Referred to Committee on Rules.
SR 321. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution providing for the placement of a portrait of the Honorable Leroy R. Johnson in the Capitol.
Referred to Committee on Rules.
SR 322. By Senators Abernathy of the 38th, Thomas of the 10th and James of the 35th:
A resolution creating the Senate Advisory Commission to the City of Atlanta on Freaknik.
Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:

MONDAY, MARCH 13, 1995

1425

HB 865. By Representative Dixon of the 168th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of said city.
Referred to Committee on State and Local Governmental Operations.
HB 983. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.
Referred to Committee on State and Local Governmental Operations.
HB 984. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.
Referred to Committee on State and Local Governmental Operations.
HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint.
Referred to Committee on State and Local Governmental Operations.
HB 986. By Representatives Shipp of the 38th, Coker of the 31st, Sauder of the 29th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed parcels of land.
Referred to Committee on State and Local Governmental Operations.
HB 994. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to change provisions for education districts.
Referred to Committee on State and Local Governmental Operations.
HB 995. By Representatives Barnes of the 33rd, Sauder of the 29th, Coker of the 31st and others: A bill to amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes.
Referred to Committee on State and Local Governmental Operations.
HB 996. By Representatives Wiles of the 34th, Parsons of the 40th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.
Referred to Committee on State and Local Governmental Operations.

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HB 997. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to Committee on State and Local Governmental Operations.

HB 998. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to increase the compensation of the judge and solicitor of such court.
Referred to Committee on State and Local Governmental Operations.

HB 1001. By Representative Coleman of the 142nd:
A bill to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.
Referred to Committee on State and Local Governmental Operations

HR 501. By Representative Lane of the 146th:

A resolution designating the John R. McKinney Medal of Honor Highway.

Referred to Committee on Transportation.

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

Mr. President:

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

HR 78. Do pass by substitute.

HR 277. Do pass by substitute.

HR 80. Do pass by substitute.

HR 319. Do pass by substitute.

HR 172. Do pass by substitute.

Respectfully submitted, Senator Hooks of the 14th 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 456. Do pass by substitute.

HB 516. Do pass by substitute.

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

Mr. President:

The Committee on Education 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 134. Do pass.

HB 406. Do pass by substitute.

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1427

HB 145. Do pass.

HB 678. Do pass.

HB 154. Do pass by substitute.

HR 293. Do pass.

HB 365. 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 following bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 523. Do pass. HB 524. Do pass. HB 662. Do pass by substitute. HB 755. Do pass. HB 790. Do pass. HR 334. Do pass.

HR 335. Do pass. HR 351. Do pass. HR 358. Do pass by substitute. HR 388. Do pass. HR 419. Do pass.

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

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

HB 285. Do pass by substitute. HB 342. Do pass.

HB 611. Do pass as amended. HB 765. Do pass as amended.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

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

HB 558. Do pass by substitute. HB 570. Do pass as amended.

HB 653. Do pass as amended.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

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Mr. President: The Committee on Higher Education has had under consideration the following reso-
lution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 497. Do pass.
Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

HB 72. Do pass by substitute.

HB 377. Do pass by substitute.

HB 236. Do pass.

HB 581. Do pass.

HB 290. Do pass by substitute.

HB 669. Do pass by substitute.

HB 301. Do pass.

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

Mr. President:

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

SR 268. Do pass as amended.

SR 298. Do pass.

SR 294. Do pass.

SR 270. Do pass.

SR 273. Do pass.

HB 60. Do pass by substitute.

SR 309. Do pass. SR 293. Do pass.

HR 95. Do pass. HR 122. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

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

SB 474. Do pass.

HB 937. Do pass.

SB 475. Do pass.

HB 949. Do pass.

SB 476. Do pass.

HB 951. Do pass.

HB 801. Do pass.

HB 953. Do pass by substitute.

HB 823. Do pass.

HB 964. Do pass.

HB 913. Do pass.

HB 965. Do pass.

HB 920. Do pass.

HB 969. Do pass.

HB 922. Do pass by substitute.

HB 976. Do pass.

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HB 923. Do pass by substitute.
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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 490. Do pass.

HR 304. Do pass.

HB 511. Do pass.

HR 437. Do pass.

HB 601. Do pass.

HR 448. Do pass.

HB 717. Do pass.

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

Mr. President:

The Committee on Transportation 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 70. Do pass as amended.

HB 552. Do pass as amended.

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

The following bills and resolutions were read the second time.

SR 268 SR 309 HB 154 HB 365 HB 516 HB 581 HB 678 HR 80 HR 304 HR 388

SR 270 HB 60 HB 236 HB 377 HB 523 HB 601 HB 717 HR 95 HR 319 HR 419

SR 273 HB 70 HB 285 HB 406 HB 524 HB 611 HB 755 HR 122 HR 334 HR 437

SR 293 HB 72 HB 290 HB 456 HB 552 HB 653 HB 765 HR 172 HR 335 HR 448

SR 294 HB 134 HB 301 HB 490 HB 558 HB 662 HB 790 HR 277 HR 351 HR 497

SR 298 HB 145 HB 342 HB 511 HB 570 HB 669 HR 78 HR 293 HR 358

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

Balfour Black
Blitch
Boshears Bowen
Burton Cagle Clay Crotts Day
Dean 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
Ragan Ralston

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Ray Slotin
Starr Stokes

Tanksley Taylor
Thomas Thompson

Those not answering were Senators:

Abernathy Broun of 46th Brown of 26th

Cheeks Edge Gillis

Turner Tysinger Walker
James Pollard Scott

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Johnson of the 2nd introduced the chaplain of the day, Reverend Willie Ferrell, pastor of Royal Church of Christ, Savannah, Georgia, who offered scripture reading and prayer.
Senator Madden of the 47th moved that the following resolution of the House be withdrawn from the Senate Committee on Interstate Cooperation and committed to the Senate Committee on Rules:

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.
On the motion, the yeas were 34, nays 4; the motion prevailed, and HR 280 was withdrawn from the Senate Committee on Interstate Cooperation and committed to the Senate Committee on Rules.
Senator Ragan of the llth introduced the doctors of the day, Dr. James Thomas, Jr. and Dr. Wesley Simms, both of Thomasville, 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
Monday, March 13, 1995 THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 474 Guhl, 45th Crotts, 17th CITY OF SOCIAL CIRCLE/WALTON COUNTY
Amend an Act so as to provide for a definition to change the provisions relating to the election of the mayor and councilmembers of said city.

SB 475 Clay, 37th Isakson, 21st Tanksley, 32nd Thompson, 33rd COBB JUDICIAL CIRCUIT/COBB COUNTY
Amend an Act so as to change the provisions relating to the additional supplement for the chief judge of the Cobb Judicial Circuit.

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SB 476 Thomas, 10th Scott, 36th James, 35th Abernathy, 38th Henson, 55th CITY OF ATLANTA
To be entitled an Act to require all public school buses employed by the Atlanta Board of Education to be equipped with passenger seat belts.
HB 821. Black, 53rd Farrow, 54th CATOOSA/DADE/CHATTOOGA/WALKER COUNTIES
Amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit so as to change to method of setting the salary of the Court Reporters.
HB 801 Madden, 47th TOWN OF ARCADE
An Act to provide a new charter for the Town of Arcade.
HB 823 Oliver, 42nd Stokes, 43rd Henson, 55th Burton, 5th Thomas, 10th STONE MOUNTAIN JUDICIAL CIRCUIT/DEKALB COUNTY
Amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit.
HB 913 Starr, 44th Thomas, 10th CITY OF FOREST PARK
Amend an Act so as to authorize the City of Forest Park to have and to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to the Redevelopment Powers Laws.
HB 920 Hooks, 14th CITY OF LEESBURG
Amend 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 922 Thompson, 33rd Clay, 37th Isakson, 21st Tanksley, 32nd COBB COUNTY
Amend an Act changing the compensation of the clerk so as to change the compensation of the deputy clerk of the superior court. (SUBSTITUTE)

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*HB 923 Thompson, 33rd Clay, 37th Isakson, 21st Tanksley, 32nd COBB COUNTY
Amend an Act so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. (SUBSTITUTE)
HB 937 Boshears, 6th CITY OF BLACKSHEAR
Amend an Act providing a new charter for the City of Blackshear so as to change the corporate limits of the city.
HB 949 Clay, 37th Tanksley, 32nd Isakson, 21st Thompson, 33rd COBB JUDICIAL CIRCUIT/COBB COUNTY
Amend an Act so as to change the provisions relative to the compensation of the chief investigator.
HB 951 Clay, 37th Newbill, 56th Ralston, 51st CHEROKEE COUNTY
An Act to create the Cherokee County Parks and Recreation Authority.
*HB 953 Clay, 37th Tanksley, 32nd Isakson, 21st Thompson, 33rd COBB COUNTY
Amend an Act so as to change the compensation of the sheriffs chief deputy, the chief investigator and the executive assistant of Probate Court of Cobb County.(SUBSTITUTE)
HB 964 Griffin, 25th Brown, 26th JONES COUNTY
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 Griffin, 25th Brown, 26th JONES COUNTY
Amend an Act creating the board of commissioners of Jones County so as to reconstitute the membership of the board.

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HB 969 Henson, 55th Burton, 5th Stokes, 43rd Thomas, 10th DEKALB COUNTY
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 Clay, 37th Thompson, 33rd Isakson, 21st Tanskley, 32nd COBB COUNTY
Amend an Act so as to change the compensation of the judge and the clerk of the probate court.
The substitutes to the following bills were put upon their adoption:
*HB 922:
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 922:
A BILL
To be entitled an Act 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, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20,1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act 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, approved February 9,1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $53,752.40, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the

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new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was
adopted. *HB 923:
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 923:
A BILL To be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26,1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The salary of the chief deputy clerk shall be $47,928.40 per annum to be paid in equal monthly installments from funds of Cobb County."
SECTION 2.
Said Act is further amended by striking from Section 23 the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $57,317.00, payable in equal monthly installments from the funds of Cobb County.",
and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $59,609.68, payable in equal monthly installments from the funds of Cobb County."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was
adopted.

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1435

*HB 953:
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 953:
A BILL
To be entitled an Act 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, approved February 9,1949 (Ga. L. 1949, p. 427 ), as amended, particularly by an Act approved March 24,1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide qualifications for the chief deputy sheriff; 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 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, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (d), and (d) of Section 5 to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $61,382.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the of office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County.
(c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $60,020.00 per annum, to be paid in equal monthly installments from the funds of Cobb County.

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(d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $36,421.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

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

Those voting in the affirmative were Senators:

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 1st Kemp
Land Madden
Marable

McGuire Middleton
Newbill Pollard
Ragan
Ray Scott Starr Stokes Tanksley Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Black Henson
Johnson of 2nd

Langford Oliver
Perdue

Ralston Slotin
Taylor

On the passage of all the local bills, the yeas were 47, nays 0.
All the bills on the Senate Local Consent Calendar except HB 922, HB 923 and HB 953, having received the requisite constitutional majority, were passed.
HB 922, HB 923 and HB 953, having received the requisite constitutional majority, were passed by substitute.

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1437

The following uncontested population bills of the House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage:

SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS
Monday, March 13, 1995 THIRTY-SEVENTH LEGISLATIVE DAY

HB 493 Isakson, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY

Burton, 5th Thomas, 10th
Tysinger, 41st Oliver, 42nd
Stokes, 43rd Henson, 55th DEKALB COUNTY

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 636 Johnson, 1st Johnson, 2nd CHATHAM COUNTY
Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
Burton, 5th Balfour, 9th Day, 48th Tysinger, 41st Newbill, 56th GWINNETT COUNTY

Isakson, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY

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 population of 200,000 or more according to the United States decennial census of 1990 or any future such census.

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HB 417 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
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 provisions 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.

HB 492 Isakson, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Slotin, 39th Egan, 40th Day, 48th Newbill, 56th FULTON COUNTY

Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd
Henson, 55th DEKALB COUNTY

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 satellite courthouses in certain counties.

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 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 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 Isakson
James Johnson of 2nd Johnson of 1st Kemp

Land Madden Marable McGuire Newbill Oliver Ragan Ray Scott Slotin
Starr Stokes Tanksley Thomas

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1439

Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Black Egan Henson

Langford Middleton Perdue Pollard

Ralston Taylor Walker

On the passage of all the population bills, the yeas were 45, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, were passed.
The following resolutions were read and adopted:

SR 318. By Senators Gillis of the 20th, Egan of the 40th, Cagle of the 49th and others:
A resolution recognizing and commending the members of the Georgia Erosion and Sedimentation Control Panel.

SR 323. By Senator Tysinger of the 41st: A resolution commending the Georgia High Tech Alliance.

SR 324. By Senator Thompson of the 33rd: A resolution commending Ms. Melissa Paige Kenney.

SR 325. By Senator Gochenour of the 27th: A resolution recognizing Dr. James W. "Jimmy" Waters.

SR 326. By Senators Turner of the 8th, Balfour of the 9th, Middleton of the 50th and Broun of the 46th:
A resolution recognizing Mrs. Jane A. Trubey on the occasion of her retirement.
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 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth, Carter 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 permanently marked with the name, date of birth, date of death, and social security number of the decedent.

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SENATE RULES CALENDAR Monday, March 13, 1995
THIRTY-SEVENTH LEGISLATIVE DAY
HB 336 Income tax; manufacturing facilities; job tax credit; amend (Substitute)(F&PU-- 12th) Baker--70th
HB 332 Consumers' utility counsel division; create (F&PU--26th) Baker--70th
HB 129 Quality Basic Education Act; instructional programs; program weights (SubstituteXApprop--12th) Baker--70th
HB 269 Elevators, etc; violations; penalties (Substitute)(ST&I--41st) Orrock--56th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 10, 1995.)
HB 473 State employees; payroll deductions; mass transit benefit (AmendmentXSLGO--G-- 10th) Martin--47th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 10, 1995.)
HB 423 Special primaries or elections; deadline for registration (SubstituteXSLGO-- G--10th) Holmes--53rd (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 10, 1995)
HB 250 Local Government Authorities Registration Act; enact (Substitute) (SLGO-- G--10th) Walker--141st (Pursuant to Senate Rule 143, final passage of the bill--was suspended on March 10, 1995.)
HB 543 Annexation; unincorporated islands; preclearance (SLGO--G--37th) Sauder-- 29th
HB 217 State court clerk and employees; insurance, retirement benefits (I&L--6th) Smith--174th
HB 498 Juvenile proceedings; holding facilities for unruly children (Judy--37th) Wil liams--83rd
HB 321 Boilers/pressure vessels; safety requirements; exempt autoclaves (Amendment) (C Aff--6th) Smith--174th
HR 173 Labeling; country of origin of peanuts; urge Congress require (Ag--llth) Reaves--178th
HB 345 Regional jail authorities; create (Corr--4th) Greene--158th
HB 346 Special county 1 percent sales tax; regional jails (Corr--4th) Greene--158th
HB 347 Pretrial proceedings; incarceration in another county (Corr--4th) Greene-- 158th

MONDAY/MARCH 13, 1995



1441

HB 348 Regional jail authorities; funds for contracts; authorize (Corr--4th) Greene-- 158th
HB 349 Revenue bonds; redefine undertaking; include jails (Corr--4th) Greene--158th
HB 369 Health insurance; include bone marrow transplants for breast cancer (I&L-- 21st) McBee--88th
HB 354 Alcoholic beverages; community development districts (Substitute) (C Aff-- 55th) Simpson--101st
HB 791 Disposition of unclaimed property; checks, drafts, etc.; time limit (B&FI--8th) Watts--26th
SR 278 Senate Poultry Feed and Transportation Study Committee -- create (Rules-- 18th)
HB 194 Property to Secure Debt; reversion of title (Substitute) (S Judy--32nd) Barnes--33rd
HB 578 State auditor; annual personnel report; amend provisions (Approp--14th) Coleman--142nd
HR 368 Pete Hackney Parking Facility; designate (Rules--31st) Murphy--18th
HB 596 Workers' compensation; amend; Workers' Compensation Truth in Advertising; enact (AmendmentXI&L--28th) Lane--146th
HB 610 DUI breath test; two sequential breath samples required (S Judy--28th) Baker--70th
HB 757 Inmate accounts; medical expense deductions; redefine detention facility (Corr--31st) Childers--13th
HB 398 Olympics; imported equipment, materials, etc.; suspend taxation (F&PU--44th) Buck--135th
HB 167 Landlord; notify prospective tenant; flooding (Amendment) (C Aff--12th) Pelote--149th
HB 253 Certain adoptions; remove limitation on financial assistance (H&HS--43rd) Taylor--134th
HB 119 Arrests; notice to accused; commitment hearing (Substitute) (Pub Saf--54th) Twiggs--8th
HB 824 Business opportunity; redefine; include pushcart and kiosk (C Aff--12th) Wat son--139th
HB 363 Development authorities; additional powers (SLGO--G--35th) Royal--164th
HB 128 High school diploma; student preparedness; warranty (Ed--50th) Baker--70th
HB 509 Aggravated assault by parolee or probationer; bond (Substitute) (S Judy--55th) Wall--82nd
HB 111 Elections; withdrawal of candidate at general election (SLGO--G--10th) Ladd--59th

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HB 680 Distilled spirits; sales by drink on premises; referendum upon resolution (EDT&CA--46th) Stancil--91st
HB 147 Automated teller machines; install at welcome centers (EDT&CA--46th) Powell--23rd
HB 471 Professional engineers and land surveyors; continuing education (Amendment) (ST&I--41st) Watson--139th
HB 495 Termination of parental rights; time limit on issuance of order (SubstituteXJudy--54th) Poston--3rd
HB 468 Magistrates; minimum compensation; computation (Judy--42nd) Cox--160th
HB 670 Corporations; amend provisions (SubstituteXJudy--42nd) Chambless--163rd
HB 595 Insurers; data processing, etc., equipment; consider as assets (I&L--21st) Towery--30th
HB 563 Limited liability partnerships; provisions (S Judy--40th) Chambless--163rd
HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th) Cummings--27th
HB 435 County and Municipal Probation Advisory Council; provisions; (SubstituteXCorr--31st) Dobbs--92nd
HB 176 Juvenile proceedings; venue; amend provisions (Judy--54th) Smith--109th
HB 592 District Attorneys' Retirement; benefits; service over 16 years (Ret--5th) Cummings--27th
HB 436 Corrections; create school district for incarcerated youth (Corr--31st) Dobbs-- 92nd
HB 240 Employment security; temporary help contracting firms (Judy--21st) Buckner--95th
HB 229 Parolees; condition of parole; GED equivalency diploma (Corr--27th) Simpson--101st 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 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. Senate Sponsor: Senator Taylor of the 12th.

MONDAY, MARCH 13, 1995

1443

The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS
9954 Washington Street S.W., Suite 214 Atlanta, Georgia 30334-8400 February 21, 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 336 Committee Substitute (LC 18 6880-ECS)
Dear Chairman Buck:
This Bill adjusts and reinforces the business incentives offered in the Georgia Business Expansion Support Act of 1994. First, investment thresholds for the investment tax credit are reduced to $50,000 so that projects of small as well as large businesses can be en couraged. Second, the limitation to "corporations" is ended allowing companies of any taxliable form to be eligible. Third, Tier 2 counties experiencing short-term economic distress can be redesignated as Tier 1 in order to make them immediately attractive for expansions. Fourth, spatial targeting is improved by redefinition of joint development authorities and industry targeting is sharpened by definition of warehouse facilities eligible for sales tax exemptions on certain purchases. Finally, the Bill introduces an optional investment tax credit. The new credit against income taxes is more liberal than the current provision in terms of credit size and carry-forward period but is limited to offsetting increases in income tax liability that follow the implementation of major projects.
The Georgia Business Expansion Support Act of 1994 was judged to have a positive impact on the State's revenues. The jobs tax credit offers a revenue offset only after a stim ulative expansion in work force has materialized and bolstered the income to be taxed. The investment tax credit offsets tax liability only after a project has been undertaken and taxgenerating increases in income and activity are in prospect. The adjustments offered in this Bill reinforce these prior revenue-increasing effects. Certainly, the more highly-powered investment tax credit that is introduced will be more attractive for large projects in all tiers. Moreover, credits which are earned will only partially offset the tax increases facing companies after their projects are put into place. Accordingly, revenues will climb along with income.
Overall, the adjusted and reinforced system of incentives offered in this Bill will tend to raise the level of activity in the private economy and boost the tax collections going to the State. Significantly, the expansions of tax-generating activity will occur before partial cred its are applied against new tax liabilities.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

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DEPARTMENT OF AUDITS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 March 10, 1995
The Honorable Terrell Starr, Vice Chairman Senate Appropriations Committee State Capitol Room 420-C Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 336 Substitute (LC 18 6938S)
Dear Senator Starr:
This Bill adjusts arid reinforces the business incentives offered in the Georgia Business Expansion Support Act of 1994. First, investment thresholds for the investment tax credit are reduced to $50,000 so that projects of small as well as large businesses can be en couraged. Second, the limitation to "corporations" is ended allowing companies of any taxliable form to be eligible. Third, Tier 2 counties experiencing short-term economic distress can be redesignated as Tier 1 in order to make them immediately attractive for expansions. Fourth, spatial targeting is improved by redefinition of joint development authorities and industry targeting is sharpened by definition of warehouse facilities eligible for sales tax exemptions on certain purchases. Finally, the Bill introduces an optional investment tax credit. The new credit against income taxes is more liberal than the current provision in terms of credit size and carry-forward period. However the new credit can only offset in creases in income tax liability that follow the implementation of major projects.
The Georgia Business Expansion Support Act of 1994 was judged to have a positive impact on the State's revenues. The jobs tax credit offers a revenue offset only after a stim ulative expansion in work force has materialized and bolstered the income to be taxed. The investment tax credit is allowed to offset tax liability only after a project has been under taken and tax-generating increases in income and activity are in prospect. The adjustment offered in this Bill reinforce these prior revenue-increasing effects. Certainly, the more highly-powered investment tax credit that is introduced will be more attractive for large projects in all tiers. Moreover, credits which are earned will apply only to the tax increases companies experience after their projects are put into place. Accordingly, the State's reve nues will climb along with gains in business income.
Overall, the adjusted and reinforced system of incentives offered in this Bill will tend to raise the level of activity in the private economy. Where available credits are most gener ous, they reduce the increase in revenues the State would otherwise claim but they do not reduce the flow of taxes linked to already ongoing activity. The net tax collections going to the State will be increased. In general the expansions of tax-generating activity will occur before partial credits are applied against tax liabilities.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby Director Office of Planning and Budget

MONDAY, MARCH 13, 1995

1445

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 336:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain conditions applicable to certain job tax credits and authorize redesignation of counties which undergo sudden and severe economic distress; to change the eligibility requirements regarding certain tax credits for manufac turing facilities; to change limitations applicable to such credits; to authorize the simulta neous claiming of certain tax credits under certain circumstances; 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; to pro vide for income tax credits for certain qualified investment property; to provide for defini tions, conditions, and limitations; to revise and change an exemption from sales and use taxation for the sale of certain manufacturing machinery; to revise and change an exemp tion from sales and use taxation for sales of primary material handling equipment; to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to revise and change the limitations with respect to qualify ing for job tax credits; to provide for a temporary, optional credit election; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new subsection immediately following subsection (c) of Code Section 48-7-40, relating to tax credits for certain business enterprises, to be designated subsection (c.l), to read as follows:
"(c.l) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county."
SECTION 2.
Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facil ity to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisi tion, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defin ing eligible qualified investment property pursuant to this paragraph."
"(b) In the case of a uoi'pcii atiou or person taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support facility in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 40-7-21 this article in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a

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recycling manufacturing facility, pollution control or prevention machinery or equip ment, a pollution control or prevention facility or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken begin ning with the tax year immediately following the tax year in which the qualified in vestment property having an aggregate cost in excess of $1 million $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax re turn which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;
(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property i emain remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the tax payer's state income tax liability which is attributable to income derived from opera tions in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any un used credit may be transferred and continued by any transferee of the taxpayers:;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $1 million $50,000.00;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased prop erty as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to Claim depreciation for tax purposes on the assets acquired by the corporation taxpayer nor shall the credit have any effect on the tax payer's basis in such assets for the purpose of depreciation.
(d)(l) No Except as otherwise provided in paragraph (2) of this subsection, no taxpayer shalTbe authorized to claim on a tax return for a tax-year given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.

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(2) For taxable years beginning on or after January 1, 1995, and ending on or prior to December 31, 1996, a taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section and to claim, if otherwise qualified under Code Section 48-7-40, the tax credit applicable to tier 1 counties under Code Section 48-7-40, subject to the following limitations:
(A) Not less than 500 new full-time employee jobs must be created in the first taxable year and maintained through the end ot the second taxable year in which the ta payer claims both credits as authorized under this paragraph; and
(B) An otherwise qualified taxpayer shall not be entitled to receive the additional tax credit authorized under Code Section 36-62-5.1 in any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph."
SECTION 3.
Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing facilities in tier 2 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements and machinery and equipment to be used in the manufacturing facility. The department shall promul gate rules defining eligible qualified investment property pursuant to this paragraph."
"(b) In the case of a corporation or person taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing sup port facility in this state in a tier 2 county designated pursuant to Code Section 48-740, there shall be allowed a credit against the tax imposed under Code Section 46-7-21 this article in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment prop erty purchased or acquired by the taxpayer in such year consists of recycling machin ery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified invest ment property must occur no sooner than January 1, 1995. The credit may be taken beginning with the tax year immediately following the tax year in which the quali fied investment property having an aggregate cost in excess of $3 million $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;

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(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the quali fied investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bank ruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project includes the acquisition of qualified investment prop erty having an aggregate cost in excess of $9 million $50,000.00;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute quali fied investment property shall be treated as the purchase or acquisition of qualified investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
(d) No taxpayer shall be authorized to claim on a tax return for a tax-year given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1."
SECTION 4.
Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing facilities in tier 3 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promul gate rules defining eligible qualified investment property pursuant to this paragraph"?*
"(b) In the case of a coipoiatiun ui person taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support facility in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 this article in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or

MONDAY, MARCH 13, 1995

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acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equip ment, a pollution control or prevention facility, or the conversion from defense to domes tic production, the amount of such credit shall be equal to 3 percent.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken begin ning with the tax year immediately following the tax year in which the qualified in vestment property having an aggregate cost in excess of $0 million $50,000.00 is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax re turn which will set forth the following information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;
(E) Any tax credit utilized by the taxpayer in prior taxable years;
(F) The amount of tax credit carried over from prior years;
(G) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired, provided that such qualified investment property remains in service. The credit established by this Code section taken in any one taxa ble year shall be limited to an amount not greater than 50 percent of the taxpayer' 8 state income tax liability which is attributable to income derived from operations in this state for that taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility in any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project includes the acquisition of qualified investment property having an aggregate cost in excess of $0 million $50,000.00;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased prop erty as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the cuipuiatiuii taxpayer nor shall the credit have any effect on the tax payer's basis in such assets for the purpose of depreciation.
(d) No taxpayer shall be authorized to claim on a tax return for a tax year given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1."

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SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new subsection (b) to read as follows:
"(b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-fourth of the costs of retraining per full-time equivalent student employee, or $500.00 per full-time equivalent student, employee, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the em ployer requires that the employee reimburse or pay the employer for the cost of retraining,"
SECTION 6.
Said title is further amended by striking subsection (c) of Code Section 48-7-40.6, relating to tax credits for employers providing child care, and inserting in its place a new subsection (c) to read as follows:
"(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code sec tion but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred."
SECTION 7.
Said title is further amended by adding three new Code Sections, immediately following Code Section 48-7-40.6, to be designated Code Sections 48-7-40.7,48-7-40.8, and 48-7-40.9, respectively, to read as follows:
"48-7-40.7.
(a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an eco nomic value to the wholesale or retail consumer and is ready to be used without fur ther alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facil ity to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisi tion, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph.
(3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products.
(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such op tional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the

MONDAY, MARCH 13, 1995

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credit under Code Section 48-7-40.2. No taxpayer who claims the credit under Code Sec tion 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in ser vice shall be the base year for purposes of calculating the credit provided for by this Code section;
(2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and
(3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol lowing amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or
(B) The excess of the aggregate amount of the credit allowed for the qualified invest ment property over the sum of the amounts of credit already used in the years fol lowing the base year.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $5 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the follow ing information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property placed in service during the taxable year;
(C) The base year average calculated under paragraph (2) of subsection (b) of this Code section;
(D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits;
(E) The amount of the unused credit available at the end of the prior tax year;
(F) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(G) The amount of tax credit remaining for subsequent tax years;
(2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $5 million;
(3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased prop erty as qualified investment property in the taxable year in which the lease becomes

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binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
(d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.8.
(a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an eco nomic value to the wholesale or retail consumer and is ready to be used without fur ther alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facil ity to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisi tion, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph.
(3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products.
(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such op tional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. No taxpayer who claims the credit under Code Sec tion 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in ser vice shall be the base year for purposes of calculating the credit provided for by this Code section;
(2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and

MONDAY, MARCH 13, 1995

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(3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol lowing amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or
(B) The excess of the aggregate amount of the credit allowed for the qualified invest ment property over the sum of the amounts of credit already used in the years fol lowing the base year.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1,1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $10 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the follow ing information, as a minimum:
(A) A description of the project;
(B) The amount of qualified investment property placed in service during the taxable year;
(C) The base year average calculated under paragraph (2) of subsection (b) of this Code section;
(D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits;
(E) The amount of the unused credit available at the end of the prior tax year;
(F) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(G) The amount of tax credit remaining for subsequent tax years;
(2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $10 million;
(3) Any lease for a period of five years or longer of any real or persona] property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased prop erty as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
(d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.9.
(a) As used in this Code section, the term:
(1) 'Product' means a marketable product or component of a product which has an eco nomic value to the wholesale or retail consumer and is ready to be used without fur ther alteration of its form or a product or material which is marketed as a prepared

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material or is a component in the manufacturing and assembly of other finished products.
(2) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facil ity to be located in this state or the expansion of an existing manufacturing facility located in this state, including, but not limited to, amounts expended on land acquisi tion, improvements, buildings, building improvements, and machinery and equipment to be used exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph.
(3) "Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products.
(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such op tional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No taxpayer who claims the credit under Code Sec tion 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in ser vice shall be the base year for purposes of calculating the credit provided for by this Code section;
(2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and
(3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol lowing amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined with out regard to any credits over the base year average; or
(B) The excess of the aggregate amount of the credit allowed for the qualified in vestment property over the sum of the amounts of credit already used in the years following the base year.
(c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the qualified investment property must be first placed in service no sooner than January 1,1996. The credit may only be taken with respect to qualified investment property having an aggregate cost in excess of $20 million. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the follow ing information, as a minimum:
(A) A description of the project;

MONDAY, MARCH 13, 1995

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(B) The amount of qualified investment property placed in service during the taxable year;
(C) The base year average calculated under paragraph (2) of subsection (b) of this Code section;
(D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits;
(E) The amount of unused tax credit available at the end of the prior tax year;
(F) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(G) The amount of tax credit remaining for subsequent tax years;
(2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project re quired by subparagraph (A) of paragraph (1) of this subsection information which dem onstrates that the project includes the placing in service of qualified investment property having an aggregate cost in excess of $20 million;
(3) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of qualified invest ment property by the lessee. The taxpayer may treat the full value of the leased prop erty as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsection have been met; and
(4) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
(d) No taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1."
SECTION 8.
Said title is further amended by striking paragraphs (34) and (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in their place new paragraphs (34) and (34.1) to read as follows:
"(34) The sale of the following types of manufacturing machinery:
(A) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state;
(B) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated for the first time into a new manufacturing plant located in this state;
(C) Machinery which is used directly in the manufacture of tangible personal property when the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and
(D) Any person making a sale of machinery for atry-of the purposes purpose specified in hubpai'dgraphs (A) (D) arid (C) subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certifi cate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the

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purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph;
(34.1) (A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distri bution facility located in this state when such equipment is either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the ware house or distribution facility is worth $10 million or more;.
(B) In order to qualify for the exemption provided for in subparagraph (A) of this para graph, a warehouse or distribution facility may not make retail sales from such facility to" the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility the tax payer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law!"
SECTION 9.
Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint develop ment authorities, is amended by striking subsection (e) and inserting in its place new sub sections (e) and (f) to read as follows:
\Q) A OilSiiitiSS lOCtitctl WiClliil ti!6 Jlll'iSQiCtiOIl OT 3. jOiilt &U.COGi*ity feStfliDliSll^Cl OJT LvVu 01*
iliOl'ti COiiLij^LJ.UU.S CuLLiititiS Will tJU.iil.iij' 1O1* L116 ^I'cctLcsl uOll&i' HiiiOLiiiL 01 JOu LCIA ui'euilS 01
Siiiy 01 Lliti pcH*LiCI}jiiliii^ CulliiLitiSj I'O^Jil'ulOSS 01 Uic tuu.ii.ty ul WiliCli LliO DUS1O3S& ife jjli^Si-
cally louaUiJ. An A joint authority created pursuant to this Code section must be an active, bona fide joint authority; must have a board of directors; must meet at least quar terly; and must develop an operational business plan. A county or municipality may be long to only one such joint authority. A business enterprise as defined under subsection (a) of Code Section 48-7-40 located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for an additional $500.00 tax credit for each new full-time employee position created is available for business engaged in manu-
IdCCdi nlgj} W eii'dlOLtSiii^j u.iSLi'iOU.Lm^) WliOltiSiiliii^j pl'OCtiSSiii^j I'cfeccii'Oll iiiiClu.&VS10p~
AiciiL, Gntiiiy GtilGl* pt*OJGCt j3UTSU3i.lt tG p&i'agi'cLpli \u/ ul wOiic kjcCtiGil ij\j~\ji~ aiiu luctiteCi
WiLlliil Llie jUl'iSuiCtiOIl01 tlic juniL iillLllOi'iLy 01* IOzL clli^y OilSnicSS 6iiSiQ& u ill Q-iiy SilCli
&CtiVity ul* HCtiViticS LIic C*ji'|jOi"<iLti llticlCi^U.<ii'ljd'S Ol wlyiCll iS iOClW3tl wiLliiil Llli^ jlii'iStliC"
Uoii of tlin juiiit antlioi ily. The $500.00 job tax credit authorized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended.
(0 With respect to a joint authority created on or before March 31,1995, and notwithstanding any provision of this Code section to the contrary, any taxpayer eligible for a tax credit pursuant to subsection (e) of this Code section shall have the option of electing to utilize for a given project the tax credit formerly authorized under this Code section for taxable years beginning prior to January 1,1995, in lieu of the tax credit otherwise avail able pursuant to this Code section for taxable years beginning on or after January 1, 1995. Huch election shall be made for each committed project in writing on or before July 1, 1995, to the Commissioner of community affairs. Such election shall not be effective unless approved in writing by the commissioner of community affairs. The board of com munity affairs shall promulgate regulations necessary for the implementation of this subsection."

MONDAY, MARCH 13, 1995

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SECTION 10.

(a) Except as otherwise provided in subsections (b) and (c) of this section, 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 1,1995.
(b) Section 7 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.
(c) Section 8 of this Act shall become effective on July 1, 1995.

SECTION 11.

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

Senator Edge of the 28th offered the following amendment:
Amend the committee substitute to HB 336
by striking on page 22 beginning on line 40 with the word "for" through the word "subsec tion" on line 5 of page 23

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 Crotts Day

Dean Edge Egan Glanton
Gochenour Guhl Isakson Johnson of 1st

Land Langford Madden McGuire
Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Blitch Bowen Broun of 46th Brown of 26th Farrow Gillis Griffin Harbison Henson Hill

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

Ragan Ray Scott Slotin Starr Stokes Taylor Turner Walker

Those not voting were Senators:

Abernathy Cheeks

Thomas

Thompson

On the adoption of the amendment, the yeas were 24, nays 28, and the Edge amend ment to the committee substitute was lost.
Senator Edge of the 28th moved that the Senate reconsider its action in defeating the amendment.

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 Burton Cagle

Cheeks Clay Crotts

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Day Dean Edge Egan Glanton Gochenour

Guhl Isakson Johnson of 1st Kemp Land Langford

Madden McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th
Brown of 26th Farrow Gillis Griffin Harbison Henson
Hill

Hooks James
Johnson of 2nd Marable Middleton Oliver Perdue Pollard
Ragan

Ray Scott
Slotin Starr Stokes Taylor Thomas Turner
Walker

Not voting were Senators Abernathy and Thompson.

On the motion, the yeas were 27, nays 27, and the motion was lost.

Senators Taylor of the 12th and Middleton of the 50th offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to HB 336 by inserting "by two or more contiguous counties" between "created" and "pursuant" on line 13 of page 22"
By striking "or municipality" from lines 16 and 17 of page 22.
On the adoption of the amendment, the yeas were 44, nays 0, and the Taylor and Middleton amendment to the committee substitute was adopted.

Senators Johnson of the 1st, Johnson of the 2nd and Hill of the 4th offered the follow ing amendment:
Amend the committee substitute to HB 336 as follows:
On page 13 line 13 delete "January 1, 1996" and insert in lieu thereof "the effective date of this Section";
On page 16 line 13 delete "January 1, 1996" and insert in lieu thereof "the effective date of this Section";
On page 19 line 13 delete "January 1, 1996" and insert in lieu thereof "the effective date of this Section";
And, on page 23 lines 12 - 14 delete "(b) Section 7 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," and insert in lieu thereof "(b) Section 7 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 beginning on or after January 1, 1995."

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Clay

Crotts Day Edge Glanton Gochenour Guhl

Hill Isakson Johnson of 2nd Johnson of 1st Land McGuire

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1459

Newbill Ralston

Tanksley Tysinger

Those voting in the negative were Senators:

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

Hooks James Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy

Cheeks

Scott

On the adoption of the amendment, the yeas were 22, nays 31, and the Johnson, et al. amendment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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 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 were Senators Abernathy and Scott.

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

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

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Mr. President: The House has disagreed to the Senate amendment to the following bill of the House:

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 Calendar was resumed.

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.
Senate Sponsor: Senator Taylor of the 12th

Senator Edge of the 28th offered the following amendment:
Amend HB 332 by adding on line 28 of page 1 before the word "consumers" the word "all" and by adding on line 28 of page 1 before the word "of the words ", financial and otherwise,".

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 Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Isakson Johnson of 1st

Kemp Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

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

Hooks James Johnson of 2nd Langford Marable Middleton Oliver Perdue Pollard Ragan

Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Not voting were Senators Cheeks and Madden.

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1461

On the adoption of the amendment, the yeas were 23, nays 31, and the Edge 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 Cheeks Clay Crotts Dean Farrow Gillis Griffin

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 Walker

Those voting in the negative were Senators:

Cagle Day Edge

Egan Glanton Gochenour

Guhl Tysinger

Not voting was Senator Johnson of 2nd.

On the passage of the bill, the yeas were 47, nays 8. The bill, having received the requisite constitutional majority, was passed. 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 to order at 1:30 P.M. The Calendar was resumed.

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.
Senate sponsor: Senator Taylor of the 12th.

The Senate Appropriations Committee offered the following substitute to HB 129:

A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change provisions relating to educational funding; to provide for a construction reserve trust fund; to provide that lottery funds for new capital construction projects for educational purposes may be appropriated to such fund; to provide for the peri ods of time within which funds so appropriated must be designated and contractually obli gated; to state legislative intent with respect to program weights; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the

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Quality Basic Education Formula; to change provisions relating to funding of salaries of superintendents, administrative personnel, and visiting teachers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end of Article 1 of Chapter 1 a new Code Section 20-1-8 to read as follows:
"20-1-8.
Any lottery funds appropriated for purposes of new capital construction shall be placed in a Construction Reserve Trust Fund to be maintained by the appropriate fiscal officers of state government. Funds so placed in the Construction Reserve Trust Fund shall be deemed to be committed for educational purposes and programs in compliance with sub section (d) of Code Section 50-27-13. Any such funds must be designated by project by the appropriate educational agency no later than June 30 of the fiscal year for which the funds were appropriated. Any such funds must be contractually obligated no later than June 30 of the fiscal following the fiscal year for which the funds were appropriated. Any funds not designated or contractually obligated within such time periods shall lapse; and additionally any funds not expended as originally designated and obligated within 24 months after the close of the fiscal year for which such funds were originally appropri ated shall lapse. Any funds so lapsing shall lapse to the general fund of the state treasury and shall be credited to the Lottery for Education Account."
SECTION 2.
(a) The General Assembly finds and determines that certain changes should be made in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula. This section accordingly provides for the assignment of certain program weights which shall apply beginning July 1, 1995.
(b) Said Title 20 is further amended by striking subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ra tios and specific services typically required to address the special needs of students en rolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program ........................................1.0081.3286 (2) Primary grades program (1-3)..................................1.2071.2432 (3) Upper elementary grades program (4-5). ........................1.0101.0197 (4) Middle grades program (6-8)...................................t^tei.0242 (5) High school general education program (9-12)..........................1.000 (6) High school nonvocational laboratory program (9-12) ............ .3421.2428 (7) Vocational laboratory program (9-12) ...........................1.0431.3557 (8) Program for the handicapped: Category I........................g^TO2.3419 (9) Program for the handicapped: Category II .......................2:6122.7204 (10) Program for the handicapped: Category III ......................9.3073.4579 (11) Program for the handicapped: Category IV ......................5rM95.5838 (12) Program for intellectually gifted students: Category V ........... .^5921.6374 (13) Remedial education program .................................. 1.0051.2985"

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SECTION 3
Said Title 20 is further amended by striking Code Section 20-2-186, relating to program weights to reflect funds for salaries of superintendents, administrative personnel, and vis iting teachers, which reads as follows:
"20-2-186.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent regardless of system size, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an ac countant essential for the efficient and effective management of all instructional and sup portive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for per sonnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pur suant to Code Section 20-2-152, when multiplied by the base amount, shall reflect suffi cient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychol ogists and psychometrists essential and necessary for the effective operation of such pro grams in a base size local school system, subject to appropriation by the General Assembly",
and inserting in its place a new Code section to read as follows:
"20-2-186
Funds provided under this article shall include the following for local systems to pay the beginning salaries of superintendents, secretaries, and accountants, subject to appropri ation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and one-half the salary of a secretary; and
(2) For numbers of full-time equivalent students over 1,000 and less than 2,001, 80 percent of the amount obtained by multiplying the number of students over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and
(3) For numbers of full-time equivalent students over 2,000 and less than 3,001, 70 percent of the amount obtained by multiplying the number of students over 2,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and
(4) For numbers of full-time equivalent students over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of students over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and
(5) For numbers of full-time equivalent students over 4,000 and less than 10,001, 33 percent of the amount obtained by multiplying the number of students over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and
(6) For numbers of full-time equivalent students over 10,000, an amount equal to 25 percent of the amount obtained by multiplying the number of students over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 20-2-181 and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to

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pay the beginning salaries of special education leadership personnel essential and neces sary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly."

SECTION 4.

Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval; and Section 1 of this Act shall apply with respect to appropriations for the fiscal year ending June 30, 1995, as well as all future fiscal years. Sections 2 and 3 of this Act shall become effective on July 1, 1995.

SECTION 5.

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

Senators Balfour of the 9th, Clay of the 37th and Newbill of the 56th offered the follow ing amendment:
Amend the committee substitute to HB 129 by striking on line 39 of page 3 the language "a new Code section" and inserting in place thereof the language "new Code sections".
By striking all matter on lines 2 through 35 of page 4.
By striking the quotation mark on line 14 of page 5 and inserting between lines 14 and 15 of page 5 the following:
"20-2-186.1.

In addition to all other funds provided under this article, funds shall be provided as spec ified in this Code section, subject to appropriation by the General Assembly. The total amount of funds provided as specified in this Code section, subject to appropriation by the General Assembly, shall be equal to 70 percent of the total amount of funds appropri ated for the fiscal year ending June 30, 1995, for the payment of beginning salaries for superintendents, assistant superintendents, secretaries, and accountants. Such total amount shall be determined by the Office of Planning and Budget, subject to appropria tion by the General Assembly. The total amount of funds so determined shall be allocated and granted pro rata to local school systems based on the most recently completed fulltime equivalent (FTE) program count under Code Section 20-2-160. Each local school system's share of the total funds provided under this Code section shall be the same percentage of the total funds as the local school system's FTE count is of the total FTE count for all local school systems. Funds so allocated and granted to local school systems shall be distributed as provided in subsection (b) of Code Section 20-2-166 and may be expended in any manner for the support and maintenance of education.' "

Senators Balfour of the 9th and Newbill of the 56th offered the following amendment:
Amend the Balfour, et al. amendment by adding after the word, "education" on line 33 of page 1 "other than for salaries for superintendents, assistant superintendents, secretaries, and accountants."

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 Crotts Day Edge Egan

Glanton Gochenour Guhl Isakson Johnson of 1st

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Land McGuire

Newbill Ralston

Tanksley Tysinger

Those voting in the negative were Senators:

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

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

Pollard Ragan Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those not voting were Senators:

Harbison Hooks (excused)

Ray (excused)

Walker (excused)

On the adoption of the Balfour amendment to the Balfour et al. amendment, the yeas were 21, nays 31, and the amendment was lost.

On the adoption of the amendment offered by Senators Balfour of the 9th, Clay of the 37th and Newbill of the 56th to the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Burton Cagle Clay Crotts Day Edge

Egan Glanton Gochenour Guhl Isakson James Johnson of 1st

Land McGuire Newbill Starr Tanksley Thompson Tysinger

Those voting in the negative were Senators:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Farrow Gillis

Griffin Henson Hill Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver

Perdue Pollard Ragan Ralston Scott Slotin Stokes Taylor Thomas Turner

Those not voting were Senators:

Harbison Hooks (excused)

Ray (excused)

Walker (excused)

On the adoption of the amendment, the yeas were 22, nays 30, and the Balfour, et al. amendment to the committee substitute was lost.
Senator Balfour of the 9th moved that HB 129 be placed on the Table.

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

Those voting in the affirmative were Senators:

Balfour Boshears Burton Cagle Day

Edge Egan Glanton Gochenour Guhl

Isakson McGuire Newbill Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch Bowen
Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Farrow Gillis
Griffin

Henson Hill James Johnson of 2nd
Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver

Perdue Pollard Ragan Ralston
Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those not voting were Senators:

Harbison Hooks (excused)

Ray (excused)

Walker (excused)

On the motion to place HB 129 on the Table, the yeas were 15, nays 37, and the motion was lost.
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 Farrow

Gillis Glanton Gochenour Griffin Guhl
Henson Hill
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

Voting in the negative was Senator Egan.

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1467

Those not voting were Senators:

Harbison Hooks (excused)

Ray (excused)

Walker (excused)

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gillis of the 20th assumed the Chair.

The following general bills of the House, having been read the third time and final action suspended on March 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, were continued upon their passage:

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 Sponsors: Senators Tysinger of the 41st and Cagle of the 49th.

The substitute offered by Senator Henson of the 55th on March 10, as it appears in the Journal of March 10, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 0, nays 37, and the substitute was lost.
Senator Harbison of the 15th offered the following amendment:
Amend HB 269 by adding on line 11, page 2, the following: "this Act shall become effective July 1, 1995."
Renumber Section 2 and lines 12 & 13.
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 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 Hill Isakson 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

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Voting in the negative was Senator Black.

Those not voting were Senators:

Gillis (presiding) Hooks (excused)

Johnson of 2nd Ray (excused)

Walker (excused)

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.

The amendment offered by Senator Thomas of the 10th on March 10, as it appears in the Journal of March 10, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Egan
Farrow Gochenour Griffin
Guhl Harbison Henson Hill Isakson James Johnson of 1st Kemp Land Langford Madden

Marable
McGuire Newbill Pollard
Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay Gillis (presiding) Glanton Hooks (excused)

Johnson of 2nd Middleton Oliver Perdue

Ray (excused) Starr Walker (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

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1469

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to provide that with respect to employers of certain domestic employees certain contributions shall become due and payable on an an nual basis rather than on a quarterly basis; to provide for a definition; to provide for annual tax and wage reports; to provide for powers, duties, and authority of the Commissioner of Labor with respect to the foregoing; to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employ ees and compensation, so as to authorize the state revenue commissioner to provide for the collection of delinquent taxes, penalty, and interest by contractors; to provide for compen sation; to provide for qualifications; to provide for effective dates; to repeal conflicting laws; end for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 34 of the Official Code of of Georgia Annotated, relating to employment security, is amended by striking subsection (a) of Code Section 34-8-150, relating to pay ment of contributions by employers, and inserting in its place a new subsection (a) to read as follows:
"(a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such contributions shall be come due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Com missioner may prescribes; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall be authorized to provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such em ployer's employ."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 34-8-165, relat ing to tax and wage reports, and inserting in its place a new subsection (a) to read as follows:
"(a)(l) In accordance with such regulations as the Commissioner may prescribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply.
(2) With respect to employers as defined in paragraph (2) of subsection (a) of Code Sec tion 34-8-33, the Commissioner may provide by regulation for such tax and wage reports to be filed on an annual rather than on a quarterly basis in accordance with federal law.

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No penalty shall be due for such reports which are filed in the manner and within the time period prescribed by the Commissioner.
(3) Such reports shall list the name, social security number, the amount of wages paid each employee by such employer, and any other information the Commissioner may require."

SECTION 3.

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, is amended by adding a new subsection at the end thereof to be designated subsection (e) to read as follows:
"(e) The commissioner is authorized to provide for the collection of delinquent taxes, in cluding penalties and interest, by contractors. Any such contractors must be approved by the commissioner. No employee of the department shall be approved as a contractor under this subsection. Such contractors shall be compensated only on a commission or contingent fee basis."

SECTION 4.

(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) Section 3 of 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 Isakson of the 21st moved that the Senate disagree to the House substitute to SB 29.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 29.
The following bill of the House having been read the third time and final action sus pended on March 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calen dar for today, was continued upon its passage:

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.

The substitute offered by Senator Edge of the 28th on March 10, as it appears in the Journal of March 10, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 30, 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 Boshears

Bowen Broun of 46th Brown of 26th Burton

Cagle Clay Crotts Day

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1471

Dean Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Hill James

Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver

Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Turner

Those not voting were Senators:

Blitch Cheeks Gillis (presiding) Henson Hooks (excused)

Isakson Johnson of 2nd Perdue Ray (excused)

Starr Thompson Tysinger Walker (excused)

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the House having been read the third time and final action sus pended on March 10, pursuant to Senate Rule 143, and placed on the Senate Rules Calen dar for today, was continued upon its passage.

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.
The substitute offered by Senator Walker of the 22nd on March 10, as it appears in the Journal of March 10, was automatically reconsidered and put upon its adoption:
The substitute offered by Senator Walker of the 22nd was as follows:
Senators Walker of the 22nd, Ray of the 19th, 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.

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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 authority regardless of name. Such 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."

MONDAY, MARCH 13, 1995

1473

SECTION 2.

Said title is further amended by adding at the end thereof a new Chapter 88 to read as follows:

36-88-1.

"CHAPTER 88

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 to ward the demographic, technological, and structural changes that will surely affect them, their strategic capacities to address these problems will be even more critical. Individu als, local governments, and the private sector must play a more meaningful role in iden tifying 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 coordi nation and implementation of governmental and private sector efforts to increase the quality of life in Georgia's various communities.
(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

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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;
(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.

MONDAY, MARCH 13, 1995

1475

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.
Senator Walker of the 22nd offered the following amendment:
Amend the Walker of the 22nd substitute to HB 250 by striking line 12 of page 3 and inserting in lieu thereof the following:
"on or before January 1, 1996, and shall register on or before January 1 of each year thereafter.'".
On the adoption of the amendment to the substitute offered by Senator Walker of the 22nd, the yeas were 29, nays 0, and the amendment was adopted.

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

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th Burton Dean Farrow Griffin

Harbison Hill Isakson James Langford Madden Marable

Scott Slotin Stokes Taylor Thomas Turner

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Bowen Cagle Cheeks Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Johnson of 1st Kemp

Land McGuire Newbill Pollard Ragan Ralston Tanksley Tysinger

Those not voting were Senators:

Gillis (presiding) Henson Hooks (excused) Johnson of 2nd

Middleton Oliver Perdue Ray (excused)

Starr Thompson Walker (excused)

On the adoption of the substitute, the yeas were 20, nays 25, and the substitute was lost.

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JOURNAL OF THE SENATE

Senator Thomas of the 10th offered the following amendment:
Amend HB 250 by striking line 12 of page 3 and inserting in lieu thereof the following:
"on or before January 1, 1996, and shall register on or before January 1 of each year thereafter.'".
On the adoption of the amendment offered by Senator Thomas of the 10th, the yeas were 34, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, 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 Cheeks Clay Crotts Dean Edge Egan Farrow

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

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

Those voting in the negative were Senators:

Cagle Day

Glanton

Guhl

Those not voting were Senators:

Abernathy
Brown of 26th Gillis (presiding)
Hooks (excused)

Johnson of 2nd
Oliver Perdue

Ray (excused)
Starr Walker (excused)

On the passage of the bill, the yeas were 42, nays 4. 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:

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.
Senate Sponsor: Senator Clay of the 37th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 13, 1995

1477

On the 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 Egan

Farrow Glanton Gochenour
Griffin Guhl
Harbison
Henson Hill
Isakson James Kemp Land Langford Marable

McGuire Middleton Newbill
Pollard Ragan
Ralston
Scott Slotin
Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th
Edge Gillis (presiding) Hooks (excused) Johnson of 2nd

Johnson of 1st
Madden Oliver Perdue

Ray (excused)
Starr Taylor Walker (excused)

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

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.
Senate Sponsor: Senator Boshears of the 6th.

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

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

Those voting in the affirmative were Senators:

Abernathy 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 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Pollard Ragan Ralston
Scott Slotin Stokes Tanksley
Taylor Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 26th
Gillis (presiding) Hooks (excused)

Johnson of 2nd
Oliver Perdue

Ray (excused)
Starr Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 498. By Representaitves 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.
Senate Sponsor: Senator Clay of the 37th.

Senators Marable of the 52nd and Dean of the 31st offered the following amendment:
Amend HB 498 by striking in its entirety line 1 of page 1 and inserting in lieu thereof the following:
"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 amend Article 1 of Chapter 11 of Title 15 of the Official".
By striking in its entirety line 10 of page 1 and inserting in lieu thereof the following:
"alleged to be unruly; 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 violence; to provide for consideration of the perpetrator's history of causing physical harm, bodily harm, assault, or causing reason able fear of physical harm, bodily injury, or assault; to provide that absence of a parent for a reasonable time because of family violence shall not be deemed abandonment; to provide when visitation by a parent who has committed acts of family violence may be awarded; to provide for conditions relating to safety in visitation orders; to provide for confidentiality of the address of the child and the victim of family violence; to prohibit ordering joint counsel ing as a condition of custody or visitation; to provide for conditions if a family or household member supervises visitation; to provide for other related matters; to provide for an effec tive date and applicability; to repeal conflicting laws; and for".
By inserting following line 12 of page 1 the following:
"SECTION 1.
Code Section 15-6-77, relating to fees of superior court clerks, is amended by striking sub section (e) and inserting in its place a new subsection to read as follows:
'(e) Costs in civil cases:
(1) As used in this subsection, the term 'civil cases' shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, con demnation actions, and actions for the validation and confirmation of revenue bonds.

MONDAY, MARCH 13, 1995

1479

Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragiaph (0) paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action: (A) Validation and confirmation of revenue bonds pursuant to Code
Section 36-82-79, first 500 bonds, each ................................$ 1.00 All bonds over 500, each ....................................................50 (B) Recording on final record, per page ..................................... 1.50
(4) The total sum for all services rendered by the clerk of superior court through entry ofjudgment in family violence cases under Chapter 13 of Title 19 shall be $20.00. Such sum shall be inclusive of any additional sums which may be provided for by other laws except costs for service of process; and any remittances required to be made by the clerk of superior court in such cases shall be made from such $20.00. No additional sums, other than costs for service of process, shall be charged or collected in a family violence case. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 156-77.1, 15-6-77.2, and 15-6-771T
(4X5) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.'"
By renumbering Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By inserting after line 2 of page 4 the following:
"SECTION 5.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended by striking subsection (a) of Code Section 19-9-1, relating to cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, and inserting in lieu thereof a new subsection to read as follows:
'(a)(l) In all cases in which a divorce is granted, the party not in default shall be entitled to {He custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians ap pointed by the judge of the probate court.
(2) In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;

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JOURNAL OF THE SENATE

(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances sHall not be deemed an abandonment of the child or children for the purposes of cus tody determination?
(3) In all sroh cases in which the child has reached the age of 14 years, the child shall Have the right to select the parent with whom he or she desires to live. The child's selec tion shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months re garding the custody of a child who has reached the age of 14 years where the judge hear ing the case determines such a temporary order is appropriate. Nothing in this Code scCLioii SI13.H DG incsi prtittici to uuy trkG noiiciisiociiiii pjirsiiL tiiti ri^riL to FGflfioniiDi^ viSi~
tcitiOil U.tiLtl liinitu Dj tll COlti't <iS ill utlltil' Oiifccfe.
SECTION 6.
Said article is further amended by striking subsection (a) of Code Section 19-9-3, relating to cases in which the custody of a minor child or children is at issue between the parents, and inserting in lieu thereof a new subsection to read as follows:
'(a)(l) In all cases in which the custody of any minor child or children is at issue between the~parents, there shall be no prima-facie right to the custody of the child or children in the father or mother.
(2) The court hearing the issue of custody, in exercise of its sound discretion, may take Into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom cus tody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly.
(3) In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;
(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable tear of physical harm, bodily injury, or assault to another person; and
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation tor a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of cus tody determination.
(4) In all custody cases in which the child has reached the age of 14 years, the child shall Have the right to select the parent with whom he or she desires to live. The child's selec tion shall be controlling unless the parent so selected is determined not to be a fit and and proper person to have the custody of the child. Nolhiiig in this Code section shall be
iiiLci'plcttiCl LO Qciiy tI16 llL/ilCU.fcLOLli<il jjJrilGiit Llict I'l^JlYt tO i.Td&50I~ltD16~VlSXtLtiOil. ucLci liiiiicCl
liy Lliti COU.1X IS III OLlltil C&5^.
(5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or perma nent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate.

MONDAY, MARCH 13, 1995

1481

(6) The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation.'
SECTION 7.
Said article is further amended by inserting a new Code section to be designated Code Section 19-9-7 to read as follows:
'19-9-7.
(a) A court may award visitation by a parent who committed one or more acts involving family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation order, a court may:
(1) Order an exchange of a child to occur in a protected setting;
(2) Order visitation supervised by another person or agency;
(3) Order the perpetrator of family violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;
(4) Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section 1613-25 during the visitation and for 24 hours preceding the visitation;
(5) Order the perpetrator of family violence to pay a fee to defray the costs of super vised visitation;
(6) Prohibit overnight visitation;
(7) Require a bond from the perpetrator of family violence for the return and safety of the child; and
(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member.
(b) Whether or not visitation is allowed, the court may order the address of the child and the victim of family violence to be kept confidential.
(c) The court shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation.
(d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.'
SECTION 8.
This Act shall become effective July 1,1995, and shall apply with respect to actions filed on or after that date."
By renumbering Section 4 as Section 9.
On the adoption of the amendment to HB 498 offered by Senators Marable of the 52nd and Dean of the 31st, the yeas were 39, nays 0, and the amendment was adopted.
Pursuant to Senate Rule 143 action on HB 498 was suspended and HB 498 was placed on the General Calendar.
The President resumed the Chair.
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.
Senate Sponsor: Senator Boshears of the 6th.

The Committee on Consumer Affairs offered the following amendment:
Amend HB 321 by striking line 18 of page 1 and inserting in lieu thereof the following:
"reusable medical or dental implements in the place of business of.
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:

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Blitch Egan Hooks (excused)

Johnson of 2nd Perdue Ray (excused)

Taylor Thomas Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HR 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.
Senate Sponsor: Senator Ragan of the llth.

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

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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 Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Hooks (excused) Johnson of 2nd

Perdue Ray (excused)

Taylor Walker (excused)

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

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 James Johnson of 1st Kemp Land Langford Madden Marable

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

Those not voting were Senators:

Abernathy Hooks (excused) Isakson

Johnson of 2nd Ray (excused) Scott

Taylor Walker (excused)

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On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 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. Senate Sponsor: Senator Hill of the 4th.
Senators Walker of the 22nd and Edge of the 28th offered the following amendment:
Amend HB 346 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide an exemption from sales taxation for certain sales to nonprofit licensed in-patient hospices; to".
By striking lines 10 through 13 on page 1 and inserting in lieu thereof the following:
"Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking in its entirety paragraph (7) of Code Section 48-8-3, relat ing to exemptions from taxation, and inserting in lieu thereof 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 hoiplce, 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;'
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-8-111, relating to the procedure for the imposition of the special county 1 percent sales tax, and inserting in lieu thereof a new".
By renumbering Sections 2 and 3 as 3 and 4, respectively.
On the adoption of the amendment offered by Senators Walker of the 22nd and Edge of the 28th, the yeas were 37, nays 0, and the amendment was adopted.
Senators Edge of the 28th, Land of the 16th, Cagle of the 49th and Day of the 48th offered the following amendment:
Amend HB 346 by striking line 1 of page 1 and inserting in lieu thereof the following:
"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; to amend Code Section 48-8-111 of the Official Code of. By redesignating Sections 1 through 3 as Sections 2 through 4, respectively.
By inserting between lines 8 and 9 of page 1 the following:
"SECTION 1.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, is amended by striking "or" from the end of paragraph (54)

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thereof, striking the period at the end of paragraph (55) thereof and inserting "; or", and adding thereafter a new paragraph (56) to read as follows:
'(56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code.'"
On the adoption of the amendment, the yeas were 37, nays 0, and the Edge, 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 Isakson James Johnson of 1st Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Hooks (excused)

Johnson of 2nd Perdue

Ray (excused)

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

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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

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Crotts Day Dean Edge 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 Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Egan Hooks (excused)

Johnson of 2nd Ray (excused)

Walker (excused)

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

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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Cheeks Egan Glanton Hooks (excused)

Isakson James Johnson of 2nd Newbill

Ray (excused) Thomas Walker (excused)

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1487

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

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

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

Marable McGuire Middleton Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Tanksley Taylor Thomas Turner

Those not voting were Senators:

Cheeks Day Hooks (excused) Johnson of 2nd

Newbill Ray (excused) Stokes

Thompson Tysinger Walker (excused)

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

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.
Senate Sponsor: Senator Broun of the 46th.

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

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

McGuire Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Turner Tysinger

Those not voting were Senators:

Abernathy Cheeks Egan Hill

Hooks (excused) Johnson of 2nd Middleton Perdue

Ray (excused) Thomas Thompson Walker (excused)

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 disagreed to the Senate substitute to the following bill of the House:

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.
The Calendar was resumed.

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. Senate Sponsor: Senator Henson of the 55th.
Senators Dean of the 31st and Marable of the 52nd offered the following amendment:

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Amend HB 354 by striking line 2 on page 1 and inserting in lieu thereof the following:
"relating to alcoholic beverages, so as to provide for annual permits authorizing free tast ing of malt beverages on brewery premises during education and promotional tours con ducted by certain brewers; to define and provide".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively, and by inserting a new Section 1 to read as follows:
"SECTION 1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end of Article 2 of Chapter 5, relating to malt beverages, a new Code Section 3-5-35 to read as follows:
'3-5-35.
The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state and which brews over 100,000 barrels of malt beverages annually authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer.'"
On the adoption of the amendment offered by Senators Dean of the 31st and Marable of the 52nd, the yeas were 31, nays 9, and the amendment was adopted.
The Committee on Consumer Affairs offered the following substitute to HB 354:
A BILL
To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for annual permits authorizing free tasting of malt beverages on brewery premises during educational and promotional tours conducted by certain brewers; to define and provide for the establishment of residential community de velopment districts; to prescribe the methods by which alcoholic beverages may be lawfully sold within such districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end of Article 2 of Chapter 5, relating to malt beverages, a new Code Section 3-5-35 to read as follows:
"3-5-35.
The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state and which brews over 100,000 barrels of malt beverages annually authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer."
SECTION 2.
Said title is further amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
3-12-1.
As used in this chapter, the term 'residential community development district' or 'district' means a private residential development that:

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(1) Is not less than 500 acres of contiguous land area;
(2) Is located either within a county where the sale of alcoholic beverages is authorized or within a county that has one or more municipalities where the sale of alcoholic beverages is authorized, but outside the corporate limits of any municipality;
(3) Has at least 200 residential sites, platted and recorded in the office of the clerk of the superior court of the county as a residential subdivision;
(4) Has streets that were or will be built with private funds and are or will be maintained by private funds of the developers or property owners within the development; and
(5) Has a social club with:
(A) An 18 hole golf course of regulation size;
(B) A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons;
(C) A golf or social club membership and has at least 200 paid-up members who have paid a membership fee for family or individual membership;
(D) A membership policy whereby membership is not denied or limited by an appli cant's race, color, creed, sex, religion, or national origin; and
(E) A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold. 3-12-2.
(a) The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a community development district with the clerk of the superior court of the county in which the dis trict is to be located or, if located in more than one county, of each of the counties in which the district is located.
(b) The articles of establishment of a residential community development district shall contain the following:
(1) The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation demon strating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option;
(2) A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district;
(3) A schematic layout of the proposed district with a map of the proposed and existing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, to gether with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county;
(4) The proposed name of the district and the location and the mailing address of the principal office of the district; and
(5) A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected mem bers; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the petition. Each landowner within the district shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected. A landowner whose parcel of land measures less than one acre shall be entitled to one vote with respect thereto. The selected number of candidates receiving the highest number of votes shall

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be elected to the board of control for a period of one year, or until his or her successor is duly elected and qualified.
(c) The articles of establishment and two copies thereof shall be delivered to the clerk of the superior court who shall, upon the payment of the fees prescribed in this Code section:
(1) Endorse on the articles and on each of such copies the word 'Filed' and the hour, day, month, and year of the filing thereof;
(2) File the articles in his or her office and certify the two copies thereof; and
(3) Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district.
(d) Upon the filing of the articles of establishment of the community development dis trict with the clerk of the superior court, the district's existence shall begin.
(e) In lieu of all other charges and fees, the clerk of the superior court shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establish ment not to exceed $100.00 for the county and $35.00 for the clerk of the superior court.
3-12-3.
(a) As used in this Code section, the term:
(1) 'Member' means any person whose membership application has been approved by the social club, which membership shall not become effective for purposes of purchas ing alcoholic beverages less than five days following both approval and payment of the membership initiation fee.
(2) 'On-premises consumption' means consumption on the property of the social club including the club house, golf course, and other outside recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account or to a major credit card. There shall be no cash sales of alcoholic beverages.
(b)(l) Upon the establishment of a residential community development district as pro vided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community develop ment district. Each such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection.
(2) No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the quali fied electors of the voting precinct wherein the residential community development dis trict is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect.
(3) The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county elec tion superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:

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"( ) YES Shall the issuance of licenses to sell distilled spirits by the drink to ( ) NO certain residential community development districts be approved?"
Those persons desiring to vote in favor of issuance of the licenses shall vote "Yes" and those persons opposed to issuance of the licenses shall vote "No." If more than one-half of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately follow ing the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held.
(c)(l) Upon being licensed by the county governing authority, a residential community development district shall then apply to the commissioner for the appropriate state license and shall be subject to all state licensing requirements.
(2) Upon being licensed by the county governing authority and the commissioner, alco holic beverages may be sold by the social club of the district to members and their guests for on-premises consumption only.
(3) The social club shall be licensed to sell alcoholic beverages to its members and their guests pursuant to such regulations as the county governing authority may deem nec essary for the proper enforcement of this chapter.
(4) The original application for licensure by the county governing authority shall be accompanied by a certificate from the board of control of the district in which the social club is located consenting to and approving the sale of alcoholic beverages at the club."

SECTION 3.

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

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 39, and the committee substi tute was lost.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Clay Crotts Dean Edge Egan
Griffin

Guhl Harbison Henson Isakson Johnson of 1st Kemp Land Langford Madden Marable McGuire
Middleton

Newbill Oliver Ragan Ralston Scott Slotin Stokes Tanksley Thomas Thompson Turner
Tysinger

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Those voting in the negative were Senators:

Black Burton Cagle Cheeks

Day Farrow Gillis Glanton

Gochenour Pollard Starr Taylor

Those not voting were Senators:

Broun of 46th Hill Hooks (excused)

James Johnson of 2nd Perdue

Ray (excused) Walker (excused)

On the passage of the bill, the yeas were 36, nays 12. The bill, having received the requisite constitutional majority, was passed as amended.

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 an 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.
Senate Sponsor: Senator Turner of the 8th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Isakson 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

Those not voting were Senators:

Burton Glanton

Hooks (excused) Johnson of 2nd

Ray (excused) Walker (excused)

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

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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.

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 Isakson 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

Those not voting were Senators:

Hooks (excused) Johnson of 2nd

Ray (excused)

Walker (excused)

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

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 instruments contains an affirmative statement of intent.
Senate Sponsor: Senator Tanksley of the 32nd.

The Senate Committee on Special Judiciary offered the following substitute to HB 194:
A BILL
To be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for certain responsibilities of the buyer or grantee of real prop erty or any interest in real property; to require the grantor, owner, or the agent of the owner of any real property to provide a certain notice to the prospective purchaser, lessee, or grantee of certain real property or any interest in certain real property; to provide for the contents of such notice; to provide for the effect of noncompliance; to provide for exceptions; to provide that no cause of action is created; to provide for the reversion of title to real

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property conveyed to secure a debt or debts when the record of conveyance or the convey ance states or fixes the maturity date of the debt but such instrument contains an affirma tive statement of intent to establish a perpetual or indefinite security interest; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding at the end of Chapter 1 of said title a new Code Section 44-1-17 to read as follows:
"44-1-17.
(a) Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or agricul tural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer's or grantee's responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identi fied on an approved county land use plan as agricultural or silvicultural use. If the gran tor, owner, or agent of the owner knows that the property being acquired is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall deliver to the prospective purchaser, lessee, or grantee a notice which states the following:
'It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an inter est lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of these inconveniences may oc cur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards.'
(b) Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document.
(c) This Code section shall not apply to any transaction involving title passing by foreclo sure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator.
(d) This Code section shall not create a cause of action for damages or equitable relief."
SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or the grantor's heirs, personal representatives, successors, and assigns as follows:
(1) Title to real property conveyed to secure a debt or debts shall revert to the grantor or his or her heirs, personal representatives, successors, and assigns at the expiration of seven years from the maturity of the debt or debts or the maturity of the last install ment thereof as stated or fixed in the record of the conveyance or, if not recorded, in the

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conveyance; provided, however, that where the parties by affirmative statement con tained in the record of conveyance intend to establish a perpetual or indefinite security Interest in the real property conveyed to secure a debt or debts, the title shall revert at tEe expiration of the later of (A) seven years from the maturity of the debt or debts or tEe maturity of the last installment thereof as stated or fixed in the record of convey ance or, if not recorded, in the conveyance; or (B) 20 years from the date of the convey ance as stated in the record or, if not recorded, in the conveyance;
(2) If the maturity of the debt or debts or the maturity of the last installment thereof is not stated or fixed, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date of the conveyance as stated in the record or, if not recorded, in the conveyance; provided, however, that where the parties by affirmative statement contained in the record of conveyance intend to establish a per petual or indefinite security interest in the real property conveyed to secure a debt or debts, the title shall revert at the expiration of 20 years from the date of the convey ance as stated in the record or, if not recorded, in the conveyance; or
(3) If the maturity is not stated or fixed and the conveyance is not dated, title to real property conveyed to secure a debt or debts shall revert at the expiration of seven years from the date the conveyance is recorded or, if not recorded, is delivered;
provided, however, that foreclosure by an action or by the exercise of power of sale, if started prior to reversion of title, shall prevent the reversion if the foreclosure is com pleted without delay chargeable to the grantee or the grantee' s heirs, personal repre sentatives, successors, or assigns."
SECTION 3.
(a) Section 1 of this Act shall become effective on July 1, 1995, and shall be applicable to any transaction involving real property entered into on or after such date.
(b) Section 2 of this Act shall become effective on July 1, 1995; provided, however, that where the record of conveyance states or fixes the maturity of the debt or debts or the maturity of the last installment thereof and the parties by affirmative statement contained in the record of conveyance evidence their intention to establish a perpetual or indefinite security interest, Section 1 of this Act shall be applicable and effective with respect to all such conveyances even though they may be dated prior to July 1, 1995.
(c) The remaining sections of this Act shall become effective on July 1, 1995.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Tanksley of the 32nd and Perdue of the 18th offered the following amendment:
Amend the committee substitute to HB 194 by changing "Section 1" on line 17, page 4 to "Section 2";
by adding following the word "relief." on line 38 of page 2 the following:
"(f) Nothing in this Code Section shall be construed, interpreted or enforced in a man ner which impairs any contract rights under currently existing instruments conveying real property to secure a debt or debts."
On the adoption of the amendment, the yeas were 36, nays 0, and the Tanksley and Perdue 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.

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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 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
Scott Slotin Starr Stokes Tanksley Thomas Turner Tysinger

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Abernathy Hooks (excused)

Johnson of 2nd Ray (excused)

Taylor Walker (excused)

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 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.
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 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
Kemp Land Langford Madden
Marable McGuire Middleton Newbill Oliver Perdue Pollard
Ragan

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Ralston Slotin Starr Stokes

Tanksley Taylor Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Blitch Hooks (excused) Johnson of 2nd

Johnson of 1st Ray (excused)

Scott Walker (excused)

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

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. Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Griffin Harbison Hill Isakson James 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 not voting were Senators:

Day Guhl Henson

Hooks (excused) Johnson of 2nd Ray (excused)

Stokes Thomas Walker (excused)

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

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.

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Senator Perdue of the 18th moved that the Senate insists on its substitute to HB 62.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 62.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for toll free calling between two telephones where the central offices serving such telephones are within 22 miles of each other; to provide for modification of rate schedules; to provide for recovery of expenses or lost revenue by telephone companies; to provide that the rate-making power of the Pub lic Service Commission shall not be affected; to provide for an alternative system of regula tion 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 established; 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 re spect to implementing such regulatory system; to authorize the Public Service Commission to petition, intervene, or commence proceedings before federal agencies or courts in further ance of enhancing the competitive market for telecommunications services in Georgia; 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 prohibit cer tain local exchange companies or telecommunications companies from providing local ex change services which services are purchased from another local exchange company if those services are jointly marketed with any interLATA service until a certain date; to provide penalties for such violations; to provide for interconnection between certificated providers; to provide procedures for interconnection; to authorize local exchange companies to make an election relative to alternative regulation; to provide for rates for switched ac cess; to create a Universal Access Fund and to provide for contributions to and disburse ments from said fund; to require local exchange companies to file certain information with the Public Service Commission; to provide limitations on local exchange companies which elect an alternative system of regulation; to provide for portability of telephone numbers; to provide restrictions on local measured telecommunications 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 tele phone 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 amend Code Section 50-5-200 of the Official Code of Georgia Annotated, relating to the use of funds in Universal Service

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Fund not used for qualifying hardship assistance filings, so as to provide for the use of funds in the Universal Service Fund to facilitate toll free calling between two telephones where the central offices serving such telephones are within 22 miles of each other; to pro vide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety Code Section 46-2-25.2, relating to 16 mile toll free telephone calling, and inserting in lieu thereof a new Code Section 46-2-25.2 to read as follows:
"46-2-25.2.
(a) It is the purpose of this Code section to provide for toll free calling between two tele phones where the central offices serving such telephones are within 22 miles of each other.
(b) On and after January 1, 1996, the Public Service Commission shall not approve any new rate schedule which authorizes a long-distance charge for calls between two tele phones where the central offices serving such telephones are within 22 miles of each other.
(c) On and after January 1,1996, rate schedules approved by the Public Service Commis sion prior to January 1, 1996, shall be amended so as to reduce by one-half the long distance charge for calls between two telephones where the central offices serving such telephones are within 22 miles of each other.
(d) On or before January 1, 1996, the Public Service Commission shall conduct hearings and accept evidence with respect to previously approved rate schedules and upon consid eration of such evidence shall determine any further reductions in long-distance charges for calls between two telephones where the central offices serving such telephones are within 22 miles of each other. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such further reductions.
(e) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone com pany throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas; and
(2) The reasonable rate of return on investment authorized in the rate schedule ap proved by the Public Service Commission for such telephone company.
(f) Any telephone company seeking to recover any portion of its expenses or lost toll reve nues resulting from the required implementation of the 22 mile toll free calling plan contained in this Code section shall demonstrate its financial hardship to the Public Ser vice Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 22 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those au thorized in their respective tariffs. Such methodology and source for offsetting costs shall include but not be limited to recovery from the Universal Service Fund as permitted under Code Section 50-5-200.
(g) Nothing in this Code section shall be interpreted as amending, modifying, or repeal ing Code Section 46-2-23, relating to the rate-making power of the Public Service Com mission generally and special provisions concerning telecommunications companies."

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SECTION 2.
Said title is further amended by adding at the end of Chapter 5, relating to telephone and telegraph service and regulation of such service, 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.'
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 telecommunications services at the most efficient pricing;
(2) Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged 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' means 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.

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(6) 'Fund' means the Universal Access Fund created in Code Section 46-5-167.
(7)' Gross domestic product-price index' or 'GDP-PI' 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.
(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 to the public for hire.
(18) 'Telecommunications services' means the services for the transmission of two-way interactive communications. For purposes of illustration, the term 'telecommunica tions services' includes without limitation 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.

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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 is sue certificates to long distance telecommunications carriers subject to federal court deci sions, federal law, and regulations of the Federal Communications Commission.
(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. No local exchange company or telecommunica tions company, except those telecommunications companies authorized to purchase local exchange services from a local exchange company for resale prior to July 1, 1995, may provide local exchange services which services are purchased from another local ex change company if those services are jointly marketed with any interLATA service until that date certain when all local exchange companies and telecommunications companies are permitted by federal, state, and local laws, regulations, and rules to jointly market interLATA services and local exchange services. The term 'jointly market' shall include any advertisement or marketing effort in which two or more products or services are provided or offered to a consumer, such efforts including, without limitation, sales refer rals, resale arrangements, and sales agency arrangements. The provisions of Code Sec tions 46-2-90 through 46-2-93 shall apply to any violation of this Code section. Furthermore, such a violation may be considered an abuse of market position, and the provisions subsection (c) of Code Section 46-5-163 shall apply.
(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.
(g) 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; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced.
(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.
(b) Rates for basic 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, 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.
(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 rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the preced ing year when the percentage change in the GDP-PI exceeds 3 percent or the GDP-PI 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.

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(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 article, 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 corresponding 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 associ ated 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 adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjustments 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 estab lished pursuant to this Code section.
(3) In the event that the rates for switched access cannot be negotiated between the parties, the commission 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 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.
(c) The commission may also require a company other than a local exchange company to contribute 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 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.

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(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 including modifications to the maximum allowable charge for basic local exchange service;
(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;
(9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and
(10) Direct telecommunications companies to make investments and modifications nec essary to enable portability.
(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.
(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 telecommunications service.

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(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.
(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.
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 interest.
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.
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.

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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 fine 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. Local ex changes 495 and 567 shall be included in the 404 area code, and removed from 706 area code."
SECTION 3.
Code Section 50-5-200 of the Official Code of Georgia Annotated, relating to the use of funds in Universal Service Fund not used for qualifying hardship assistance filings, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new sub section (b) to read as follows:
"(b) For a period of three years after January 1, 1996, an amount not to exceed $25 mil lion may be used from the Universal Service Fund for the purpose of offsetting transi tional expenses and costs associated with the 22 mile calling radius as permitted under subsection (f) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $25 million not so disbursed by the Department of Administrative Services for said purposes within three years after January 1, 1996, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part."
SECTION 4.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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.

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SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate disagree to the House substitute to SB 137.
On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate dis agreed to the House substitute to SB 137.
The Calendar was resumed.
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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Insurance and Labor offered the following amendment:
Amend HB 596 by striking lines 1 through 21 of page 1 and inserting in lieu thereof the following:
"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 and revise the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the assessment of costs of collection of civil penalties, investigations, and prosecution; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation; to provide for matters relative to such unit; to provide a short title; to provide for require ments relative to advertising; to provide certain mandatory notices in conjunction with ad vertisements related to workers' compensation; to provide criminal penalties for violations; to vest the board with the authority to require parties to submit to mediation; to broaden the admissibility of certain medical reports in administrative hearings; to revise provisions relative to catastrophic injuries; to provide for the assessment of a penalty for medical charges not paid within a certain time period; to provide that such penalty shall be paid to the provider of medical services; to delete the differentiation between dependents of a de ceased employee who are not citizens of the United States; to redirect the payment of pen alties and other funds from the Subsequent Injury Trust Fund to the general fund of the state treasury; to provide for matters relative to the foregoing; to provide for severability; to provide for retroactivity of certain provisions; to repeal conflicting laws; and for other purposes."
By adding on line 30 of page 3 after the word "may" and before the word "assert" the following:
"but is not required to".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Isakson of the 21st offered the following amendment:
Amend HB 596 by striking all the language on lines 16 through 19 on page 4.
Senator Isakson of the 21st asked unanimous consent that his amendment be withdrawn.
The consent was granted and the amendment was withdrawn.

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JOURNAL OF THE SENATE

Senator Land of the 16th offered the following amendment:
Amend HB 596 by amending subsection (e) on page 4 by adding on line 17 after "or the following:
"subsection (c) of.
On the adoption of the amendment offered by Senator Land of the 16th, 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 Isakson 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

Those not voting were Senators:

Hooks (excused) Johnson of 2nd

Ray (excused)

Walker (excused)

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

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 224 by adding on line 6 of page 1 after the word and symbol "mortgagor;" and before the word "to" the following:
"to provide that the amount of such tax which is passed to the borrower or mortgagor shall not be considered or treated as a part of any finance charge imposed by the holder in connection with the loan transaction;".

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By striking the underscored comma and language on lines 1 and 2 of page 2 and inserting in lieu thereof the following:
"; provided, however, the holder may pass on the amount of such tax to the borrower or mortgagor but the amount of such tax passed to the borrower or mortgagor shall not rJe considered or treated as part of any finance charge imposed by the holder in connection with the loan transaction".
Senator Turner of the 8th moved that the Senate agree to the House amendment to SB 224.

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 Crotts Day
Dean Edge
Egan Farrow

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

Middleton

Newbill

Oliver

Perdue

Pollard

Ralston

Scott

Slotin

Starr

Stokes

Tanksley

Taylor

Thomas

Thompson

Turner

'

Tysinger

Those not voting were Senators:

Clay Henson

Hooks (excused) Ragan

Ray (excused) Walker (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 224.
The Calendar was resumed.

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.
Senate Sponsor: Senator Edge of the 28th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Broun of 46th

Brown of 26th Burton Cagle

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JOURNAL OF THE SENATE

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

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

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

Those not voting were Senators:

Bowen Henson Hill

Hooks (excused) Ragan

Ray (excused) Walker (excused)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Edge of the 28th gave notice that at the proper time he would move that the Senate reconsider its action in passing HB 610.

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.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

Abernathy 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 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 Turner Tysinger

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1513

Those not voting were Senators:

Black Henson

Hooks (excused) Oliver

Ray (excused) Walker (excused)

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

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.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:
Amend HB 398 by striking lines 7 and 8 of page 2 and inserting "(1) of this subsection;" in their place.
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 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 James 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

Those not voting were Senators:

Black Henson Hooks (excused)

Isakson Johnson of 2nd Ray (excused)

Thompson Walker (excused)

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

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JOURNAL OF THE SENATE

The following bills were taken up to consider House action thereto:
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.
Senator Starr of the 44th moved that the Senate insist on its substitute to HB 399.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 399.
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.
Senator Starr of the 44th moved that the Senate insist on its substitute to HB 246.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 246.
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 5:36 P.M.

TUESDAY, MARCH 14, 1995

1515

Senate Chamber, Atlanta, Georgia Tuesday, March 14, 1995
Thirty-eighth 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.
Senator Egan of the 40th moved that the Senate reconsider its action in passing the following bill of the House:
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.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate recon sidered its action in passing HB 610, and the bill was placed at the bottom of the Rules Calendar.
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 1007. By Representative Powell of the 23rd:
A bill to provide a new charter for the Town of Bowersville.
HB 1008. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to provide for nonpartisan primaries and elec tions for members of the board of education of Pike County.
HB 1010. By Representative Crawford of the 129th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the compensation of the chairman and members of the board of commissioners.
HB 1011. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to change the compensation of the members of such board.

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JOURNAL OF THE SENATE

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.
HB 1016. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.
HB 1017. By Representatives Holland of the 157th and Hanner 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 describe the corporate boundaries of such city.
HB 1018. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
HB 1020. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to change the descriptions of the education districts of the board.
HB 1021. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for defini tions and inclusions of parts of commissioner districts.
HB 1022. By Representative Smith of the 169th:
A bill to amend an Act entitled "An Act to revise and reenact the law creating a Board of Commissioners of Bacon County," so as to change the compensation of the chairperson and members of the board of commissioners.

TUESDAY, MARCH 14, 1995

1517

HB 1023. By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
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.
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."
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.
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.
SB 354. By Senator Harbison of the 15th:
A bill to amend Part 4 of Article 3 of Chapter 3 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.
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.

1518

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.

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.

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.

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th, Isakson of the 21st and Newbill of the 56th:
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.

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.

TUESDAY, MARCH 14, 1995

1519

SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and Tysinger of the 41st:
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.
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
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".
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.
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.
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.
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.

1520

JOURNAL OF THE SENATE

HR 535. By Representative Twiggs of the 8th:
A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.
The House has agreed to the Senate substitutes to the following bills of the House:
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.
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 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 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 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 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.

TUESDAY, MARCH 14, 1995

1521

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

1522

JOURNAL OF THE SENATE

The following bills of the House were read the first time and referred to committee:
HB 1007. By Representative Powell of the 23rd:
A bill to provide a new charter for the Town of Bowersville.
Referred to Committee on State and Local Governmental Operations.
HB 1008. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to provide for nonpartisan primaries and elec tions for members of the board of education of Pike County.
Referred to Committee on State and Local Governmental Operations.
HB 1010. By Representative Crawford of the 129th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 1011. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to change the compensation of the members of such board.
Referred to Committee on State and Local Governmental Operations.
HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.
Referred to Committee on State and Local Governmental Operations.
HB 1016. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.
Referred to Committee on State and Local Governmental Operations.
HB 1017. By Representatives Holland of the 157th and Hanner 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 describe the corporate boundaries of such city.
Referred to Committee on State and Local Governmental Operations.

TUESDAY, MARCH 14, 1995

1523

HB 1018. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
Referred to Committee on State and Local Governmental Operations.
HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
Referred to Committee on State and Local Governmental Operations.
HB 1020. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to change the descriptions of the education districts of the board.
Referred to Committee on State and Local Governmental Operations.
HB 1021. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for defini tions and inclusions of parts of commissioner districts.
Referred to Committee on State and Local Governmental Operations.
HB 1022. By Representative Smith of the 169th:
A bill to amend an Act entitled "An Act to revise and reenact the law creating a Board of Commissioners of Bacon County," so as to change the compensation of the chairperson and members of the board of commissioners.
Referred to Committee on State and Local Governmental Operations.
HB 1023. By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
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 Health and Human Services 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 288. Do pass.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

1524

JOURNAL OF THE SENATE

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

HB 76. Do pass by substitute.

HB 413. Do pass.

HB 155. Do pass by substitute.

HB 415. Do pass by substitute.

HB 222. Do pass.

HB 530. Do pass.

HB 231. Do pass.

HB 598. Do pass.

HB 339. Do pass.

HB 605. Do pass by substitute.

HB 409. Do pass by substitute.

HB 704. Do pass by substitute.

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

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

HR 280. Do pass as amended.

HR 417. 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 House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 780. Do pass.

HB 979. Do pass.

HB 846. Do pass.

HB 983. Do pass.

HB 865. Do pass.

HB 984. Do pass.

HB 897. Do pass.

HB 986. Do pass.

HB 906. Do pass.

HB 994. Do pass.

HB 947. Do pass.

HB 997. Do pass.

HB 948. Do pass.

HB 998. Do pass.

HB 952. Do pass.

SB 477. Do pass.

TUESDAY, MARCH 14, 1995

1525

HB 957. Do pass.

SB 478. 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 and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 308. Do pass.

HB 356. Do pass by substitute.

HB 214. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HR 438. Do pass.

HR 501. Do pass.

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

Mr. President:

The Committee on Transportation 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 609. Do pass as amended.

HB 641. Do pass by substitute.

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

The following bills and resolutions were read the second time:

SR 288 HB 231 HB 530 HB 704

SR 308 HB 339 HB 598 HR 280

HB 76 HB 356 HB 605 HR 417

HB 155 HB 409 HB 609 HR 438

HB 214 HB 413 HB 616 HR 501

HB 222 HB 415 HB 641

Senator Balfour of the 9th moved that Senator Crotts of the 17th be excused in order to attend a House committee meeting.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate.

Senator Ray of the 19th, President Pro Tempore 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 Crotts Day Dean

Edge Egan Farrow Gillis Glanton Griffin

1526

JOURNAL OF THE SENATE

Guhl Harbison Henson Hill Hooks Isakson Johnson of 1st Kemp Land
Langford

Madden Marable McGuire Middleton Oliver Pollard Ragan Scott Slotin

Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Blitch Clay
Gochenour

James Johnson of 2nd Newbill

Perdue 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 Dean of the 31st introduced the chaplain of the day, Dr. Roy Crowe, pastor of New Georgia Baptist Church, Villa Rica, Georgia, who offered scripture reading and prayer.

The following communications were filed with the Secretary:

THE STATE SENATE
Atlanta, Georgia 30334 March 14, 1995

The Honorable Frank Eldridge
Secretary of the Senate 353 State Capitol Atlanta, GA 30334

Dear Frank:
I would appreciate very much you noting in the Journal of the Senate for this date that I missed the morning roll call because I was required to be in the House Rules Committee.
Thank you for your attention to this request. Very truly yours,
/s/ David Ralston

THE STATE SENATE
Atlanta, Georgia 30334 March 14, 1995

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

Dear Mr. Eldridge: I want to apologize for being tardy for roll-call.

TUESDAY, MARCH 14, 1995

1527

As you may know, I have bills and resolutions spread throughout several committees. House Rules Committee convenes at 9:00 a.m., often our start-up time, and while there, I sometimes miss roll-call. It is not my intention to be marked "absent" on any given day.
I appreciate your understanding and consideration of this effort.
Sincerely, /s/ Donzella J. James
The following resolutions were read and adopted:
SR 327. By Senators Perdue of the 18th, Henson of the 55th, Burton of the 5th and others:
A resolution commending former Senator Tom Coleman.
SR 328. By Senator Broun of the 46th:
A resolution recognizing and commending Sunny Nivens McDonald.
SR 329. By Senators Burton of the 5th and Tysinger of the 41st:
A resolution expressing regret at the passing of Mr. Homer A. Cronin.
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 14, 1995
THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 780 Scott, 36th James, 35th Slotin, 39th Abernathy, 38th Day, 48th FULTON COUNTY
An Act to increase the homestead exemption 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 other purposes.
HB 846 Gochenour, 27th UPSON COUNTY
Amend an Act increasing the compensation of the chairperson and board of com missioners of Upson County so as to provide for a range of compensation for the chairperson and members of the board of commissioners of Upson County.
HB 865 Boshears, 6th Blitch, 7th CITY OF WAYCROSS
Amend an Act providing a new charter for the City of Waycross so as to change the corporate limits of said city.

1528

JOURNAL OF THE SENATE

HB 897 Gochenour, 27th CITY OF FORSYTH
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.
HB 906 Gochenour, 27th UPSON COUNTY
Amend an Act creating the board of commissioners of roads and revenues for Upson County, so as to provide for the appointment of a county administrator.
HB 947 Hill, 4th EVANS COUNTY
Amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United State District Court for the Southern District of Georgia.
HB 948 Hill, 4th EVANS COUNTY
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 incorporate provisions of the order of the United States District Court for the Southern Dis trict of Georgia.
HB 952 Day, 48th Newbill, 56th CITY OF DULUTH
Amend an Act providing a new charter for the City of Duluth so as to clarify the corporate limits of said city.
HB 957 Pollard, 24th Griffin, 25th JEFFERSON COUNTY
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 979 Hill, 4th CITY OF STATESBORO
Amend an Act to create a new charter for the City of Statesboro so as to provide for the appointment of certain committees.
HB 983 Brown, 26th TWIGGS COUNTY
Amend an Act creating a board of education of Twiggs County, so as to change the composition of the education districts from which the members of the Board are elected.
HB 984 Gochenour, 27th UPSON COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.

TUESDAY, MARCH 14, 1995

1529

HB 986 Clay, 37th CITY OF KENNESAW
Amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed parcels of land.

HB 994 Dean, 31st HARALSON COUNTY
Amend an Act providing for the election of the members of the Board of Educa tion of Haralson County, so as to change provisions for education districts.

HB 997 E. Johnson, 1st D. Johnson, 2nd CHATHAM COUNTY
Amend an Act providing for the compensation of certain officials in Chatham County so as to change the compensation of certain officials.

HB 998 Hill, 4th BULLOCK COUNTY
An Act creating the State Court of Bulloch County so as to increase the compen sation of the judge and solicitor of such court.

SB 477 E. Johnson, 1st D. Johnson, 2nd CITY OF TYBEE ISLAND
Amend an Act incorporating the City of Tybee Island, so as to change the corpo rate limits of said city.

*SB 478 Thompson, 33rd Clay, 37th Tanksley, 32nd Isakson, 21st COBB COUNTY
Amend an Act providing for the compensation of the judge, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County. (AMENDMENT)

1530

JOURNAL OF THE SENATE

The amendment to the following bill was put upon its adoption: *SB 478:

The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 478 by striking on lines 21 and 22 on page 1 the following:
"$70,301.00 in fiscal year 1995 and $74,662.00 in fiscal year 1996",
and inserting in lieu thereof the following: "$69,480.00".
By striking on lines 26 and 27 on page 1 the following: "$68,819.50 in fiscal year 1995 and $73,159.00 in fiscal year 1996",
and inserting in lieu thereof the following: $69,480.00". On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bills as re
ported, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge 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 Scott Slotin
Starr Stokes Tanksley Taylor Thompson
Turner Tysinger

Those not voting were Senators:

Abernathy Egan
Gochenour

Perdue Ray (presiding)

Thomas Walker

On the passage of all the local bills the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, except SB 478, having received the requisite constitutional majority, were passed.
SB 478, having received the requisite constitutional majority, was passed as amended.

TUESDAY, MARCH 14, 1995

1531

NOTICE OF MOTION TO RECONSIDER:
HB 610 DUI breath test; two sequential breath samples required (S Judy--28th) Baker--70th
SENATE RULES CALENDAR Tuesday, March 14, 1995
THIRTY-EIGHTH LEGISLATIVE DAY
HB 498 Juvenile proceedings; holding facilities for unruly children (Amendment) (Judy--37th) Williams--83rd (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1995.)
HB 167 Landlord; notify prospective tenant; flooding (Amendment) (C Aff--12th) Pelote--149th
HB 253 Certain adoptions; remove limitation on financial assistance (H&HS--10th) Taylor--134th
HB 119 Arrests; notice to accused; commitment hearing (Substitute) (Pub Saf--54th) Twiggs--8th
HB 824 Business opportunity; redefine; include pushcart and kiosk (C Aff--12th) Wat son--139th
HB 128 High school diploma; student preparedness; warranty (Ed--50th) Baker--70th
HB 509 Aggravated assault by parolee or probationer; bond (Substitute) (S Judy--55th) Wall--82nd
HB 111 Elections; withdrawal of candidate at general election (SLGO-G--10th) Ladd-- 59th
HB 680 Distilled spirits; sales by drink on premises; referendum upon resolution (EDT&CA--46th) Stancil--91st
HB 147 Automated teller machines; install at welcome centers (EDT&CA--46th) Powell--23rd
HB 684 Sales tax; exempt certain sales by parent-teacher organizations (Amendments) (F&PU--44th) Trense--44th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1995.)
HB 471 Professional engineers and land surveyors; continuing education (Amendment) (ST&I--41st) Watson--139th
HB 495 Termination of parental rights; time limit on issuance of order (Substitute) (Judy--54th) Poston--3rd
HB 468 Magistrates; minimum compensation; computation (Amendment) (Judy--42nd) Cox--160th
HB 670 Corporations; amend provisions (Substitute) (Judy--42nd) Chambless--163rd

1532

JOURNAL OF THE SENATE

HB 595 Insurers; data processing, etc., equipment; consider as assets (I&L--21st) Towery--30th
HB 563 Limited liability partnerships; provisions (S Judy--40th) Chambless--163rd
HB 137 Employees' Retirement; administer certain judicial systems (Ret--34th) Cummings--27th
HB 435 County and Municipal Probation Advisory Council; provisions (Substitute) (Amendment) (Corr--31st) Dobbs--92nd
HB 176 Juvenile proceedings; venue; amend provisions (Judy--54th) Smith--109th
HB 363 Development authorities; additional powers (SLGO-G--35th) Royal--164th
HB 592 District Attorneys' Retirement; benefits; service over 16 years (Ret--5th) Cummings--27th
HB 436 Corrections; create school district for incarcerated youth (Corr--31st) Dobbs-- 92nd
HB 240 Employment security; temporary help contracting firms (Judy--21st) Buckner--95th
HB 229 Parolees; condition of parole; GED equivalency diploma (Corr--27th) Simpson--101st
HB 669 Health care corporations; delete nonprofit references (Substitute) (Judy--42nd) Chambless--163rd
HB 154 Teacher; redefine; school administrator; define (Substitute) (Ed--4th) Smith-- 175th
HB 116 Firefighters; amend provisions (Pub Saf--45th) Twiggs--8th
HB 490 Vehicle loads; maximum gross weight; point of first delivery (Trans--33rd) Streat--167th
HB 236 Western Judicial Circuit; add judge (Judy--42nd) McBee--88th
HB 124 Peanut; designate as official state crop (Ag--llth) Reaves--178th
HB 39 Motor fuel; transport truck delivery; certain vehicles (Substitute) (Trans--33rd) Royal--164th
HB 765 Health care network; hospital authorities establish (Amendment) (H&HS-- 22nd ) Martin--47th
HB 474 State travel by personal vehicle; reimbursement of expenses (Approp--14th) Stancil--91st
HR 94 "Charles Hardy Parkway"; designate portion of Georgia Highway 120 (Trans-- 33rd) Watts--26th
SR 290 Discretionary Trusts for Disabled Beneficiaries Study Committee--create (Rules--14th)
HB 441 Counties and municipalities; taxes/license fees; grounds for refunds (F&PU-- 44th) Royal--164th

TUESDAY, MARCH 14, 1995

1533

HB 134 Educators; discipline of students; liability (Ed--44th) Walker--141st
HB 552 Riding bicycles on right side of roadway; exceptions (Amendment) (Trans-- 32nd) Teague--58th
HB 419 Excise tax; hotels/motels; expenditure requirements (Amendment) (EDT&CA-- 1st) Smith--174th
HB 174 Littering property or waters; penalty (Nat R--50th) Baker--70th
HB 377 Child Protection Act of 1995 (Substitute) (Judy--37th) Towery--30th
SR 297 Senate Study Committee on Motor Vehicle Title Pawn Loans -- create (Amend ment) (Rules--3rd)
HB 557 Long-term care ombudsman program; amend provisions (Amendment) (YA&E--33rd) Lucas--124th
HB 72 Child support; revise method of calculation (Substitute) (Judy--24th) Randall-- 127th
HB 288 Certain purchases; state of emergency; Emergency Management Agency (SLGO-G--10th) Snow--2nd
HB 70 Uniform rules of the road; pedestrian right-of-way (Amendment) (Trans--55th) Hegstrom--66th
HB 287 North Georgia College; Reserve Officers' Training Corps; tuition (H Ed--25th) Purcell--9th
HB 285 Physicians' assistants; additional duties (H&HS--22nd) Martin--47th
HB 406 Education; Professional Standards Commission; executive secretary (Substi tute) (Ed--56th) Godbee--145th
HR 195 Old Milton Parkway; designate (Trans--21st) Burkhalter--41st
HB 520 Abuse of dead body; define offense (Substitute) (S Judy--40th) White--161st
HB 524 Income tax credit; rural physicians (F&PU--7th) Golden--177th
HB 570 AFDC recipients; Jobs First Program; employers' tax credit (Amendment) (H&HS--55th) Lucas--124th
HB 301 Municipal court judges; residency requirement (Judy--51st) Campbell--42nd
HB 374 Brewpub; licensing provisions (C Aff--55th) Ashe--46th
HR 358 Rabun County; lease property (Substitute) (F&PU--29th) Twiggs--8th
HR 293 Eddie Eagle Gun Safety Program; urge school systems adopt (Ed--52nd) Streat--167th
HB 365 QBE; advanced placement exam fees; private schools (Ed--4th) Skipper--137th
HB 401 Wildlife; feeding or baiting alligators; prohibit (Nat R--20th) Purcell--147th
HB 558 Indigent and elderly; Alzheimer's disease; disclosure of information (Substitute) (H&HS--25th) Sherrill--62nd

1534

JOURNAL OF THE SENATE

HB 516 Tickets; unlawful sales; surcharges on sales (Substitute) (C Aff--18th) Powell-- 23rd
HB 145 Schools; certain students; disciplinary sanctions (Ed--50th) Buckner--95th
HB 581 Judicial sales; legal ads; statutory rates (Judy--42nd) Walker--141st
HR 448 "Walter E. Cox Parkway"; designate (Trans--8th) Bates--179th
HB 342 Controlled substances and dangerous drugs; amend list (H&HS--22nd) Parham--122nd
HB 579 Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions (I&L--29th) Lane--146th
HB 678 Teachers; national certification; salary increase (Ed--50th) Baker--70th
HB 626 Insurance agents, subagents, counselors, and adjusters; licensing services; costs (Substitute) (I&L--26th) Heard--89th
HB 338 Evidence; witness fees and mileage (S Judy--6th) Barnes--33rd
HB 627 Guilty but mentally ill; transfer of plea; county of arrest (Substitute) (S Judy-- 28th) Chambless--163rd
HB 271 Amusement and carnival rides; amend provisions (EDT&CA--41st) Orrock-- 56th
HR 382 "Women's History Month"; designate March, 1995 (Rules--36th) Orrock--56th
HB 389 State-owned marshland; lease authorization (Nat R--3rd) Bordeaux--151st
HB 483 Judges/Probate Courts Retirement Fund; redefine surviving spouse (Ret--10th) Jenkins--110th
HB 484 Judges/Probate Courts Retirement Fund; vesting (Ret--10th) Jenkins--110th
HB 290 Certain crimes against children; pretrial discovery; depositions of (Substitute) (Judy--54th) Poston--3rd
HR 233 Private Lucy Matilda Gauss Bridge; designate (Trans--19th) Streat--167th
HR 276 James Cecil Harper, Jr., Bridge; designate (Trans--19th) Streat--167th
HR 324 Georgia Future Communities Commission; create (Rules--36th) Walker--141st
HR 21 Denmark Groover, Jr., Hospital; designate (SLGO-G--18th) Walker--141st
HB 440 Reapportionment; House of Representatives; Districts 128/139/141 (Reappor-- 7th) Watson--139th Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

TUESDAY, MARCH 14, 1995

1535

The following general bill of the House, having been read the third time and final ac tion suspended on March 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Clay of the 37th.

The amendment to HB 498 offered by Senators Marable of the 52nd and Dean of the 31st on March 13, as it appears in the Journal of March 13, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour 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 James Johnson of 1st Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Farrow Gochenour

Johnson of 2nd Perdue

Ray (presiding) 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.

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

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.
Senate Sponsor: Senator Taylor of the 12th.

The Senate Consumer Affairs Committee offered the following amendment:
Amend HB 167 by striking line 24 of page 1 and inserting in lieu thereof the following:
"living space covered by the lease or attachments thereto to which the tenant or the tenant's resident relative has sole and exclusive use under the written agreement".
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:

Balfour 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 Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Black Blitch

Gochenour Johnson of 2nd Perdue

Ray (presiding) 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.

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1537

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.
Senate Sponsor: Senator Thomas of the 10th.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS MEDICAID AND LOCAL GOVERNMENT AUDITS DIVISION
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 December 19, 1994

The Honorable Maretta M. Taylor State Representative Legislative Office Building, Room 511A Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 253 (LC 19 1850)

Dear Representative Taylor:

This bill would remove the 75 percent limit on the amount of financial assistance which the Department of Human Resources is authorized to provide to families adopting hard-to-place children to cover the cost of boarding such children.
Boarding cost reimbursement is based on the current foster child per diem of $10 per day. A projected case load of 3,764 hard-to-place children in fiscal year 1996 has been used to estimate the fiscal impact. Based on the projected case loads and boarding reimburse ment levels for fiscal year 1996, the total fiscal impact of this bill (including federal portion) would be approximately $3.5 million. The state's portion of the total fiscal impact would be approximately $2.6 million.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis

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Glanton Griffin Guhl Harbison Henson Hill Hooks Isakson James Kemp Land

Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston

Scott Slotin Starr Stokes Tanksley Taylor
Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Gochenour Johnson of 2nd

Johnson of 1st Perdue

Ray (presiding) Walker

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

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. Senate Sponsor: Senator Farrow of the 54th.
The Senate Committee on Public Safety offered the following substitute to HB 119:
A BILL
To be entitled an Act 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 commitment hearing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, is amended by striking in its entirety Code Section 17-4-26, relating to duty to bring persons arrested before judicial officer within 72 hours, and inserting in lieu thereof a new Code Section 17-4-26 to read as follows:
"17-4-26.
Every law enforcement officer arresting under a warrant shall exercise reasonable dili gence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a commit ting judicial officer within 72 hours after arrest. The arresting officer accused shall notify the accused be notified as to when and where the commitment hearing is to be held. An arrested person who is not notified before the hearing of the time and place of the com mitment hearing shall be released."

TUESDAY, MARCH 14, 1995

1539

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 Griffin Guhl Henson Hill
Hooks Isakson 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

Those not voting were Senators:

Abernathy Day Glanton

Gochenour Harbison Johnson of 2nd

Ray (presiding) Walker

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

The President assumed the Chair.

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

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Edge Egan

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JOURNAL OF THE SENATE

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

Those not voting were Senators:

Abernathy Dean

Gochenour Johnson of 2nd

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

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
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 change requirements and procedures relating to appointment of temporary guardians; to provide for bonds of guardians appointed by the probate court; to provide for related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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

TUESDAY, MARCH 14, 1995

1541

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 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 settlement must be submitted to a court for approval, the 'gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is neces sary, 'gross settlement' and 'net settlement' shall not include amounts to be received af ter majority. In determining the present value for purposes of this Code section, the present value of any payments to be received in the future by or on behalf of the minor shall be deemed to be the cost paid by or on behalf of the alleged tortfeasor to purchase any annuity or other financial arrangement; and if the alleged tortfeasor or his or her insurer undertakes to make such future payments without purchasing an annuity or other financial arrangement, the present value shall be deemed to be the value in current dollars as calculated in good faith by the alleged tortfeasor or his or her insurer."

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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.",
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:
"29-4-4.1.
(a)(l) The judge of the probate court of the county in which Ihe pei&mi having actual physical custody of the minor is found resides shall have the power to appoint a tempo rary guardian of the person or property, or both, of the minor when the actual wherea bouts of erne or both of the minui''fc natural guardians are unknown or when the minor

TUESDAY, MARCH 14, 1995

1543

is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardi anship rights, or one or both of the natural guardians tail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.
(2) Provided the requirements in paragraph (1) of this subsection are met, if if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so se lected. 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.
(3) If one or both of the natural guardians of the minor has indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no pref erence. A preference may be indicated by nomination in a notorized relinquishment oT parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later.
(b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardi anship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is un known or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication as piuvided in Code Gectkiii 9-11-4, relating to process once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or 10 days after such notice is first published, whichever is later, the judge of the probate court shall appoint a tempo rary guardian.
(c) Upon subsequent application to the court for guardianship of the miiioi by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship.
(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insur ance coverage for the ward, such temporary guardianship shall be deemed to be a perma nent guardianship."
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 ths person and property of the ward, the court shall require before the issuance of letters of guardianship that the

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JOURNAL OF THE SENATE

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."
SECTIONS.
All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th moved that the Senate disagree to the House substitute to SB 105.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 105.
The Calendar was resumed.
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. Senate Sponsor: Senator Middleton of the 50th.
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 8, 1995
The Honorable John Godbee, Chairman House Education Committee State Capitol Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 128 Substitute (LC 14 6454-ECS)
Dear Chairman Godbee:
This bill would provide for issuance of a warranty to each student receiving a high school diploma affirming the student's preparation. In addition the bill would provide for enrollment in classes offered by any technical and adult education school under certain conditions. Enrollment would be open to persons who have been employed full time in Georgia for at least three months by a Georgia employer and the employer has identified the employee as deficient in the areas of reading, writing, or mathematics and in need of retraining. Enrollment in classes is to be provided at no cost to the student or employer.
The fiscal impact of this bill cannot be determined. No information is available regard ing the number of Georgia high school graduates who are in need of retraining in the areas of reading, writing, or mathematics. In addition, the number of employers who would elect to refer their employees to technical and adult education schools for retraining cannot be

TUESDAY, MARCH 14, 1995

1545

determined. Governments in other states have recently instituted similar warranty pro grams and have reported that there has been limited retraining with minimal fiscal impact.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
Senator Egan of the 40th offered the following amendment:
Amend HB 128 by striking "local school systems" on line 37 page 3 and substituting "the State of Georgia".
On the adoption of the amendment, the yeas were 10, nays 25, and the Egan amend ment was lost.

Senator Glanton of the 34th offered the following amendment to HB 128:
On page 3 line 44 insert after employer "or a student attending a higher education institu tion" and on page 3 line 45 after employer insert "college or university".
On the adoption of the amendment, the yeas were 9, nays 31, and the Glanton 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:

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

Griffin Harbison Henson Hill 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 Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Black Boshears Egan

Glanton Gochenour

Guhl Langford

Those not voting were Senators:

Abernathy Hooks (excused)

Ray (excused) Tanksley

Walker (excused)

On the passage of the bill, the yeas were 44, nays 7. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE

Senator Thomas of the 10th introduced Tom Delaney, commended by SR 317, adopted previously, who addressed the Senate briefly.
The Calendar was resumed.

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.
Senate Sponsor: Senator Henson of the 55th.

The Senate Committee on Special Judiciary offered the following substitute to HB 509:
A BILL
To be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, 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 misdemeanor in volving physical injury or an attempt to commit physical injury or terroristic threats or a felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation unless the judge of the superior court wherein the alleged new offense oc curred determines that the parolee or probationer does not constitute a threat to the com munity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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, is amended by strik ing subparagraph (a) (3) (B) in its entirety and inserting in lieu thereof a new subparagraph (a) (3) (B) to read as follows:
"(B) A parolee or probationer charged with a new felony or misdemeanor involving physi cal injury or tciTufislic Ihreafa an attempt to commit physical injury or terroristic threats or with a felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a judge of the superior court wherein the alleged new offense occurred after a hearing and upon determination of the superior court that the parolee or probationer does not constitute a threat to the community."

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 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

TUESDAY, MARCH 14, 1995

1547

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

Those not voting were Senators:

Hooks (excused)
Johnson of 2nd Perdue

Ray (excused) Slotin

Oliver Pollard Ragan Ralston Scott Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Starr Walker (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 change the conditions under which such orders may be issued; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel under certain conditions; to provide for identifying bracelets and necklaces and their status as such orders; to change the provisions relating to cancellation and revocation of such orders; to limit the duties and liability of certain health care provid ers 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 medical technician, paramedic, or cardiac technician under Chapter 11 of this title."

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JOURNAL OF THE SENATE

SECTION 1.1.
Said chapter is further amended by striking paragraph (7) of said Code Section 31-39-2, relating to definitions, and inserting in its place the following:
"(7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title, or a home health agency licensed pursuant to Article 7 of Chapter 7 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. Siich an Any written order shall be issued in 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 fae-eft'ective upon issuance constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or with draw 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 patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."
SECTION 2.1.
Said chapter is further amended by striking paragraph (3) of subsection (e) of said Code Section 31-39-4 and inserting in its place the following:
"(3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice or a home health agency."
SECTION 2.2.
Said chapter is further amended by striking subsection (b) and (c) of Code Section 31-39-5, relating to cancellation of orders, and inserting in their place the following:
"(b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that attend ing physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physi cian or the physician' s designee shall immediately include such determination in the patient' s chart, cancel the order, and notify the patient, the person who consented to the order, and all hospital health care facility staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the at tending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital health care facility staff responsible for the patient's care of the cancellation."

TUESDAY, MARCH 14, 1995

1549

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 containing the patient' s name, date of the form, printed name of the attending physician, and signed by the attending 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
PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN:______
DATE:________________________________________________' (b) A person who is not a patient in a hospital, nursing home, or licensed hospice and 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 neck lace shall be on an orange background and shall provide the following information in boldface type:
'DO NOT RESUSCITATE
Patient's name:________________________________________
Patient's or authorized person's signature:________________________
Patient's physician's printed name:_______________________________
Patient's physician's signature:_______________________________
Patient's physician's telephone number:_
Date of order not to resuscitate:_____
Any physician, health care professional, or emergency medical technician shall be au thorized to regard such a bracelet or necklace as a legally sufficient order not to resusci tate 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 revoked as provided in this chapter.
(c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) or this Code section may be revoked as provided in Code Section 31-39-6 and may be cancelled as provided in Code Section 31-39-5."
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, a health care professional, or an emergency medical technician.

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JOURNAL OF THE SENATE

(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, a health care professional, or an emergency medical technician.
(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, a health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation."
SECTION 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."

TUESDAY, MARCH 14, 1995

1551

SECTION 6.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 55 by adding "for a person who is not a patient in a hospital, nursing home, or licensed hospice and the order is" immediately following "resus citate" on line 27 of page 3.
By striking line 31 of page 3 and inserting in its place "'DO NOT RESUSCITATE ORDER".
By adding "ATTENDING PHYSICIAN'S TELEPHONE NUMBER: ______" between lines 37 and 38 of page 3.
By adding "ORDER" immediately following "RESUSCITATE" on line 8 of page 4.
By striking lines 10 and 13 of page 4.

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 Crotts Day Dean Edge Egan Farrow
Gillis

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

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

Voting in the negative was Senator Burton.

Those not voting were Senators:

Cheeks Clay Henson

Hooks (excused) Johnson of 2nd Middleton

Ray (excused) Taylor Walker (excused)

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 55, as amended by the Senate.
The Calendar was resumed.

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JOURNAL OF THE SENATE

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.
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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Isakson James Kemp Land Madden Marable McGuire

Newbill Oliver Pollard Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Balfour Blitch Clay Dean Hill

Hooks (excused) Johnson of 2nd Johnson of 1st Langford Middleton

Perdue Ray (excused) Scott Thompson Walker (excused)

On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen

Broun of 46th Brown of 26th Cagle

Cheeks Crotts Dean

TUESDAY, MARCH 14, 1995

1553

Edge Egan Farrow Glanton Griffin Guhl Harbison Henson Isakson

James Kemp Land Madden Marable McGuire Perdue Pollard Ragan

Those voting in the negative were Senators:

Burton

Day

Those not voting were Senators:

Balfour Black Blitch Clay Gillis Gochenour

Hill Hooks (excused) Johnson of 2nd Johnson of 1st Langford Middleton

Ralston Scott Slotin Stokes Tanksley Taylor Thompson Turner Tysinger
Starr
Newbill Oliver Ray (excused) Thomas Walker (excused)

On the passage of the bill, the yeas were 36, nays 3. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Broun of the 46th.

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

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

Those voting in the affirmative were Senators:

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

Glanton Griffin Guhl Harbison
Henson Hill
Isakson 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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Balfour
Egan Gochenour

Hooks (excused) Johnson of 2nd

Ray (excused) Walker (excused)

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

The amendment to HB 684 offered by Senators Walker of the 22nd, Edge of the 28th and Isakson of the 21st on March 8, as it appears in the Journal of March 8, was automati cally reconsidered and put upon its adoption.
Senator Edge of the 28th asked unanimous consent that the amendment be with drawn. The consent was granted.
The amendment to HB 684 offered by Senators Clay of the 37th, Edge of the 28th and Cagle of the 49th on March 8, as it appears in the Journal of March 8, was automatically reconsidered and put upon its adoption.
Senator Edge of the 28th asked unanimous consent that the amendment be with drawn. The consent was granted.
The report of the committee, which was favorable to the passage or the bill, was agreed to.

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 Isakson James Johnson of 1st Kemp Land Langford Madden Marable

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

TUESDAY, MARCH 14, 1995

1555

Those not voting were Senators:

Abernathy Gochenour Hooks (excused)

Johnson of 2nd Ray (excused) Scott

Starr Tanksley Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 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.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Science, Technology and Industry offered the following amendment:
Amend HB 471 by adding on line 21 of page 2 between the word "biennially" and the pe riod, the following:
"for professional engineers and not more than 15 hours biennially for land surveyors".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Black Cagle

Day Glanton

Gochenour Ralston

Those not voting were Senators:

Abernathy Henson Hooks (excused)

Johnson of 2nd Ray (excused)

Scott Walker (excused)

1556

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 43, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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 an applicant for state employment who is offered employment shall submit to an established test for illegal drugs provided the position to be encumbered has been designated by the head of the agency, department, commission, bureau, board, college, university, institution, or author ity as requiring a drug test; to provide that an 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 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 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. Studies have shown a direct correlation between preemployment drug tests and job performance. Applicants with positive test results have been linked to poor work quality, increased absenteeism, higher incidence of on-the-job injuries, and higher rates of disciplinary action, including dismissal from employment. Less than satisfactory performance by potential state employees will have a dramatic impact on the state's budget, and the delivery of services to Georgia citizens. Broad categories of state employees regularly perform such functions as: law enforcement duties which include car rying weapons and utilizing arrest powers; providing health care and treatment services to Georgians without direct access to such services, and those with mental health or mental retardation impairments; administering medications; teaching hearing and vision im paired students and adult and juvenile offenders in state custody; driving cars, trucks, vans, buses, and other types of vehicles on state roads and highways to transport patients, passengers, and equipment; using heavy machinery and equipment; providing social work and counseling services often directly related to substance abuse difficulties; providing fos ter care, adoption, and protective services, often involving at-risk children and the elderly; and countless other occupations with direct public contact. Such duties may also involve drug education, interdiction, and counseling services and be performed in the field with

TUESDAY, MARCH 14, 1995

1557

limited immediate supervision. The inefficient use of state funds deprives Georgians of services which are often not provided by other private employers or public sector entities and organizations. The General Assembly finds that the state should, therefore, make every reasonable effort to promote a drug-free workplace in all offices and worksites of state government and, correspondingly, to work diligently to attract a quality work force which provides essential services without unnecessary expenses associated with less than satis factory performance linked to illegal drug use. The view is consistent with Georgia's "Drugfree Workplace Act," adopted by the General Assembly in 1990, which declares that Georgia's work force must be absolutely free of any person who would knowingly manufac ture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner.
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 a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not sub mitted 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).
(3) 'Illegal drug" means marijuana/cannabinoids (THC), cocaine, amphetamines/ methamphetamines, opiates, or phencyclidine (PCP). 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) 'Job' means a defined set of key responsibilities and performance standards encom passing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together.
(5) '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.
(6) 'Position' means a set of duties and responsibilities assigned or delegated by compe tent authority for performance by one person.
45-20-111.
(a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant con ducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by the effective date of this article. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consis tent with these provisions. Organizations with positions covered under the classified ser vice of the state merit system shall consult with the commissioner of personnel administration before making final determinations and shall provide the commissioner with a list of designated positions and accompanying documentation and analysis.

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JOURNAL OF THE SENATE

(b) An applicant for state employment who is offered employment in a position desig nated by the head of the agency, department, commission, bureau, board, college, univer sity, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established 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 pres ence 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 presence 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 provides ap propriate documentation and the medical review officer determines that it was a legiti mate 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 re view officer as having a positive test result. Any applicant offered employment who re fuses to submit to an established test for 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 administered or of fered, whichever is later. The State Personnel Board shall develop rules for the adminis tration of the test and any verification procedures for positions covered under the state merit system. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise
mandated by other state or federal law."

SECTION 4.

This Act shall become effective July 1, 1995, and shall apply with respect to certain persons entering state employment on or after that date.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Isakson of the 21st moved that the Senate agree to the House substitute to SB 22.

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 Crotts Day Dean Edge Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison
Hill Isakson 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

Those not voting were Senators:

Abernathy Clay

Egan Henson

Hooks (excused) Johnson of 2nd

TUESDAY, MARCH 14, 1995

1559

Ray (excused)

Tysinger

Walker (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 22.
The Calendar was resumed.

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. Senate Sponsor: Senator Farrow of the 54th.
The Senate Committee on Judiciary offered the following substitute to HB 495:
A BILL To be entitled an Act 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 pro ceedings relevant thereto shall be concluded within one year; to provide for exceptions; to provide for 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 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by adding a new Code section at the end thereof to be designated Code Section 15-11-93 to read as follows:
"15-11-93.

All hearings contemplated by this article shall be conducted in an expedient manner. An order of disposition shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 15-11-82, provided that no just cause has been shown for delay. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order."

SECTION 2.

This Act shall become effective on July 1,1995, and shall apply to all petitions for termina tion of parental rights filed on or after that date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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

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JOURNAL OF THE SENATE

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson James

Johnson of 1st Kemp Land Langford Madden Marable McGuire Newbill Oliver Perdue

Those not voting were Senators:

Abernathy Brown of 26th Hooks (excused)
Johnson of 2nd

Middleton Ray (excused) Starr

Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Turner
Thompson Tysinger Walker (excused)

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 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.
Senate Sponsor: Senator Oliver of the 42nd.

Senator Oliver of the 42nd offered the following amendment: Amend HB 468 by striking in its entirety line 7 of page 1 and inserting in lieu thereof the following:
"increases for employees in the classified service; to provide effective dates; to repeal". By striking line 22 of page 1 and inserting in lieu thereof the following:
"subsection effective January 1, 1996, the chief magistrate of each county who". By striking in its entirety line 3 of page 4 and inserting in lieu thereof the following:
"ftXc) Effective January 1, 1996, unless Unless otherwise provided by local law, each". By striking in its entirety line 8 of page 4 and inserting in lieu thereof the following:
"Effective January 1, 1996, all Aft other magistrates shall receive a minimum monthly". By striking in its entirety line 29 of page 4 and inserting in lieu thereof the following:
"effective January 1, 1996, in any county in which more than 70 percent of the". 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

TUESDAY, MARCH 14, 1995

1561

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

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Crotts Hooks (excused)

Ray (excused)

Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner
Walker (excused)

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

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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 670:
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 definition of the term "entity" as used in Chapter 2 of said title; to provide for indemnification of directors; to change the provisions relating to corporate names; to change the provisions relating to the voting entitlement of shares; to provide for quorums of a board of directors; to change the provisions relating to resignation and removal of officers; to change the provisions relating to removal of officers or assistant officers; to change the provisions relating to close corpora tions and the application of the Business Corporation Code and the Professional Corpora tion Act to such close corporations; to change the provisions relating to authority of foreign corporations to transact business; to change the provisions relating to withdrawal of for eign corporations; to change the provisions relating to corporate names of nonprofit corpo rations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraph (9) of Code Section 14-2-140, relating

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to definitions of terms used in the Business Corporation Code, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) 'Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability"company and foreign limited liabil ity company; limited liability partnership and foreign limited liability partnership; and state, United States, and foreign government."
SECTION 2.
Said title is further amended by striking subsection (b) of Code Section 14-2-401, relating to corporate names of business corporations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of a corporation incorporated or authorized to transact busi ness in this state;
(2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-403;
(3) The fictitious name adopted by a foreign corporation authorized to transact busi ness in this state because its real name is unavailable;
(4) The corporate name of a nonprofit corporation incorporated or authorized to trans act business in this state; and
(5) The name of a limited partnership or professional association filed with the Secre tary of Stater; and
(6) The name of a limited liability company formed or authorized to transact business in this state."
SECTION 3.
Said title is further amended by striking subsection (a) of Code Section 14-2-721, relating to voting entitlement of shares, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsections (b) and (c) of this Code section or unless the arti cles of incorporation provide otherwise, each outstanding share (other than shares of pre ferred stock issued or authorized before July 1, 1989), regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting. Only shares are entitled to vote. If articles of incorporation have been restated or amended on or after July 1, 1989, such amendment shall not be deemed to have granted voting rights to holders of preterred shares previously without voting rights unless notice was provided to sharehold ers that such restatement or amendment would cause the holders of preferred shares to have voting rights, and a shareholder vote approved the restatement or amendment."
SECTION 4.
Said title is further amended by striking subsection (a) of Code Section 14-2-824, relating to quorum and voting by a board of directors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Unless this chapter, the articles of incorporation, or bylaws require a greater number or unless otherwise specifically provided in this chapter, a quorum of a board of directors consists of:
(1) A majority of the fixed number of directors if the corporation has a fixed board size; or

TUESDAY, MARCH 14, 1995

1563

(2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a varia ble-range size board."
SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 14-2-843, relating to resignation and removal of officers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A board of directors may remove any officer at any time with or without cause. Un less the bylaws provide otherwise, any officer or assistant officer appointed by an author ized officer pursuant to subsection (b) of Code Section 14-2-840 may be removed at any time with or without cause by any officer having authority to appoint such officer or assistant officer?'
SECTION 6.
Said title is further amended by striking subsection (b) of Code Section 14-2-901, relating to application of the Business Corporation Code and the Professional Corporation Act to close corporations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) This article applies to a professional corporation organized under Chapter 7 of this title, known as the 'Georgia Professional Corporation Act,' whose articles of incorpora tion contain the statement required by Code Section 14-7-3, except insofar as the 'Georgia Professional Corporation Act' contains inconsistent provisions, if such profes sional corporation's articles of incorporation also contain the statement required by subsection (a) of Code Section 14-2-9027'
SECTION 7.
Said title is further amended by striking subsection (b) of Code Section 14-2-1501, relating to authority of a foreign corporation to transact business in this state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section:
(1) Maintaining or defending any action or any administrative or arbitration proceed ing or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custo dian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities;
(5) Effecting sales through independent contractors;
(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation;
(7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same;

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(8) Securing or collecting debts or enforcing any rights in property securing the same;
(9) Owning, without more, real or personal property;
(10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature;
(11) Effecting transactions in interstate or foreign commerce;
(12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capac ity, where permitted so to serve by the laws of this state; or
V lu) Owniiij^ ciiiu uuiitiuliiilg a. auuaiuiiil'^ cui'pui'iiliuii nii;ulpui'iLcu ill ui' ti anSHCling
business wiluin this state, or Owning (directly or indirectly) an interest in or control ling (directly or indirectly) another person organized under the laws of, or transacting business within, this state.
v i*l/ ACtlH 3.S 3. 6H&t*3.i p&iTtilci' 01 1 lirtllt&u p&i'tii^rSOijJ 01^JcnllZ&Q tliltlci ClliS trtrc Oi" C[U.lllTlGQ tG u.0 DUS1H6SS Wltlllll CliiS StciLc a.S 3. IGlt-tgJil iiillitGCl pSltiltSrSfup.
SECTION 8.
Said title is further amended by striking subsection (a) of Code Section 14-2-1520, relating to withdrawal of a foreign corporation, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with arid into a domestic corporation pursuant to Code Section 14-2-1107 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State."
SECTION 9.
Said title is further amended by striking subsection (b) of Code Section 14-3-401, relating to corporate name of a nonprofit corporation, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of an incorporated organization, whether for profit or not for profit, incorporated or authorized to transact business in this state;
(2) A corporate name reserved or registered under this chapter or Chapter 2 of this title;
(3) The fictitious name adopted by a foreign corporation authorized to transact busi ness in this state because its real name is unavailable; and
(4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under Chapter 9 of this title:; and
(5) The name of a limited liability company formed or authorized to transact business in this state."
SECTION 10.
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.

TUESDAY, MARCH 14, 1995

1565

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

Those not voting were Senators:

Hooks (excused) Middleton

Ray (excused)

Walker (excused)

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

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

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 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 Scott Slotin Starr Stokes

Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Gochenour Hooks (excused)

Ray (excused) Thomas

Walker (excused)

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

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

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

Those not voting were Senators:

Abernathy Hooks (excused)

Land Ray (excused)

Scott Walker (excused)

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

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

TUESDAY, MARCH 14, 1995

1567

Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retirement System.
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 December 15, 1994

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

SUBJECT: State Auditor's Certification House Bill 137 (LC 21 2925) Employees' Retirement System Superior Court Judges Retirement Fund District Attorneys' Retirement System

Dear Chairman Cummings:

This bill would provide that the Employees' Retirement System shall administer the Superior Court Judges Retirement Fund, the Superior Court Judges Retirement System, the District Attorneys' Retirement Fund, and the District Attorneys' Retirement System.
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:

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy
Broun of 46th Hill

Hooks (excused)
Perdue Ragan

Ray (excused) Walker (excused)

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

HB 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.
Senate Sponsor: Senator Dean of the 31st.

The Senate Committee on Corrections, Correctional Institutions and Property offered the following substitute to HB 435:
A BILL
To be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relative to the 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 four members and provide for the powers and duties of the County and Municipal Probation Advisory Council; to establish uniform professional standards for private probation officers; to establish uniform contract standards for private probation contracts; to authorize the council to review these standards and issue a report on its findings to the General Assembly; to provide for applicability with respect to intergovernmental contracts; to pro hibit certain activities by private probation officers; to declare certain records of contracting corporations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; 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 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
42-8-100.
(a)(l) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into memoranda of agreement ui other written documents evidencing contracts with corporations, enterprises, or agenciesror-to establish a comity probation system, to provide general probation supervision, counsel ing, and collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by opera tion of law are to be paid by the defendant in consequence of the conviction, cuuiiheliiig, and other probation services for persons convicted of a misdemeanor in that court and

TUESDAY, MARCH 14, 1995

1569

placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence.
(2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county.
(b)(l) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written con tracts with private corporations, enterprises, or agencies to provide general probation supervision, counseling, collection services tor all moneys to be paid by a defendant ac cording to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation?
(2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation sys tem to provide general probation supervision, counseling, collection services for all mon eys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation?
42-8-101.
(a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by The Council of Municipal Court Judges, one sheriff designated by the Georgia Sheriffs' Association, one probate court judge designated by The Council of Probate Court Judges of Georgia, one chief magis trate designated by the Council of Magistrate Court Judges, the commissioner of correc tions or his or her designee, one representative of the Georgia Probation Association designated by the executive committee of the Georgia Probation Association, one repre sentative of the Georgia Private Probation Association designated by its board of direc tors, one mayor or member of a municipal governing authority designated by the Georgia Municipal Association, and one county commissioner designated by the Association County Commissioners of Georgia. With the exceptions of the representative of the Georgia Probation Association, the designee of the Association County Commissioners of Georgia, the designee of the Georgia Sheriffs' Association, the designee of the Georgia Municipal Association, and the commissioner of corrections, each designee or representa tive shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services and the conduct of business by private entities providing probation services as authorized by this article.

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JOURNAL OF THE SENATE

(b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same com ponent (law enforcement, courts, corrections) of the criminal justice system;
(2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairper son or at the written request of three of its members;
(3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and
(4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its busi ness and duties?
(c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs-while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.
(d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come from funds appropriated to or otherwise available to the council. The council is author ized to accept and use grants of funds for the purpose of carrying out the provisions of this article?
(e) The council shall have the following powers and duties:
(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control;
(2) To review the uniform professional standards for private probation officers and uni form contract standards for private probation contracts established in Code Section 428-102 and submit a report with its recommendations to the General Assembly;
(3) To promulgate rules and regulations establishing a 40 hour orientation for newly Ered private probation officers and for 20 hours per annum of continuing education for private probation officers;
(4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and tines and the voiding of contracts;
(5) To promulgate rules and regulations establishing registration for any private corpo ration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; an5
(6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts.
(f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 15557
42-8-102.
\St) 1.11& ~jtlu6~OI tlifi iliUiiiCip3.1 COU.lv 01 &iiy ililHllCipcl.ilty Ol1 UilillGfl. OVcl iliiicilt 01 a. IHU~
iiiCipdiity ciiici couiity orpins stsct^j w^it.i'i Lilt!; <ipprov<ii oi Li.iG ov^rn.iii^ oiitiionty 01 tnat

TUESDAY, MARCH 14, 1995

1571

municipality ui1 unified government, is authorized tu entei into an agieemeiit with a pii-
tiliii^J, &ilu Otllcl pi'ODfltiOil SG-i'ViC^S lui1 ptil'SGilS COiiViCLtiCt COU.1L ciiifl plctCfiQ Oil J)l ODlt/iOil.
iliCipS-lit^ ciilti COUilVy^ OI LlllS StcitG, Witil tiliS SpjJi'OVcil OitllC ^OVd'iiiil^ <mtll.Oi ity OI ullclt)
vide general probation supervision, 'fine collection services, cuuiiheling, and other piuba-
(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council.
(b) The uniform contract standards contained in this Code section shall apply to all pri vate probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum"
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision;
(2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section;
(3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council;
(4) Policies and procedures for the training of staff;
(5) Bonding of staff and liability insurance coverage;
(6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders^
(7) Procedures for handling the collection of all court ordered fines, fees, and restitution;
(8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay;
(9) Circumstances under which revocation of an offender's probation may be recommended;
(10) Reporting and record-keeping requirements; and
(11) Default and contract termination procedures.
(c) The County and Municipal Probation Advisory Council shall review the uniform pro fessional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be con sidered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be inter preted to prevent the council from making recommendations to the General Assembly prior to its required review and report. 42-8-103.
(a) Any private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article shall provide to the judge with whom the

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JOURNAL OF THE SENATE

contract was made and the County and Municipal Probation Advisory Council a quar terly report summarizing the number of offenders supervised by the private corporaSon, enterprise, or agency; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination.
(b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the re quest of the attected county, municipality, consolidated government, or court or the Department of Audits and Account!?
42-8-104.
(a) No private corporation, enterprise, or agency contracting to provide probation serv ices under the provisions of this article nor any employees of such entities shall engage In any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article?
(b) No private corporation, enterprise, or agency contracting to provide probation serv ices under the provisions of this article nor its employees shall have personal or busi ness dealings, including the lending of money, with probationers under their supervision.
42-8-105.
The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services.
42-8-106.
(a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the aft'ected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts.
(b) In the event of a transfer of the supervision of a probationer from a private corpora tion, enterprise, or agency to the Department of Corrections, the Department of Correc tions shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, ancTpapers of whatever kind rela tive to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena.
42-8-107.
(a) All private corporations, enterprises and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone number^ and the name of its agent for communication with the County and Municipal Probation Advisory Council. No registration fee shall be required.
(b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who fails or refuses to do so shall be subject to revoca tion of any existing contracts, in addition to any other tines or sanctions imposed by the County and Municipal Probation Advisory Council."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, MARCH 14, 1995

1573

SECTION 3.

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

Senator Dean of the 31st offered the following amendment:
Amend the Senate Committee on Corrections, Correctional Institutions, and Property sub stitute to HB 435 by striking in their entirety lines 12 through 35 on page 3 and inserting in lieu thereof the following:
"court judge appointed by the Governor, one sheriff designated appointed by the Georgia kjlieiitl's' Association Governor, one probate court judge designated by the Council of Pro bate Court Judges of Georgia, one chief magistrate designated by the Council of Magis trate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner designated appointed by the Association County CummissIonei'S of Georgia Governor. Members of the councirappointed by the Governor shall be appointed for terms of office~of four years . With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a munici pal governing authority, and the commissioner of corrections, each designee or represen tative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time"!

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 Brown of 26th
Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan 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 Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Bowen Broun of 46th

Farrow Hooks (excused) Johnson of 2nd Ray (excused)

Scott Thomas Walker (excused)

On the adoption of the amendment, the yeas were 45, nays 0, and the Dean amend ment to the committee substitute was adopted.

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Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th offered the following amendment:
Amend the committee substitute to HB 435 by striking line 2 of page 1 and inserting in lieu thereof the following:
"Georgia Annotated, relating to probation, so as to provide that community service shall be a condition of probation in all cases involving felonies or misdemeanors; to provide that community service may be considered as a condition of probation in other cases; to provide for sentencing judges to confer with certain parties to determine an appropriate community service program; to provide for the number of hours of community service to be required for various types of offenses; to provide for related matters; to provide for the phased-in implementation of certain provisions of this Act over a period of time; to pro vide for phased-in application prior to a mandatory effective date; to provide for guide lines to be developed by the Judicial Council with the approval of the Supreme Court; to change".
By striking lines 18 and 19 of page 1 and inserting in lieu thereof the following:
"rules, and regulations of such council; to provide for effective dates and applicability; to repeal conflicting laws; and for other".
By redesignating existing Section 1 as Section 2 and inserting a new Section 1 to read as follows:
"SECTION 1.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking subsections (a) and (b) of Code Section 42-8-72, relating to community service, and inserting in their place new subsections to read as follows:
'(a) Community service may shall be considered as a condition of probation in all cases involving felonies or misdemeanors and may be considered as a condition of probation in otHer cases, wrth-piimai'y consideration given to the following categories uf ulfeinlui b:
ffl^iaffic violations,
(2) Oidinaiice violations,
\o/ PvOHiiijlii"iOUS Ot7 IKWlQGStrUCtlVti , liOllViOIGilt UliSClGIlleililui'S,
\') JNGlliilJU.i*!.GU:S Oi* ilOHQGStriiCtVVGj UGlYViOlGilt ifiluincS, tiilx!
(5) Other offenders considered upon the discretion of the judge.
(b) The judge may shall confer with the prosecutor, defense attorney, probation supervi sor, community service officer, or other interested persons to determine if the appropriate community service program Is appropriate for an offender. In cases involving traffic or ordinance violations, if if community service is ordered as a condition of probation, the court shall order: (1) Not not less than 20 hours nor more than 250 hours in cases involv ing traffic or ordinance 'violations or misdemeanors, said service to be completed within one yearror. The court shall order not less than 40 hours nor more than 250 hours in cases involving misdemeanors, said service to be completed within one year. (2} The court shall order not Not less than 26 120 hours nor more than 500 hours in felony cases, said service to be completed within three years.'"
By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"Said chapter is further amended by striking in".
By striking all matter on lines 12 through 17 of page 9 and inserting in place thereof the following:
"SECTION 3.
The provisions of Section 1 of this Act may be applied on and after July 1, 1996, to offenses committed on or after that date. The determination with respect to application of this Act during the period beginning July 1, 1996, and ending June 30, 1999, shall be according to

TUESDAY, MARCH 14, 1995

1575

guidelines which shall be developed by the Judicial Council after consultation with the Office of Planning and Budget and with the approval of the Supreme Court. Such guide lines shall:
(1) Provide for the phased-in implementation of this Act over the period July 1, 1996, to July 1, 1999;
(2) Reflect the levels of fiscal resources available for implementation of this Act; and
(3) Provide for equal protection of the law to offenders and classes of offenders to whom this Act is to be applied during the period of phased-in implementation.

SECTION 4.

The provisions of Section 1 of this Act shall become effective for all purposes on July 1, 1999, and shall then have mandatory application with respect to offenses committed on, after, or prior to that effective date.

SECTION 5.

Except as otherwise provided in Sections 3 and 4, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed."
Senators Johnson of the 1st and Edge of the 28th offered the following amendment:
Amend the Taylor et al. amendment to the committee substitute to HB 435 by adding para graph (c) to page 2 on line 23.
"(c) No community service which would expose the general public to the person on proba tion shall be permitted for sex offenders or those considered to be dangerous by the judge or prosecutor."
On the adoption of the amendment, the yeas were 38, nays 0, and the Johnson and Edge amendment to the Taylor amendment was adopted.
Senator Clay of the 37th offered the following amendment:
Amend the Taylor et al. amendment to the committee substitute to HB 435 as follows:
after the word "misdemeanors" on line 35 of page 1, add the words "where incarceration is not a part of the sentence", and adding the word "all" after the word "in" on line 36 of page 1.
On the adoption of the amendment, the yeas were 33, nays 0, and the Clay amendment to the Taylor amendment was adopted.
Senator Land of the 16th offered the following amendment:
Amend the Taylor et al. amendment to the committee substitute to HB 435 by adding on line 8 of page 3 after "date." the following:
"No local funds shall be used to implement Sections 1 and 2 of this Act without the con sent of the local governing authority."
On the adoption of the amendment, the yeas were 36, nays 0, and the Land amend ment to the Taylor et al. amendment was adopted.
On the adoption of the Taylor et al. amendment, the yeas were 33, nays 15, and the Taylor et al. amendment to the committee substitute was adopted as amended.

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:

Black Boshears

Bowen Broun of 46th

Brown of 26th Cheeks

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JOURNAL OF THE SENATE

Clay Dean Gillis Guhl Harbison Henson Hill
James

Kemp Land
Langford Madden
Marable Middleton Perdue

Ragan Slotin
Starr Taylor
Thomas Thompson Turner

Those voting in the negative were Senators:

Abernathy Balfour Burton Cagle Crotts Day Edge
Egan

Farrow Glanton Gochenour Griffin Isakson Johnson of 1st McGuire
Newbill

Oliver Pollard Ralston Scott Stokes Tanksley Tysinger

Those not voting were Senators:

Blitch Hooks (excused)

Johnson of 2nd Ray (excused)

Walker (excused)

On the adoption of the substitute, the yeas were 28, nays 23, and the committee substi tute was adopted as amended.
Senator Edge of the 28th moved that HB 435 be placed on the Table.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Burton Cagle Clay Crotts
Day

Edge Egan
Glanton Gochenour Isakson Johnson of 2nd
Johnson of 1st

McGuire Newbill
Oliver Ralston Scott Tanksley
Tysinger

Those voting in the negative were Senators:

Blitch Boshears Bowen
Broun of 46th Brown of 26th Cheeks Dean Farrow Gillis Griffin
Guhl

Harbison Henson Hill
James Kemp Land Langford Madden Marable Middleton

Perdue Pollard Ragan
Slotin Starr Stokes Taylor Thomas Thompson Turner

Those not voting were Senators:

Hooks (excused)

Ray (excused)

Walker (excused)

On the motion, the yeas were 22, nays 31, and the motion to Table was lost.

TUESDAY, MARCH 14, 1995

1577

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

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

Middleton Perdue
Pollard Ragan Scott
Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Black Burton Edge

Egan Glanton Gochenour McGuire

Newbill Ralston Tysinger

Those not voting were Senators:

Hooks (excused) Oliver

Ray (excused)

Walker (excused)

On the passage of the bill, the yeas were 41, nays 11. The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

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

HB 1002. By Representative Coleman of the 142nd: A bill to create the Heart of Georgia Regional Airport Authority.

HB 1029. By Representative Twiggs of the 8th:
A bill to amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property; to provide for new corporate limits.

HB 1031. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst so as to provide for a change of duties, work hours, and compensation of the mayor of said city.

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JOURNAL OF THE SENATE

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.
The following bills of the House were read the first time and referred to committee:
HB 1002. By Representative Coleman of the 142nd:
A bill to create the Heart of Georgia Regional Airport Authority.
Referred to Committee on State and Local Governmental Operations.
HB 1029. By Representative Twiggs of the 8th:
A bill to amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property; to provide for new corporate limits.
Referred to Committee on State and Local Governmental Operations.
HB 1031. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide for a change of duties, work hours, and compensation of the mayor of said city.
Referred to Committee on State and Local Governmental Operations. The President announced that the Senate would stand in recess from 1:00 P.M. until 1:30 P.M. The President called the Senate to order at 1:30 P.M. The Calendar was resumed.
HB 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. Senate Sponsor: Senator Farrow of the 54th.
Senator Clay of the 37th offered the following amendment: Amend HB 176 by adding at line 20, page 2, a new subsection (b) to read as follows:
"(b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicat ing court shall may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. Prior to making any order for disposition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adju dicating court in making its order for disposition."

TUESDAY, MARCH 14, 1995

1579

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:

Balfour Black Boshears Bowen Brown of 26th Burton Cagle Clay Crotts Dean Edge Egan Farrow Gillis Gochenour

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

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

Those not voting were Senators:

Abernathy Blitch Broun of 46th Cheeks

Day Glanton Hill Hooks (excused)

Isakson Perdue Ray (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, 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 pro vide that certain admissions and communications between an attorney employed by a state agency and employees of such agency shall be excluded; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

1580

JOURNAL OP THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, 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 conduct 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 child, 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.
Said title is further amended by striking in its entirety Code Section 24-9-21, relating to the confidentiality of certain communications, and inserting in lieu thereof the following:
"24-9-21.
(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. (b) Without limiting the scope of paragraph (2) of subsection (a) of this Code section, admissions and communications between an individual who is a member of the State Bar oTGeorgia who is employed by a state agency and employees of such agency in the course oTproviding legal services to such agency are excluded on the grounds of public policy to the same extent as communications between the Attorney General and employees of state agencies are excluded."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed. Senator Farrow of the 54th moved that the Senate disagree to the House substitute. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate dis
agreed to the House substitute to SB 124.
The following bill was taken up to consider House action thereto:
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

TUESDAY, MARCH 14, 1995

1581

provide for an addendum to a premium finance agreement to be mailed or deliv ered to the insured.
Senator Ray of the 19th moved that the Senate insist on its amendment to HB 375.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 375.
The Calendar was resumed.

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.
Senate Sponsor: Senator James of the 35th.

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Hill 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

Those not voting were Senators:

Abernathy Blitch Cheeks

Day Henson Hooks (excused)

Ray (excused) Starr Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Gillis of the 20th assumed the Chair.

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.
Senate Sponsor: Senator Burton of the 5th.

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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 30034-8400 January 30, 1995

The Honorable Bill Cummings, Chairman State Representative State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 592 (LC 21 3139) District Attorneys' Retirement System
Dear Chairman Cummings:

This bill would change the basis of calculating certain members' retirement benefits. This bill also removes a conflicting law for a member with more than 16 years of service that would only allow such member to receive retirement benefits based on a maximum of 16 years of service.

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

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

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 Clay Crotts Dean Edge Egan Farrow
Glanton

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Cheeks Day Gillis (presiding)

Hooks (excused) Johnson of 1st Perdue Ray (excused)

Starr Stokes Taylor Walker (excused)

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

TUESDAY, MARCH 14, 1995

1583

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 29, nays 2; the motion prevailed, and Senator Cheeks of the 23rd was excused from the Senate.

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.
Senate Sponsor: Senator Dean of the 31st.

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

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

Those voting in the affirmative were Senators:

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

Farrow Gochenour Griffin Guhl Harbison Hill Isakson Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cheeks (excused) Gillis (presiding) Glanton Henson

Hooks (excused) James Perdue Ray (excused)

Starr Tanksley Thomas Walker (excused)

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

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Isakson of the 21st.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th Cheeks (excused) Gillis (presiding) Hill

Hooks (excused) James Perdue Ragan

Ray (excused) Scott Starr Walker (excused)

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Gochenour of the 27th.
Senator Clay of the 37th offered the following amendment:
Amend HB 229 by striking in their entirety lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, 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 whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully com pleted an Alcohol or Drug Use Risk Reduction Program; to provide that certain parolees".
By inserting following line 12 of page 1 the following:
"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

TUESDAY, MARCH 14, 1995

1585

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 an Alcohol or Drug Use Risk Reduction Program. The program shall be made available to every person sentenced to the custody of the state whose criminal offense or history indicates alcohol or drug involvement; 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 those deemed men tally incompetent.'
SECTION 2."
By striking lines 13 through 15 of page 1 and inserting in lieu thereof the following: "Said title is further amended by striking Code Section 42-9-44, relating to terms and con ditions of parole, in its". By inserting following line 27 of page 2 the following:
"SECTION 3.
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 whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully completed an Alco hol or Drug Use Risk Reduction Program offered by the Department of Corrections.'"
By renumbering Section 2 as Section 4. On the adoption of the amendment, the yeas were 37, nays 0, and the Clay amendment
was adopted.
Pursuant to Senate Rule 143, action on HB 229 was suspended and the bill was placed on the Senate General Calendar.
The President resumed the Chair.
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 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.
The Speaker has appointed on the part of the House, Representatives Smith of the 109th, Lawrence of the 64th, and Heard of the 89th.
The Calendar was resumed.
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

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JOURNAL OF THE SENATE

corporations organized under Chapter 2 of Title 14, the "Georgia Business Cor poration Code". Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 669:
A BILL
To be entitled an Act to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to revise extensively provisions relative to health care corporations; to permit health care plans to be operated by surviving corporations or ganized under Chapter 2 of Title 14, the "Georgia Business Corporation Code"; to revise and provide definitions; to revise provisions relative to the formation of health care corpo rations; to provide for the applicability of Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," or Chapter 2 of Title 14, the "Georgia Business Corporation Code"; to except surviving corporations from requirements relative to the approval by the Commis sioner of contracts, plans of operation, and rates; to delete the tax exemption relative to health care corporations; to prohibit the payment or distribution of certain funds or fees as part of a plan of conversion of a nonprofit health care corporation to a for profit health care corporation; to provide requirements with respect to a health care corporation issuing shares in an initial public offering; to provide for the payment of fees, taxes, and assess ments; to provide for the applicability of Title 33 to health care corporations; to provide requirements relative to the distribution of surplus funds of health care corporations; to provide for the conversion of a nonprofit health care corporation to a for profit health care corporation by merger or amendment of articles and procedures and requirements relative thereto; to provide for the authority of the Commissioner of Insurance and the Attorney General; to eliminate references to the nonprofit status of health care corporations; to pro vide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1.1.
Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, is amended by striking paragraph (2) of Code Section 33-20-3, relating to definitions used in said chapter, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Health care corporation" means a nonprofit corporation established in accordance with the provisions of this chapter to administer one or more health care plans."
SECTION 1.2.
Said chapter is further amended by adding to said Code section a new paragraph to be designated paragraph (12) to read as follows:
"(12) 'Surviving corporation' means a health care corporation which is:
(A) The surviving corporation in a merger which includes one or more health care corporations;
(B) A health care corporation which has amended its articles of incorporation to be come a corporation governed by Chapter 2 of Title 14, the 'Georgia Business Corpora tion Code'; or
(C) The subsidiary of a corporation described in subparagraph (A) or (B) of this paragraph."

TUESDAY, MARCH 14, 1995

1587

SECTION 1.3.
Said chapter is further amended by striking in its entirety Code Section 33-20-4, relating to authorization of formation of health care corporations generally, and inserting in its place a new Code Section 33-20~4 to read as follows:
"33-20-4.
Health care corporations may be incorporated for the purpose of establishing, maintain ing, and operating one or more nonprofit health care plans, providing administrative or other services to employers or others that offer plans furnishing or reimbursing for health care services, including without limitation establishing, administrating, promot ing, and developing programs requested, desired, or sponsored by employers or other groups, and for the other purposes authorized by this chapter."
SECTION 1.4.
Said chapter is further amended by striking Code Section 33-20-5, relating to the proce dure for formation of health care corporations and the regulation and supervision of corpo rations by the Commissioner generally, and inserting a new Code Section 33-20-5 to read as follows:
"33-20-5.
(a) Any five or more persons, all of whom shall be residents of this state, upon filing a petition with the Secretary of State for a corporate charter as provided in Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' which or, if the resulting health care corporation is to be a surviving corporation, Chapter 2 of Title 14, the 'Georgia Business Corporation Code.' Such petition shall also contain the information required by Chapter 14 of this title, may form a health care corporation under and in conformity with this chapter for the purpose of establishing, maintaining, and operating one or more volun tary nonprofit health care plans, whereby health care services are or may be provided at the expense of the corporation. Other benefits including complete employee welfare and employee benefit programs may be added from time to time as the corporation may deter mine with the approval of the Commissioner.
(b) A health care corporation shall be subject to regulation and supervision by the Com missioner in the same manner as life insurers are subject to such regulation and supervi sion and shall be governed by the nonpiuflt corporation laws of this state."
SECTION 1.5.
Said chapter is further amended by striking subsection (a) of Code Section 33-20-8, relat ing to certificates of authority and their requirements and applications therefor, and in serting in its place a new subsection (a) to read as follows:
"(a) Except for corporations becoming subject to this chapter liy leason of being the which
CGHSOlluttiGil OI L llOSpltcll. S6rVlC6 COl'jjOl'iiLiOii
01'JcHilZ.Gu. lUlud1 vJll3.jyter .Li? OI LlliS LlHc iiilU ct llittCllCcLl S6i'ViC C01TpOTeltlOU 0r^JELQlZeu
uiidei Chapter 18 of this title corporations, a health care corporation may issue contracts only after the Commissioner has authorized it to do so."
SECTION 1.6.
Said chapter is further amended by striking subsection (a) of Code Section 33-20-13, relat ing to management of corporations, their general powers, requirements as to reserves, min imum subscriber's surpluses, and charges, and inserting in its place a new subsection (a) to read as follows:
"(a) Health care corporations shall be governed and conducted as nonprofit organizations corporations and the necessary expenses of administering the affairs of the corporations shaft may be paid from the payments collected from subscribers."

1588

JOURNAL OF THE SENATE

SECTION 1.7.
Said chapter is further amended by striking in its entirety Code Section 33-20-20, relating to the submission to the Commissioner of operating plans, schedules or rates, and amounts of service and their approval by the Commissioner, and inserting in its place a new Code Section 33-20-20 to read as follows:
"33-20-20.
Except for corporations becoming subject to this chapter by reason of being (lie which are surviving corporation iii a mei'gei 01 consolidation uf a hospital t>ei vice corporation ar=
^iiiiiZcu. UiiCltir vJllapLcl J.9 01 tlllS LiU.& clllCl Si lli^uiCcil S61'VlCti C01 ^OreLLjLGii Ol'^&lUZ&u Uildci1
Chaptei 18 of this title corporations, health care corporations shall before accepting ap plications from subscribers in a nonprofit health care plan submit to the Commissioner a plan of operating and overhead expenses, operation cost, and salaries paid or to be paid during any current year together with a schedule of its rates to be charged and the amount of health care service contracted to be rendered, which plan, rates, and amount of service shall be first approved by the Commissioner as fair and reasonable before the corporation shall engage in business."
SECTION 1.8.
Said chapter is further amended by striking in its entirety Code Section 33-20-21, relating to the approval of the Commissioner of rates to be paid to providers of services, and in serting in its place a new Code Section 33-20-21 to read as follows:
"33-20-21.
Except for corporations becoming subject to this chapter by reason of being the which are
ll Si ill^r^Jci1 01' COIiSOlluciL
J.y 01 tnis titi&stici s. m^u Chapter 18 of this title corporations, the Commissioner shall first approve the rates of payment to be made by health care corporations to providers of health care services on behalf of said corporation, its subscribers, beneficiaries, and covered dependents as being fair and reasonable before said corporation shall engage in business."
SECTION 1.9.
Said chapter is further amended by striking Code Section 33-20-25, relating to tax exempt status and payment of certain expenses, and inserting in its place a new Code Section 3320-25 to read as follows:
"33-20-25.
\tt/ JJJVci'j' iicilltl~i Cclic COi~^jOi~&LiOii jS ucdkl u Lu UG a elicitil/aulc anil OcilcVulciiL niSljlljULiOil
6ilCl~i Cll&l'iLclDie Lllu IjcucvOlcUlt uiSLiLiiLiOilS &i'<^ iiOW O!~ may lici'calLci DC cAciil^jt li'Gi}!
taxes.
(b) Any and all supervision, conservation, rehabilitation, liquidation, or examination of the affairs of any corporation by the Commissioner shall be at the expense of the corporation."
SECTION 1.10.
Said chapter is further amended by striking in its entirety Code Section 33-20-31, relating to the applicability and construction of said chapter, and inserting in its place a new Code Section 33-20-31 to read as follows:
"33-20-31.
Except for corporations subject to this chapter which are surviving corporations, this This chapter shall not apply to nor govern any corporation which is organized for profit or which contemplates any pecuniary gain to its shareholders or members. This chapter
SllclII llOt cLUtllOl ici ilOi1 OG COHSti'USCt tO HULliOflZfe, Qil'SCCiy OiT iiluifSCtiy, tlVy COi pOl aCiOli

TUESDAY, MARCH 14, 1995

1589

lo operate a health care plan uii a profit basis. A corporation subject to this chapter may organize subsidiary or affiliated corporations to engage in allied business ventures in accordance with Chapters 13 and 14 of this title."
SECTION 1.11.
Said chapter is further amended by striking in its entirety Code Section 33-20-32, relating to the application of other provisions of the Code to health care corporations and other powers, and inserting in its place a new Code Section 33-20-32 to read as follows:
"33-20-32.
Except where the context otherwise requires, aft the applicable provisions of Chapter 0 of Title 14, the 'Gemgia Nonpiofit Corporation Code/ shall fae~applicable lu any govern a health care corporation. A health care corporation shall not be considered to be a corpo ration described in paragraph (2) of subsection (a) of Code Section 14-3-1302. All of the provisions of this title which are not in conflict with this chapter shall be applicable to any health care corporation subject to such modifications as the Commissioner may pre scribe by order, directive, interpretation, guideline, or rule or regulation after any notice and hearing as may be required by this title."
SECTION 1.12.
Said chapter is further amended by adding two new Code sections, to be designated Code Section 33-20-33 and 33-20-34, respectively, to read as follows:
"33-20-33.
(a) No reserved funds as defined in subsection (b) of this Code section or surplus of such nonprofit health care corporation as increased pursuant to the charge required in subsec tion (e) of Code Section 33-20-13 shall be distributed or paid to any person as a part of any plan of conversion of a nonprofit health care corporation to a for profit health care corporation.
(b) For the purposes of this Code section, 'reserved funds' means those funds as described and defined in subsection (c) of Code Section 33-20-13 and any unassigned funds.
(c) A health care corporation which issues shares in connection with an initial public offering shall first offer such shares to its subscribers on similar terms as such shares are offered to the public consistent with applicable federal law and regulations.
(d) No options, warrants, or fees shall be paid to any officer, director, or trustee of a nonprofit health care corporation in connection with a conversion from a nonprofit to a for profit health care corporation or in regard to the initial public offering of a health care corporation.
(e) A health care corporation shall be required to pay any and all fees, taxes, including premium taxes, and assessments, specifically excluding assessments with respect to the Georgia Life and Health Insurance Guaranty Association, as are required of other com panies which provide life and accident and sickness insurance under Georgia law.
(f) A health care corporation, including a surviving corporation, subject to this chapter shall be subject to all the provisions of this title not otherwise provided for in this chapter which are applicable to other insurers which provide life or accident and sickness insurance.
(g) Any distribution of surplus funds by a surviving corporation shall be subject to regu lation by the Commissioner pursuant to the provisions of this title governing distribu tions by insurers which provide life or accident and sickness insurance and shall in no event cause the surplus funds of the surviving corporation to be less than that of the predecessor corporation as of the date of the conversion, unless the Commissioner finds that such distribution is in the public interest.

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JOURNAL OF THE SENATE

33-20-34.
(aXD Any corporation which is governed by Chapter 3 of Title 14, the 'Georgia Non profit Corporation Code,' and authorized under this chapter may merge with, or amend its articles of incorporation to become, a corporation governed by Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' provided a detailed, written plan is submit ted to the Commissioner for such conversion, written notice of such submission is given to the Attorney General, and, after a public hearing thereon, such plan is approved by the Commissioner after being found to be in the best interest of the company, its policyholders, and the general public.
(2) In any such public hearing, the Attorney General may appear before the Commis sioner and make such presentation as he or she shall deem to be in the public's inter est. The Attorney General shall provide representation to the Commissioner in any other legal action relating thereto. Nothing in this Code section shall be construed as a limitation upon the Attorney General in providing legal representation to the Commis sioner during the pendency of any decision concerning conversion.
(b) The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this Code section."
Part 2
SECTION 2.1.
Code Section 31-7-280 of the Official Code of Georgia Annotated, relating to health care provider annual reports and the form of such reports, is amended by striking paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or com prehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans m iioupiufit health care plans, or nonprofit medical service corporation plans, but does not mean a specified disease" or supplemental hospital indemnity payer."
SECTION 2.2.
Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and charges assessed by the Commissioner of Insurance, is amended by adding immediately following subparagraph (I) of paragraph (1) a new subparagraph, to be designated subparagraph (I.I), to read as follows:
"(1.1) Health care corporations: Original license or certificate ........................................... 600.00 Renewal license or certificate ........................................... 500.00"
SECTION 2.3.
Said Code section is further amended by striking subparagraph (u) of paragraph (1) and inserting in lieu thereof a new subparagraph (U) to read as follows:
"(U) Nonprofit organizations (medical service; or hospital service, ui health care corporation):
Original license or certificate ....................................... 600.00 Renewal license or certificate ....................................... 500.00"

TUESDAY, MARCH 14, 1995

1591

SECTION 2.4.
Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (7) of Code Section 33-21-1 and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) 'Insurer' means every insurer authorized under this title to issue contracts of acci dent and sickness insurance. Hospital service nonprofit corporations, nonprofit medical service corporations, iioiipiufil health care corporations, and health maintenance organi zations are included within such term."
SECTION 2.5.
Said chapter is further amended by striking Code Section 33-21-25, relating to the organi zation and operation of health maintenance organizations by insurers or corporations, and inserting in lieu thereof a new Code Section 33-21-25 to read as follows:
"33-21-25.
Notwithstanding any other law which may be inconsistent with this Code section, an insurer, a hospital service nonprofit corporation, a nonprofit medical service corporation, or a iiunyiufiL health care corporation licensed in this state may directly or through a subsidiary or affiliate organize and operate a health maintenance organization."
SECTION 2.6.
Code Section 33-24-20 of the Official Code of Georgia Annotated, relating to provision in individual accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall also apply to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corpora tion, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
SECTION 2.7.
Code Section 33-24-21 of the Official Code of Georgia Annotated, relating to provision in group accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall also relate to blanket accident and sickness insurance policies and to policies issued by a fraternal benefit society, a hospital service nonprofit corpora tion, a nonprofit medical service corporation, a iiuiiprufit health care corporation, a health maintenance organization, or any other similar entity."
SECTION 2.8.
Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to required provi sions in individual accident and sickness policies, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall also apply to individual accident and sick ness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."

1592

JOURNAL OF THE SENATE

SECTION 2.9.
Code Section 33-30-6 of the Official Code of Georgia Annotated, relating to the authority to issue blanket accident and sickness policies, is amended by striking subsection (c) and in serting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service non profit corporation, a nonprofit medical service corporation, a nonprofit health care corpo ration, a health maintenance organization, or any other similar entity."
Part3

SECTION 3.1.

All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd offered the following amendment:
Amend the committee substitute to HB 669 by inserting between lines 39 and 40 of page 7 the following:
"(h) Notwithstanding subsection (g) of this Code section, the Commissioner shall be au thorized to require that all or a portion of the surplus funds of the surviving corporation be donated to the High Risk Health Insurance Plan or the Indigent Care Trust Fund which, pursuant to Code Section 33-44-10 or 31-8-153, shall be authorized to receive such funds and apply such funds to accomplish the purposes of Chapter 44 of this title or Article 6 of Chapter 8 of Title 31."

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

Those voting in the affirmative were Senators:

Blitch Boshears Brown of 26th Burton Dean Egan Griffin

Harbison Henson Hill Johnson of 2nd Kemp Marable Middleton

Ragan Scott Starr Stokes Thomas Walker

Those voting in the negative were Senators:

Abernathy Balfour Black Bowen Broun of 46th Cagle Clay Crotts Day Edge

Farrow Gillis Glanton Gochenour Guhl Isakson Johnson of 1st Land Langford Madden

McGuire Newbill Oliver Pollard Ralston Tanksley Taylor Turner Tysinger

Those not voting were Senators:

Cheeks (excused) Hooks (excused) James

Perdue Ray (excused) Slotin

Thompson

On the adoption of the amendment, the yeas were 20, nays 29, and the Walker amend ment to the committee substitute was lost.

TUESDAY, MARCH 14, 1995

1593

Senator Walker of the 22nd moved that the Senate reconsider its action in defeating the amendment to the committee substitute.

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 Dean Egan Farrow Gillis

Griffin Harbison Henson Hill Isakson Johnson of 2nd Kemp Madden Marable Middleton

Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Black Cagle Clay Crotts Day
Edge

Glanton Gochenour Guhl Johnson of 1st Land Langford
McGuire

Newbill Oliver Pollard Ralston Tanksley Tysinger

Those not voting were Senators:

Abernathy Cheeks (excused) Hooks (excused)

James Perdue

Ragan Thompson

On the motion, the yeas were 29, nays 20; the motion prevailed, and the Senate recon sidered its action in defeating the amendment offered by Senator Walker of the 22nd.

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

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Brown of 26th Burton Dean

Griffin Harbison Henson Hill Johnson of 2nd Kemp Marable

Ragan Ray Slotin Starr Stokes Thomas Walker

Those voting in the negative were Senators:

Balfour Bowen Cagle Clay Crotts Day Edge Egan Farrow
Gillis

Glanton Gochenour Guhl Isakson Johnson of 1st Land Langford Madden McGuire

Middleton Newbill Oliver Pollard Ralston Tanksley Taylor Turner Tysinger

1594

JOURNAL OF THE SENATE

Those not voting were Senators:

Broun of 46th Cheeks (excused) Hooks (excused)

James Perdue

Scott Thompson

On the adoption of the amendment, the yeas were 21, nays 28, and the Walker amend ment to the committee substitute was lost.
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 Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan
Farrow

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

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

Voting in the negative were Senators Abernathy and Stokes.

Those not voting were Senators:

Brown of 26th Hooks (excused) James

Perdue Ray (excused)

Scott Walker (excused)

On the passage of the bill, the yeas were 47, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ray of the 19th resumed the Chair.

The following bill was taken up to consider House action thereto:

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.
Senator Starr of the 44th moved that the Senate recede from its substitute to HB 399.

TUESDAY, MARCH 14, 1995

1595

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

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

Those not voting were Senators:

Hooks (excused) James

Ralston Ray (presiding)

Walker (excused)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 399.

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 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.

The House has disagreed to the Senate amendment to the following bill of the House:

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.

The House insists on its position in substituting the following bills of the Senate:

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

1596

JOURNAL OF THE SENATE

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.
SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide 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 Calendar was resumed.
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. Senate Sponsor: Senator Hill of the 4th.
The Senate Committee on Education offered the following substitute to HB 154:
A BILL
To be entitled an Act to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit cer tain rights of school administrators; 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 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, is amended by adding after paragraph (1) of subsection (a) thereof the following:
"(1.1) 'School administrator' means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description."
SECTION 2.
Said Code section is further amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following:
"(4) 'Teacher' means any professional school employee certificated by the Professional Standards Commission, but not including school administrators."

TUESDAY, MARCH 14, 1995

1597

SECTION 3.
Said Code section is further amended by adding at the end thereof the following:
"(c)(l) A person who first becomes a school administrator on or after the date this subsec tion first becomes effective shall not acquire any rights under this Code section to contin ued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective shall retain such rights:
(A) In that administrative position which such administrator held immediately prior to such date; and
(B) In any other administrative position to which such administrator has been involun tarily transferred or assigned,
and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions.
(2) A teacher who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board.
(2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsec tions of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection.
(3) Nothing in this subsection shall affect positions which, prior to the date this subsec tion first becomes effective, had no rights to continued employment under this Code sec tion, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employ ment under annual contracts, including but not limited to those rights under Code Sec tion 20-2-940.
(4) Notwithstanding the other provisions of this subsection, a local system may adopt as part of its personnel policy the same policies and procedures for the nonrenewal of con tracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section."
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.
Senators Land of the 16th, Hill of the 4th and Isakson of the 21st offered the following amendment:
Amend the committee substitute to HB 154 by striking "system" and inserting "board of education" on line 4 of page 3.
By adding "a tenure policy which may include" immediately following "policy" on line 5 of page 3.

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JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 32, nays 0, and the Land, et al. amendment to the committee substitute was adopted.
Senator Newbill of the 56th offered the following amendment:
Amend the Senate Committee on Education substitute to HB 154 by adding on line 4 of page 1 between the semicolon and the word "to" the following:
"to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to change certain provisions regarding cur riculum-based assessments;".
By renumbering Sections 4 and 5 on page 3 as Sections 5 and 6, respectively, and adding a new Section 4 to read as follows:

"SECTION 4.

Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, is amended by striking said Code section in its entirety and in serting in its place a new Code section to read as follows:
'20-2-281.
(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 educa tional programs of the state, shall implement the program, and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, science, social studies, and mathematics shall be administered to students in grades three, five, eight, and eleven. A nationally norm-referenced instrument or curriculum-based assessment shall be administered in grade eleven for graduation purposes. Writing assessments shall be administered to students in grades four and seven. The writing assessments shall pro vide students and their parents with performance outcome measures resulting from the administration of such tests. The State Board of Education shall also administer to all students in the eighth grade who participate in the assessment program a career apti tude and career interest inventory assessment.'"
On the adoption of the amendment, the yeas were 33, nays 0, and the Newbill amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill 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

TUESDAY, MARCH 14, 1995

1599

Thompson

Turner

Tysinger

Voting in the negative were Senators Abernathy and Harbison.

Those not voting were Senators:

Brown of 26th Hooks (excused)

Middleton Ray (presiding)

Thomas Walker (excused)

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Guhl of the 45th.

Senators Scott of the 36th and Guhl of the 45th offered the following amendment:
Amend HB 116 by adding on line 15 of page 1 between the semicolon and the word "to" the following:
"to amend Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of opportunity to give bail, so as to provide that the sheriff shall transmit one set of finger prints of each individual who acts as a professional bondsperson for the professional bond ing company seeking to be approved as a surety to the Georgia Crime Information Center for search of the Federal Bureau of Investigation records and a report of the results;".
By adding between lines 27 and 28 on page 4 the following:

"SECTION 2.

Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of opportunity to give bail, is amended by striking subparagraph (bXIXD) in its entirety and inserting in lieu thereof a new subparagraph (b)(l)(D) to read as follows:
"(D) The sheriff shall transmit one set of fingerprints of each Fingerprints and backgiomlcTchecks uf every individual who acts as a professional bondsperson as defined in Code Section 17-6-50 for the professional bonding company seeking approval to the Georgia Crime Information Center for search of the Federal Bureau of Investigation records and a report of the results.'"
By renumbering Section 2 on page 4 as Section 3.
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen

Broun of 46th Burton Cheeks Clay Crotts

Day Dean Edge Egan Farrow

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Gillis Glanton Gochenour Griffin Guhl Harbison Henson James Johnson of 1st Kemp

Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Those not voting were Senators:

Black Brown of 26th Cagle Hill

Hooks (excused) Isakson Johnson of 2nd Ray (presiding)

Ragan Ralston Scott Slotin Starr Stokes Taylor Turner Tysinger
Tanksley Thomas Thompson Walker (excused)

On the passage of the bill, the yeas were 44, 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 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.
Senator Perdue of the 18th moved that the Senate adhere to its disagreement to the House substitute to SB 137, and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Perdue of the 18th, Tysinger of the 41st and Oliver of the 42nd.
The Calendar was resumed.

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.
Senate Sponsor: Senator Thompson of the 33rd.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Burton Cagle

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1601

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

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

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

Voting in the negative were Senators Glanton and James.

Those not voting were Senators:

Brown of 26th Hooks (excused)

Oliver Ray (presiding)

Thomas Walker (excused)

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bo wen 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 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

Those not voting were Senators:

Brown of 26th Hooks (excused)

Middleton Ray (presiding)

Thomas Walker (excused)

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

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.
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 Henson Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden

Marable McGuire Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Hill Hooks (excused) Land

Middleton Ray (presiding) Stokes

Thomas Walker (excused)

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

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.
Senate Sponsor: Senator Thompson of the 33rd.

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1603

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 24, 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 39 (LC 18 6317)
Dear Chairman Buck:
This bill allows delivery of motor fuel from a transport tank truck or vessel directly into the tank of a motor vehicle when the motor vehicle is part of a commercial fleet of five or more vehicles and when the transport tank truck or vessel is equipped with accurate measuring devices to gauge the fuel transfer. The provision for delivery in cases of emer gency, as presently in effect, is unchanged.
This bill does not alter the volume of motor fuel delivered and taxed. Accordingly, it has no impact upon the State's revenues.
Sincerely,
Iat Claude L Vickers State Auditor
Isi Henry M. Huckaby, Director Office of Planning and Budget
The Senate Committee on Transportation offered the following substitute to HB 39:
A BILL
To be entitled an Act to amend Code Section 48-9-9 of the Official Code of Georgia Anno tated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to au thorize the delivery of motor fuel from a tankwagon or tandem thereof directly into the fuel tank of certain motor vehicles; to provide for conditions and limitations; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, is amended by striking subsection (e) and in serting in its place a new subsection (e) to read as follows:
"(e)(l) Except as otherwise provided in paragraph (2) of this subsection, delivery Delivery of motor fuel from a transport tank truck or vessel directly in to the fuel tank of any motor vehicle in this state is prohibited except in cases of emergency.
(2) Delivery of motor fuel from a tankwagon or tandem thereof directly into the fuel tank of a motor vehicle in this state is authorized if:
(A) The motor vehicle is part of a commercial fleet of 25 or more motor vehicles owned by a single person, firm, or corporation doing business in this state;----------------
(B) Such tankwagon or tandem thereof is equipped with meters or totalizers which can account accurately for such delivery;

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(C) All flammable and combustible liquids in connection with such delivery are stored, transported, and dispensed in accordance with acceptable fire safety codes and stan dards adopted or promulgated by the safety fire commissioner!
(D) Such tankwagon or tandem thereof is equipped with appropriate safety mecha nisms approved by the safety tire commissioner to control spillage, allow for emergency shut-oft', control source of ignition, and allow acceptable pull away shear value;
(E) Such delivery shall only be conducted in an area or areas and shall only utilize delivery nozzles approved by the safety tire commissioner; ami
(F) Such delivery shall only be conducted in compliance with all applicable state and federal laws and regulations, including, but specifically not limited to, the following:
(i) Chapter 391-3-1, relating to air quality control, of the Rules of the Department of Natural Resources;
(ii) Chapter 5 of Title 12, relating to water resources;
(iii) Article 2 of Chapter 8 of Title 12, relating to solid waste management;
(iv) Article 3 of Chapter 8 of Title 12, relating to hazardous waste;
(v) Article 1 of Chapter 9 of Title 12, relating to air quality; and
(vi) Chapter 14 of Title 12, relating to oil or hazardous material spills or releases."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th Clay Crotts Dean Gillis Griffin

Harbison Hill James Johnson of 2nd Johnson of 1st Kemp Langford Marable Middleton

Ragan Scott Slotin Starr Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Burton Cagle Cheeks Day Edge Egan Farrow

Glanton Gochenour Guhl Henson Isakson Land Madden McGuire

Newbill Oliver Perdue Pollard Ralston Stokes Tanksley Turner

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1605

Those not voting were Senators:

Blitch

Hooks (excused)

Ray (excused)

On the passage of the bill, the yeas were 28, nays 25.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Thompson of the 33rd gave notice that at the proper time he would move that the Senate reconsider its action in defeating HB 39.
The President set the time for entertaining the motion for 5:00 P.M.

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 131. By Senators Walker of the 22nd, Thomas of the 10th, Marable of the 52nd, Henson of the 55th, Edge of the 28th 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.

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd, Marable of the 52nd, Black of the 53rd 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 House has passed by the requisite constitutional majority the following bills 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.

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

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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 House insists on its position in substituting the following bill of the Senate:
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.
Senator Burton of the 5th moved that he be excused from the Senate in order to meet with the Governor in his office.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Burton of the 5th was excused from the Senate.
The Calendar was resumed.
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.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Health and Human Services Committee offered the following amendment:
Amend HB 765 by adding following the word and symbol "powers;" on line 11 of page 1 the following:
"to provide that any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such hospital plan or network which provides coverage for health care services which are within the lawful scope of his or her practice; to provide for construction."
By striking line 24 of page 2 and inserting in lieu thereof the following:
"of Title 50, relating to inspection of public records. Any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such a hospital 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 such hospital plan or network to provide coverage for any specific health care service.'"
On the adoption of the amendment, the yeas were 35, nays 1, and the committee amendment was adopted.
Senator Thomas of the 10th offered the following amendment:
Amend HB 765 by adding at the end of line 24 of page 2 before the period the following: "unless otherwise authorized by law"
On the adoption of the amendment, the yeas were 29, nays 0, and the Thomas 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.

TUESDAY, MARCH 14, 1995

1607

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 Brown of 26th Cagle Cheeks 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 Newbill Oliver

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

Those not voting were Senators:

Abernathy Black Broun of 46th

Burton (excused) Hill Hooks (excused)

Isakson Middleton Scott

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HB 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.
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 Brown of 26th Cagle Cheeks Clay Crotts Day Dean Gillis Glanton

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

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

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Voting in the negative was Senator Farrow.

Those not voting were Senators:

Broun of 46th Burton (excused) Edge Egan

Hill Hooks (excused) Isakson Middleton

Pollard Slotin Thomas Walker (excused)

On the passage of the bill, the yeas were 43, nays 1. The bill, having received the requisite constitutional majority, was passed.

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".
Senate Sponsor: Senator Thompson of the 33rd.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Bowen Brown of 26th Cagle Cheeks Clay Day Dean Farrow Gillis Glanton
Gochenour

Griffin Harbison Henson James Johnson of 1st Kemp Land Langford Madden Marable Newbill Oliver Perdue

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

Those not voting were Senators:

Abernathy Boshears Broun of 46th Burton (excused) Crotts Edge

Egan Guhl Hill Hooks (excused) Isakson

Johnson of 2nd McGuire Middleton Pollard Thomas

On the adoption of the resolution, the yeas were 40, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Ray of the 19th assumed the Chair.

SR 290. By Senator Hooks of the 14th:
A resolution creating the Senate Study Committee on Discretionary Trusts for Disabled Beneficiaries.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

TUESDAY, MARCH 14, 1995

1609

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 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 Ty singer Walker

Those not voting were Senators:

Hill Hooks (excused)

Ray (presiding)

Starr

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

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.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:
Amend HB 441 by striking the quotation mark at the end of line 31 of page 1 and inserting in its place the following:
"The prohibition provided for in this subsection shall not apply to requests for refunds:
(1) Based upon erroneous assessments resulting from factual errors caused by the erro neous documentation of physical characteristics of the property being assessed; or
(2) By taxpayers who are required to file their ad valorem tax returns with the commissioner.'"
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:

Bowen Broun of 46th

Brown of 26th Clay

Crotts Day

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Dean Gillis Griffin Guhl Harbison Henson James Johnson of 2nd

Land Langford Madden Marable Middleton Oliver Perdue Pollard

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Burton Cagle Cheeks

Edge Egan Farrow Glanton Gochenour Isakson Johnson of 1st

Those not voting were Senators:

Abernathy Hill

Hooks (excused) Ray (presiding)

Ragan Scott Slotin Starr Stokes Taylor Turner Walker
Kemp McGuire Newbill Ralston Tanksley Thompson Tysinger
Thomas

On the passage of the bill, the yeas were 30, nays 21.
The bill, having received the requisite constitutional majority, was passed as amended. Senator Gochenour of the 27th gave notice that at the proper time he would move that the Senate reconsider its action in passing HB 441. The President set the time to entertain the motion for 5:30 P.M.
Senator Walker of the 22nd moved that Senator Thomas of the 10th be excused for family reasons.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Thomas was excused from the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

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.

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

TUESDAY, MARCH 14, 1995

1611

drugs or controlled substances, or both; to provide for definitions; to provide a penalty.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The House has passed by the requisite constitutional majority the following bill of the Senate:
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 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 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.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Lee of the 94th, and McClinton of the 68th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
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 Speaker has appointed on the part of the House, Representatives Parham of the 121st, Williams of the 114th and Shipp of the 38th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 129. By Senator Thompson of the 33rd:
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

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students must be in their junior or senior year of high school to qualify for such premium reduction.
The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.
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.
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 House has passed by the requisite constitutional majority the following bill of the Senate:
SB 305. By Senator Hill of the 4th:
A bill to amend Part LA 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 Calendar was resumed.
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. Senate Sponsor: Senator Starr of the 44th.
Senator Newbill of the 56th offered the following amendment: Amend HB 134 by adding on page 1 line 30 after "in the classroom", the following: "tribunal members,".

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1613

On the adoption of the amendment, Senator Starr of the 44th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Burton Cagle Cheeks Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Harbison Hill Isakson James Johnson of 1st

Kemp Land Madden McGuire Newbill Pollard Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th Dean Farrow
Gillis Henson

Johnson of 2nd Langford Marable Middleton Oliver
Perdue Ragan

Scott Slotin Starr Stokes Taylor
Thompson Turner

Those not voting were Senators:

Black Griffin

Hooks (excused) Ray (presiding)

Thomas (excused) Walker (excused)

On the adoption of the amendment, the yeas were 29, nays 21, and the Newbill 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
Blitch Bowen
Broun of 46th Burton
Cagle Cheeks Clay Day Dean
Edge Egan Farrow Gillis

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

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

Those voting in the negative were Senators:

Boshears

Oliver

Stokes

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Those not voting were Senators:

Black Brown of 26th Crotts

Glanton Griffin Hooks (excused)

Ray (presiding) Thomas (excused) Walker (excused)

On the passage of the bill, the yeas were 44, nays 3. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair.

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.
Senate Sponsor: Senator Tanksley of the 32nd.

The Senate Transportation Committee offered the following amendment:
Amend HB 552 by inserting on line 21 of page 1 after the word "direction" the following:
"; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.".
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 Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis

Glanton Gochenour 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Boshears Crotts

Griffin Hooks (excused) Perdue

Thomas (excused) Walker (excused)

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

TUESDAY, MARCH 14, 1995

1615

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 lease equal to the amount spent in the most recent fiscal year.
Senate Sponsor: Senator Johnson of the 1st.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 419 by inserting between "thereto;" and 'to" on line 7 of page 1 the following:
"to change certain provisions relating to the authorized purposes for which certain of such funds may be expended; to change certain provisions relating to entities with whom certain contracts for the expenditure of such funds may be entered into; to change certain definitions;".
By inserting between lines 41 and 42 of page 3 the following:
"SECTION 2A.
Said article is further amended by striking paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, and inserting in its place a new paragraph (5.1) to read as follows:
'(5.1) Notwithstanding any other provision of this subsection, a county (within the the terri torial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1,1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.D) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) pro moting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, con structing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bu reau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later

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than December 31, 2028, provided that during any period during which there remains out standing any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or munici pality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown develop ment authority, shall constitute a contract with the holder of such obligation. Notwith standing any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: "fund" or "funding" shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development au thority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the pay ment of principal and interest on any obligation of the local coliseum and exhibit hall au thority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obli gation of the local coliseum and exhibit hall authority or the downtown development au thority, development, extensions, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; "obligation" shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and "facility" or "facilities" shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and "downtown development authority" shall mean a downtown development authority created by local Act of the General Assembly for a munic ipality pursuant to a local constitutional amendment.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson amendment was adopted.
Senators Marable of the 52nd and Dean of the 31st offered the following amendment:
Amend HB 419 by striking "(3.2)," and inserting in its place "(3.2), (3.3)," on lines 14 and 39 of page 2; lines 6, 8, 13, 22) ~ancT38 of page 4; and lines 3, 10, and 19 of page 5.
By striking "a new paragraph" and inserting in its place "two new paragraphs" on line 2 of page 3.
By striking "paragraph (3.2)" and inserting in its place "paragraphs (3.2) and (3.3)" on line 5 of page 3.
By striking the quotation mark on line 41 of page 3.
By inserting between lines 41 and 42 of page 3 the following:
"(3.3) Notwithstanding the provisions of paragraph (I) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substan tially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and which facility was completed and in operation prior to December 31, 1994, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend for the purpose of promoting tourism, conventions, and trade shows in each fiscal year during which the tax is collected under this paragraph (3.3) an amount which is equal to (A) an amount which

TUESDAY, MARCH 14, 1995

1617

is not less than the amount which would have been spent if the tax rate had not been increased to 6 percent and if the same percentage of tax collections expended for such purposes during the immediately preceding fiscal year were expended for such purposes during the current fiscal year plus (B) an amount equal to 16% percent of the total taxes collected at the rate of 6 percent.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Marable and Dean amendment was adopted.
Senators Ray of the 19th and Gillis of the 20th offered the following amendment:
Amend HB 419 by striking "(3.2)," and inserting in its place "(3.2), (3.3)," on lines 14 and 39 of page 2; lines 6, 8, 13, 22, and 38 of page 4; and lines 3, 10, and 19 of page 5.
By striking "a new paragraph" and inserting in its place "two new paragraphs" on line 2 of page 3.
By striking "paragraph (3.2)" and inserting in its place "paragraphs (3.2) and (3.3)" on line 5 of page 3.
By striking the quotation mark on line 41 of page 3.
By inserting between lines 41 and 42 of page 3 the following:
"(3.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1,1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.3)) an amount equal to 33Vs percent of the total taxes collected under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organi zation defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.3)) an amount equal to 16% percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account ac crued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the Ray and Gillis 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 Crotts
Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison Henson Hill Isakson James

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JOURNAL OF THE SENATE

Johnson of 2nd Johnson of 1st lie rap Land Langford Madden Marable McGuire

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott

Slotin Starr Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Black Hooks (excused)

Middleton Taylor

Thomas (excused) Walker (excused)

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

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.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Tames Johnson of 2nd Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Black Hooks (excused)

Johnson of 1st Ray (excused)

Thomas (excused) Walker (excused)

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

TUESDAY, MARCH 14, 1995

1619

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. Senate Sponsor: Senator Clay of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 377:
A BILL
To be entitled an Act 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 aggravated child molestation; to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes; to eliminate the possibility of probation of the sentence of a first time offender; to change the minimum age for offenses of child molestation; to increase the penalties for sexual exploitation of children; to provide for related matters; 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 "Child Protection Act of 1995."
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, is amended by striking Code Section 16-5-70, relating to cruelty to children, in its entirety and in serting in lieu thereof the following:
"16-5-70.
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children when he such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children when he such person mali ciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) A person convicted of the offense of cruelty to children as provided in this Code section shall be punished by imprisonment for not less than one five nor more than 20 years."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new Code Section to read as follows:
"(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any female person under the age of i4 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.
(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years, pioviJed, huwevei, llial if Llm victim it, 14 01
xJ V6fl.rS OT 3.^6 ciiiu. tilO ^ci'ftOIl SO COiWJ-Ctcu iS ilO iHGi'c tllfl.il tpili't'C VcEirS uldcl LllcLii tllfc Victim, SHCli pci'SOii ill&^j nl C116 ui&Cl &tiGil 01 tiWi COLU'Lj t}6 JJUiliSllGQ3.S 101 <i

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JOURNAL OF THE SENATE

SECTION 4.
Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, in its entirety and inserting in lieu thereof the following:
"16-6-4.
(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.
(b) A person convicted of a first offense of child molestation shall be punished by impris onment for not less than one five nor more than 20 years. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcer ated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than five ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation when he such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 1710-7."
SECTION 5.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of i4 16 years to any place whatsoever for the purpose of child molestation or indecent acts."
SECTION 6.
Said title is further amended by striking subsection (g) of Code Section 16-12-100, relating to sexual exploitation of children, in its entirety and inserting in lieu thereof a new subsec tion (g) to read as follows:
"(g)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year five years nor more than 20 years or and by a fine of not more than $100,000.00, ui bulli. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed.
(2) Any person who violates paragraph (8) of subsection (b) of this Code section shall be guilty of a misdemeanor.

TUESDAY, MARCH 14, 1995

1621

(3) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor."

SECTION 7.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 3, 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 Hill Isakson James Johnson of 2nd Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Henson Hooks (excused)

Johnson of 1st Starr

Tanksley Walker (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.

Time having arrived for the entertainment of the reconsideration motion, Senator Thompson of the 33rd moved that the Senate reconsider its action previously today in de feating the following bill of the House:

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.
Senate Sponsor: Senator Thompson of the 33rd.
On the motion, the yeas were 31, nays 10; the motion prevailed, and HB 39 was recon sidered and placed on the Senate General Calendar.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate.
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.
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.
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.
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 House has passed by the requisite constitutional majority the following bill of the House:
HB 805. By Representatives Connell of the 115th and Williams of the 114th:
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.
The following bill was taken up to consider House action thereto:
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.

TUESDAY, MARCH 14, 1995

1623

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that it shall be unlawful for any person to discharge any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defi nitions; to provide a penalty; to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a handgun: to provide for legislative intent and declarations: to restrict the authority of political subdivisions with respect to certain regu lations of handguns; to define certain terms; to require certain information from a potential purchaser of a handgun; to provide for criminal history and involuntary hospitalization records checks; to provide for transaction numbers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bu reau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bureau and licensed firearms dealers with respect to potential buyers of firearms; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a handgun; to provide that if a person is denied the right to purchase a handgun based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the records; to provide that persons who are prohibited from purchasing or transporting a handgun based on a background check evidencing involuntary hospitalization shall be entitled to a hearing before the committing court; to provide procedures; to authorize the committing court to make a determination as to a person's competency to possess or transport a handgun; to provide for amendments to certain criminal records or records of involuntary hospitaliza tion; to provide procedures; to provide for certain actions to have erroneous records cor rected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain exceptions with respect to the transfer of a handgun as collateral for a loan or as pledged goods in a pawn transaction; to prohibit certain acts in connection with the sale or purchase of handguns; to prohibit the breach of confidentiality with respect to certain records; to provide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to licensed firearms dealers concerning potential purchasers or transferees of handguns; to require the probate courts and the clerks of the superior courts to perform certain duties with respect to furnishing certain information to the Georgia Crime Information Center; to require the center to provide certain information to a potential purchaser or transferee of a handgun; to provide for the purging of certain records of the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conducting a hearing to determine eligibility to purchase a handgun; to provide for other matters relative to the foregoing; to provide an effective date; to provide for the automatic repeal of a portion of this Act; to repeal conflict ing laws and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by inserting immediately following Code Section 16-11-132 a new Code section to read as follows:
"16-11-133.
(a) It shall be unlawful for any person to discharge a firearm while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;
(2) The person's alcohol concentration is 0.08 grams or more at any time while dis charging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been 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 possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2.
Said article is further amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170.
(a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a state background check law.
(b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
16-11-171.
As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of Investigation.
(2) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation.
(3) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43.

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(4) 'Handgun' means a pistol or revolver or other handgun defined in Code Section 1611-131 which has a short stock and is designed to be held and fired by the use of a single hand.
(5) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17.
16-11-172.
On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, li censed manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee;
(2) The dealer has inspected identification containing a photograph of the potential buyer or transferee;
(3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check;
(4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a handgun by the transferee would be in violation of federal or state law; and
(5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form.
16-11-173.
(a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensee's call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and
(2) Inform the licensee making the inquiry that its records demonstrate that the poten tial buyer or transferee is so prohibited or provide the licensee with a unique transac tion number.
(b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a handgun, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licen see shall not complete the sale of the handgun until the bureau advises the licensee that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a handgun under state or federal law.
16-11-174.
(a) In the event of electronic failure, scheduled computer downtime, or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. If the delay is expected to extend beyond the close of business of the day the request is made, the

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firearm dealer may complete the transaction immediately without being a violation of this part. After such notification, the bureau shall forthwith, and in no event later than the end of the day the request is made by the licensee, either inform the requesting licen see if its records demonstrate that the potential buyer is prohibited from receipt or pos session of a handgun under state or federal law or provide the licensee a unique transaction number. Unless notified by the close of business the day the request is made that the potential buyer is so prohibited, and without regard to whether he or she has received a unique transaction number, the licensee may complete the transaction and shall not be deemed in violation of this part.
(b) A licensed dealer is not required to comply with the requirements of this part in the event of unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of such premises or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee.
16-11-175.
The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173.
16-11-176.
The bureau shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a po tential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law.
16-11-177.
The bureau shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178.
(a) Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this part may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of resi dence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172.
(b) In addition to other provisions of law relating to prohibitions against possessing or transporting a handgun, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a handgun shall be pro hibited from purchasing or possessing a handgun; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evi dence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a handgun as a result of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase a

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handgun, the bureau shall destroy any records it maintains which contain any informa tion derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172.
(c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information for damages, including conse quential damages, injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part of the costs.
16-11-179.
The bureau shall promulgate regulations to ensure the identity, confidentiality, and se curity of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment.
16-11-180.
Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any handgun which has been shipped or transported in interstate or for eign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or who has been involuntarily hospitalized.
16-11-181.
(a) The provisions of this part shall not apply to:
(1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11;
(4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and
(5) Peace officers certified by the Georgia Peace Officer Standards and Training Council.
(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or re claiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year.
16-11-182.
(a) Any licensed dealer or any government official who willfully and intentionally re quests a criminal history and involuntary hospitalization records check from the bureau

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for any purpose other than compliance with this part or willfully and intentionally dis seminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony.
(b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally fur nishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed dealer who willfully and intentionally sells or delivers a handgun in violation of this part shall be guilty of a misdemeanor.
(d) Any purchaser or owner of a firearm who willfully and intentionally transfers the firearm at any time to a person who he or she knows to be prohibited from possession of a handgun by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183.
The bureau shall provide the Speaker of the House of Representatives and the President of the Senate an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a deter mination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record per taining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178.
16-11-184.
(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general state-wide concern.
(b) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, trans port, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.
(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employ ment with that local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation."
SECTION 3.
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsections (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime

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Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.l) to read as follows:
"(d.D(l) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or trans feree of a handgun is prohibited from purchasing or possessing a handgun by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177.
(2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provi sions of law and in order to carry out the provisions of this Code section and Code Sec tions 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitali zation records of the probate courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the require ments of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
SECTION 4.
Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows:
"(f) If the center has notified a firearms dealer that a person is prohibited from purchas ing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involun tary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun."

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SECTION 5.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new paragraph (29) to read as follows:
"(29) For hearing to determine eligibility to purchase a handgun ............. 30.00"
SECTION 6.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CO to read as follows:
"(CC) For hearing to determine eligibility to purchase a handgun............. 30.00"
SECTION 7.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but shall only apply to the sale or transfer of handguns on and after January 1, 1996; provided, however, that no local ordinance which was in effect on the effective date of this Act shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to the effective date of this Act as provided by that Code section, any such ordinance shall be of no further force or effect. No ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.
SECTION 8.
Code Sections 16-11-170 through 16-11-183 enacted by Section 2 of this Act; subsection (d.l) of Code Section 35-3-34 enacted by Section 3 of this Act; subsection (f) of Code Section 35-3-37 enacted by Section 4 of this Act; paragraph (29) of subsection (a) of Code Section 15-9-60 enacted by Section 5 of this Act; and subparagraph (eXIXCC) of Code Section 15-960 enacted by Section 6 of this Act shall be repealed automatically upon a final judicial determination that such Act is invalid for any reason.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate disagree to the House substitute.
Senator Marable of the 52nd moved that the Senate agree to the House substitute.
Senator Perdue of the 18th moved that the Senate agree to the House substitute as amended by the Senate.
This motion takes precedence. The amendment to the House substitute was as follows:
Senators Perdue of the 18th, Dean of the 31st and Marable of the 52nd offered the following amendment:
Amend the House substitute to SB 58 by striking the word "shall" on line 42 and inserting in lieu thereof the word "may".
Senator Perdue of the 18th asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment to the House substitute was withdrawn.

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Senator Marable of the 52nd moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by striking Section (d) on page 11 lines 3 through 7.

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

Those voting in the affirmative were Senators:

Abernathy Johnson of 2nd

Johnson of 1st

Marable

Those voting in the negative 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 Kemp Land Langford Madden McGuire Middleton Newbill

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

On the motion, the yeas were 4, nays 52; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Scott of the 36th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House Substitute to SB 58 by striking from quoted Code Section 16-11-184 of Section 2 the following:
"(b) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, trans port, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.
(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employ ment with that local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation."
and inserting in lieu thereof the following:
"(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms except as otherwise provided in subsections (c), (d), (e), and (f) of this Code section.

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(c) On and after January 1, 1996, a county or municipal corporation may by ordinance approved by the governing authority of the county or municipal corporation, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, require that a certain period not exceeding three days excluding Saturday, Sunday, and legal holidays shall elapse from the date that a potential buyer or transferee completes a consent form as provided in paragraph (1) of Code Section 16-11172 before the dealer is authorized to sell or transfer a firearm to said buyer or trans feree; provided, however, that such waiting period not exceeding three days shall not apply if the purchaser exhibits to the dealer a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129. The provisions of this part shall apply in addition to any waiting period required by an ordinance enacted pursuant to this subsection.
(d) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employ ment with that local unit of government.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.
(f) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision."
By striking from Section 7 the following:
"No ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995."

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

Those voting in the affirmative were Senators:

Abernathy Black
Broun of 46th Brown of 26th Clay Egan Griffin

Harbison Henson
Isakson James Johnson of 2nd Land Oliver

Ragan Scott
Slotin Stokes Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch Bowen Burton Cagle Cheeks Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Hill Hooks Johnson of 1st Kemp Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ralston Ray Starr Tanksley Taylor Turner

Those not voting were Senators:

Boshears

Thompson

On the motion, the yeas were 21, nays 33; the motion lost, and the Senate did not agree to the House substitute as amended.

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1633

Senator Scott of the 36th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by striking the word "handgun" in each instance where such word appears in the title and inserting in lieu thereof the word "firearm".
By striking the word "handguns" in each instance where such word appears in the title and inserting in lieu thereof the word "firearms".
By striking from quoted Code Section 16-11-171 in Section 2 the following:
"(4) 'Handgun' means a pistol or revolver or other handgun defined in Code Section 1611-131 which has a short stock and is designed to be held and fired by the use of a single hand.
(5) 'Involuntarily hospitalized' means hospitalized as", and inserting in lieu thereof the following:
"(4) 'Involuntarily hospitalized' means hospitalized as".
By striking the word "handgun" in the undesignated introductory language of quoted Code Section 16-11-172 in Section 2 and inserting in lieu thereof the following:
"firearm as defined in Code Section 16-11-31".
By striking the word "handgun" in each instance in which such word occurs in the remain ing sections and inserting in lieu thereof the word "firearm".
By striking the word "handguns" in each instance in which such word occurs in the remain ing sections and inserting in lieu thereof the word "firearms".

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 Broun of 46th Brown of 26th Egan

Griffin Harbison Henson Isakson James Johnson of 2nd

Oliver Scott Slotin Stokes Thomas Walker

Those voting in' the negative were Senators:

Balfour Bowen Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Guhl Hill Hooks Johnson of 1st Kemp Land Langford Madden Marable McGuire Middleton

Newbill Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner Tysinger

On the motion, the yeas were 19, nays 37; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Scott of the 36th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by striking the words and symbol "to provide for the automatic repeal of a portion of this Act;" from the title.

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By striking from Section 8 the following:

"SECTION 8.

Code Sections 16-11-170 through 16-11-183 enacted by Section 1 of this Act; subsection (d.l) of Code Section 35-3-34 enacted by Section 2 of this Act; subsection (f) of Code Section 35-3-37 enacted by Section 3 of this Act; paragraph (29) of subsection (a) of Code Section 15-9-60 enacted by Section 4 of this Act; and subparagraph (CC) of paragraph 1 of subsec tion (e) of Code Section 15-9-60 enacted by Section 5 of this Act shall be repealed automati cally upon repeal of the federal Brady Handgun Violence Protection Act or upon a final, judicial determination that such Act is invalid for any reason."
By renumbering Section 9 as Section 8.

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

Those voting in the affirmative were Senators:

Abernathy Broun of 46th
Brown of 26th Egan Griffin

Harbison Henson
Isakson Johnson of 2nd Oliver

Scott Slotin
Stokes Thomas Walker

Those voting in the negative were Senators:

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

Gillis Glanton Gochenour
Guhl Hill Hooks Kemp Land
Langford Madden Marable McGuire
Middleton

Newbill Perdue Pollard
Ragan Ralston Ray Starr Tanksley
Taylor Thompson Turner Tysinger

Those not voting were Senators:

Cagle

James

Johnson of 1st

On the motion the yeas were 15, nays 38; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by striking line 40 on page 13 and inserting in lieu thereof the following: "that such Act is invalid for any reason or on December 31, 1998, whichever is earlier."

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

Those voting in the affirmative were Senators:

Abernathy Cheeks Egan Glanton

Gochenour Henson James Langford

McGuire Oliver Thompson Walker

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1635

Those voting in the negative were Senators:

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

Griffin Guhl
Harbison
Hill
Hooks Isakson Johnson of 2nd
Johnson of 1st Kemp Land
Madden Marable Middleton Newbill

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

Not voting was Senator Crotts.

On the motion, the yeas were 12, nays 43; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Egan of the 40th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by striking line 34, page 10 through line 15, page 11.

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

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th Egan Griffin Harbison

Henson Isakson James Johnson of 2nd Land Oliver

Scott Slotin Stokes Thomas Tysinger Walker

Those voting in the negative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Hill Hooks Johnson of 1st Kemp Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner

On the motion, the yeas were 18, nays 38; the motion lost, and the Senate did not agree to the House substitute as amended.

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Senator McGuire of the 30th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by inserting on page 13, line 39 after the word "upon": "repeal or expiration of all or any part of the Federal Brady Handgun Violence Protection Act, or".
Senator McGuire of the 30th asked unanimous consent that his amendment to the House substitute be withdrawn. The consent was granted and the amendment was withdrawn.

Senator Black of the 53rd moved that the Senate agree to the House substitute to SB 58 as amended by the following amendment:
Amend the House substitute to SB 58 by striking line 3 on page 1 and inserting in lieu thereof the following:
"instrumentalities and practices, so as to provide that every head of a household in this state shall be required to maintain at least one firearm with ammunition in his or her residence; to define certain terms; to provide for exceptions; to provide a penalty; to pro vide that it".
By striking lines 41 and 42 on page 2 and line 1 on page 3 and inserting in lieu thereof the following:
"Code Section 16-11-132 the following: '16-11-133.
(a) As used in this Code section, the term:
(1) "Head of household" means an individual who supports or materially assists in the support of himself or herself and, if applicable, one or more persons who are closely connected to him or her by consanguinity, affinity, or adoption residing in the same household.
(2) "Firearm" means any rifle, shotgun, or pistol.
(b) Every head of household residing in this state shall maintain in his or her residence at least one firearm in working order together with ammunition for the same.
(c) The provisions of this Code section shall not apply to any head of household:
(1) Suffering from any mental disability, including without limitation persons adjudi cated incompetent and persons under psychiatric care;
(2) Suffering from a physical disability which would preclude him or her from safely using a firearm;
(3) Who is conscientiously opposed to maintaining a firearm; or
(4) Who is otherwise prohibited by law from possessing a firearm.
(d) Violation of this Code section shall constitute a misdemeanor.' 16-11-134."

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
Brown of 26th Cheeks Clay

Glanton Gochenour Griffin Guhl
Harbison Henson Johnson of 2nd

Kemp McGuire Scott Tanksley
Thomas Walker

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Those voting in the negative were Senators:

Bowen Broun of 46th Burton Cagle Crotts
Day Dean Edge Egan Farrow Gillis Hill

Hooks Isakson James Johnson of 1st Land
Langford Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan Ray Slotin
Starr Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Balfour

Ralston

On the motion, the yeas were 20, nays 34; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Abernathy of the 38th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 by inserting on line 25 on page 1, immediately follow ing the word and symbol "firearm;", the following:
"to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily in jury; to provide for exceptions; to provide for mitigating factors relative to prosecution; to require a specific warning when firearms are sold or transferred; to provide for related matters; to provide for a state-wide referendum;".
By inserting following line 32 on page 3 the following:

"SECTION 1.

Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:

'Parts

16-11-170.
This part shall be known and may be cited as the "Firearms Protection for Minors Act."
16-11-171.
(a) The General Assembly finds that a tragically large number of children in Georgia have been accidentally killed or seriously injured by negligently stored firearms. The General Assembly further finds that placing firearms within the reach or easy access of children is dangerously irresponsible, encourages such accidents, and should be prohib ited. Therefore, it is the intent of the General Assembly to take legislative action that is necessary to protect the safety of our children.
(b) It is the intent of the General Assembly that adult citizens of this state retain their constitutional right to keep and bear firearms for hunting and sporting activities, for defense of self, family, home, and business, and as collectables. Nothing in this part shall be construed to reduce or limit any existing right to purchase and own firearms or to

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provide authority to any state or local agency to infringe upon the privacy of any family, home, or business, except by lawful warrant. It is not the intent of the General Assembly to require the owner of a firearm to keep that firearm in a locked container, such decision resting solely with the firearm owner.
16-11-172.
As used in this part, the term:
(1) "Loaded firearm" means a firearm in which there is an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including but not limited to in the firing chamber, magazine, or clip attached to the firearm; except that a muzzleloader shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(2) "Locked container" means a secure container which is fully enclosed and locked by a padlock, key, lock, combination lock, or similar locking device; such term shall include the locked utility or glove compartment of a motor vehicle.
(3) "Locking device" means a device that is not an integral part of a firearm but which prevents the firearm from functioning and which when applied to the firearm renders the firearm inoperable.
(4) "Minor" means any person under the age of 16 years.
16-11-173.
Except as provided in Code Section 16-11-174, a person commits the offense of criminal storage of a firearm if he or she intentionally keeps any loaded firearm on any premise which is under his or her custody or control and he or she knows that a minor is likely to gain access to the firearm without the permission of an adult and the minor obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. Violation of this subsection shall be punishable as a felony.
16-11-174.
The provisions of Code Section 16-11-173 shall not apply whenever any of the following occur:
(1) The minor obtains the firearm as a result of an illegal entry to any premises by any person;
(2) The firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;
(3) The firearm is carried on the person or within such a close proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person;
(4) The firearm is equipped with a locking device which is properly engaged when ac cess thereto is gained by the minor;
(5) The person is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during or incidental to the performance of the per son's duties;
(6) The minor obtains or obtains and discharges the firearm in a lawful act of selfdefense or defense of another person or persons;
(7) A person who keeps a loaded firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circum stances, that a minor is likely to be present on the premise; and
(8) The firearm was obtained by the child from a place where there was no reasonable expectation, based on objective facts and circumstances, that a child would have access.

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16-11-175.
(a) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney, solicitor, or other prosecutor shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Code Section 16-11-173 when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a parent or guardian of a minor who is injured or who dies as the result of an acci dental shooting shall be prosecuted only in those instances in which the parent or guard ian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This subsection shall not otherwise restrict, in any manner, the factors that a dis trict attorney, solicitor, or other prosecutor may consider when deciding whether to pros ecute alleged violations of Code Section 16-11-173.
(b) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of said Code section shall occur until at least seven days after the date upon which the accidental shooting occurred. In addition to the limi tation contained in this subsection, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of Code Section 16-11-173 if the person to be arrested is the parent or guardian of the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seri ously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(c)(l) The fact that a person who allegedly violated Code Section 16-11-173 attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of said Code section shall be considered a mitigating factor by a district attorney, solicitor, or other prosecutor when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this part, the fact that a person who alleg edly violated this part attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of this part shall be admissible.
16-11-176.
(a) Upon the retail commercial sale or retail transfer of any firearm, the seller or trans feror shall deliver a written warning to the purchaser or transferee, which warning shall state, in block letters not less than one-fourth inch in height:
"IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM."'
(b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall conspicu ously post within the premises the following warning in block letters not less than three inches in height:
"IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'"
SECTION 2.
At the next general election following enactment of this Act, this Act shall be submitted to the electors of this state for approval or rejection. The ballot shall have written or printed thereon the words:
'( ) YES Shall the Act be approved which provides for criminal liability for the unsafe ( ) NO storage of a loaded firearm within reach of a minor if the minor gains access to
and improperly uses the firearms?'

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All persons desiring to vote for approval of the Act shall vote Yes,' and those persons desir ing to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immedi ately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following that election date."

On the motion, 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 Egan

Griffin Harbison James Johnson of 2nd Oliver

Scott Slotin Stokes Thomas

Those voting in the negative were Senators:

Balfour Black Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Edge 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 not voting were Senators:

Henson

Walker

On the motion, the yeas were 14, nays 40; the motion lost, and the Senate did not agree to the House substitute as amended.

Senator Clay of the 37th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 58 as follows: On page 3 line 29 add new subsection: "(D) A law enforcement officer with reasonable grounds to believe that a. person has vio lated this Code Section may request that said person submit to a blood, urine, breath or other bodily substance test to determine if said person is in violation of this Code Section; or, in the alternative, may submit said reasonable grounds to a magistrate judge for an order compelling said person to submit to said test."
Senator Clay of the 37th asked unanimous consent that his amendment to the House substitute be withdrawn. The consent was granted and the amendment was withdrawn.

Senator Scott of the 36th moved that the Senate agree to the House substitute by the following substitute offered by Senator Scott and others:
Senators Scott of the 36th, Oliver of the 42nd, Isakson of the 21st and others offered the following substitute to the House substitute to SB 58:

A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide

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1641

that it shall be unlawful for any person to discharge any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defi nitions; to provide a penalty; to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to provide for legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regu lations of firearms; to define certain terms; to require certain information from a potential purchaser of a firearm; to provide for criminal history and involuntary hospitalization records checks; to provide for transaction numbers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bu reau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bureau and licensed firearms dealers with respect to potential buyers of firearms; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a firearm; to provide that if a person is denied the right to purchase a firearm based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the records; to provide that persons who are prohibited from purchasing or transporting a firearm based on a background check evidencing involuntary hospitalization shall be entitled to a hearing before the committing court; to provide procedures; to authorize the committing court to make a determination as to a person's competency to possess or transport a firearm; to provide for amendments to certain criminal records or records of involuntary hospitaliza tion; to provide procedures; to provide for certain actions to have erroneous records cor rected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain exceptions with respect to the transfer of a firearm as collateral for a loan or as pledged goods in a pawn transaction; to prohibit certain acts in connection with the sale or purchase of firearms; to prohibit the breach of confidentiality with respect to certain records; to provide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to licensed firearms dealers concerning potential purchasers or transferees of firearms; to require the probate courts and the clerks of the superior courts to perform certain duties with respect to furnishing certain information to the Georgia Crime Information Center; to require the center to provide certain information to a potential purchaser or transferee of a firearm; to provide for the purging of certain records of the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conducting a hearing to determine eligibility to purchase a firearm; to provide for other matters relative to the foregoing; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end of Part 3 a new Code Section 16-11-133 to read as follows:
"16-11-133.
(a) It shall be unlawful for any person to discharge a firearm while:
(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm;

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(2) The person's alcohol concentration is 0.08 grams or more at any time while dis charging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or
(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(b) The fact that any person charged with violating this Code section is or has been 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 possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2.
Said article is further amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170.
(a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a state background check law.
(b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act, except that this part shall apply to firearms. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state offi cial that information available does not indicate that possession of a firearm by a pro posed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
16-11-171.
As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of Investigation.
(2) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation.
(3) T)ealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43.
(4) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17.
16-11-172.
On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any firearm as defined in Code Section 16-11-131 to another person,

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other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collec tor, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or transferee;
(2) The dealer has inspected identification containing a photograph of the potential buyer or transferee;
(3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check;
(4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a firearm by the transferee would be in violation of federal or state law; and
(5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form.
16-11-173.
(a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensee's call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law; and
(2) Inform the licensee making the inquiry that its records demonstrate that the poten tial buyer or transferee is so prohibited or provide the licensee with a unique transac tion number.
(b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the potential buyer to purchase a firearm, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licen see shall not complete the sale of the firearm until the bureau advises the licensee that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a firearm under state or federal law.
16-11-174.
In the event of electronic failure or similar emergency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay.
16-11-175.
The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173.
16-11-176.
(a) Any records created by the bureau to conduct the criminal history and involuntary hospitalization records check containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law shall be confidential and may not be disclosed by the bureau or any officer or employee thereof to any person or to any other agency. The bureau shall destroy any such records, except a log which shows the date of a request, the unique transaction number assigned to the request, and the name and other identifying information of the dealer, but not

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including the name and other identifying information relative to the potential buyer, forthwith after it communicates the corresponding transaction number to the licensee and, in any event, such records shall be destroyed within ten days after the day of the receipt of the licensee's request; provided, however, that in those instances where com pletion of the criminal history and involuntary hospitalization records check takes longer than ten days to complete, such identifying records may be maintained until the comple tion of the records check.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the bureau may maintain only a log of dates of requests for criminal history and involuntary hospitaliza tion records checks and unique transaction numbers corresponding to such dates and the name, address, and other identifying information of the dealer but not the name or other identifying information relative to the potential buyer for a period of not longer than one year.
16-11-177.
The bureau shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178.
(a) Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this part may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of resi dence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a firearm by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172.
(b) In addition to other provisions of law relating to prohibitions against possessing or transporting a firearm, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a firearm shall be prohib ited from purchasing or possessing a firearm; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evidence required by the judge that such applicant as not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a firearm as a result of being invol untarily hospitalized. If such applicant is not deemed ineligible to purchase a firearm, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172.
(c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of oViginal jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part of the costs.
16-11-179.
The bureau shall promulgate regulations to ensure the identity, confidentiality, and se curity of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment.

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16-11-180.
Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any firearm which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
16-11-181.
(a) The provisions of this part shall not apply to:
(1) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11;
(4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and
(5) Peace officers certified by the Georgia Peace Officer Standards and Training Council.
(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a firearm as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the firearm from the dealer or upon such person transferring any other firearm as collateral or pledged goods to the same dealer or re claiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year.
16-11-182.
(a) Any licensed dealer or any government official who willfully and intentionally re quests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intentionally dis seminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony.
(b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a firearm pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally fur nishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor.
(c) Any licensed dealer who willfully and intentionally sells or delivers a firearm in viola tion of this part shall be guilty of a misdemeanor.
(d) Any purchaser or owner of a firearm who knowingly transfers the firearm at any time to a person who is prohibited from possession of a firearm by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183.
The bureau shall provide the standing Judiciary Committees of the Senate and House of Representatives an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the

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number of inquiries received from licensees, the number of inquiries resulting in a deter mination that the potential buyer or transferee was prohibited from receipt or possession of a firearm pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record per taining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178.
16-11-184.
(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms except as otherwise provided in subsections (c), (d), (e) and (f) of this Code section.
(c) On and after January 1, 1996, a county or municipal corporation may by ordinance approved by the governing authority of the county or municipal corporation, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, require that a certain period not exceeding three days excluding Saturday, Sunday, and legal holidays shall elapse from the date that a potential buyer or transferee completes a consent form as provided in paragraph (1) of Code Section 16-11172 before the dealer is authorized to sell or transfer a firearm to said buyer or trans feree; provided, however, that such waiting period not exceeding three days shall not apply if the purchaser exhibits to the dealer a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129. The provisions of this part shall apply in addition to any waiting period required by an ordinance enacted pursuant to this subsection.
(d) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employ ment with that local unit of government.
(e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.
(f) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision."
SECTION 3.
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsections (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.l) to read as follows:
"(d.D(l) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or trans feree of a firearm is prohibited from purchasing or possessing a firearm by state or fed eral law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and adequate telephone lines a toll-free telephone number as required in Code Section 16-11-177.

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(2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provi sions of law and in order to carry out the provisions of this Code section and Code Sec tions 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the require ments of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
SECTION 4.
Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows:
"(f) If the center has notified a firearms dealer that a person is prohibited from purchas ing or possessing a firearm pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involun tary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a firearm."
SECTION 5.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new paragraph (33) to read as follows:
"(33) For hearing to determine eligibility to purchase a firearm............. 30.00"
SECTION 6.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CO to read as follows:
"(CO For hearing to determine eligibility to purchase a firearm ............ 30.00"
SECTION 7.
(a) Section 1 of this Act shall become effective July 1, 1995.
(b) Except as provided in subsection (a) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but

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shall only apply to the sale or transfer of firearms on and after January 1, 1996; pro vided, however, that no local ordinance which was in effect on January 1, 1995, shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to the effective date of this Act as provided by that Code section, any such ordinance shall be of no further force or effect.

SECTION 8.

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

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th Brown of 26th Egan
Griffin

Harbison Henson Isakson James Johnson of 2nd Oliver
Ragan

Scott Slotin Stokes Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Bowen Burton Cagle
Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Guhl Hill
Hooks Johnson of 1st Kemp Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ralston
Ray Starr Tanksley Taylor Thompson Turner

Not voting was Senator Land.

On the motion, the yeas were 20, nays 35; the motion lost, and the Senate did not agree to the House substitute by Senate substitute.

On the motion by Senator Marable of the 52nd to agree to the House substitute to SB 58, which motion was next in the order of precedence, a roll call was taken, 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

Farrow Gillis Guhl Hill Hooks Johnson of 1st Kemp Langford Madden Marable McGuire

Newbill Perdue Pollard Ragan Ralston Ray Starr Taylor Thompson Turner Tysinger

TUESDAY, MARCH 14, 1995

1649

Those voting in the negative were Senators:

Abernathy Black Broun of 46th Brown of 26th Egan Glanton Gochenour

Griffin Harbison Henson Isakson James Johnson of 2nd Land

Not voting was Senator Middleton.

Oliver Scott Slotin Stokes Tanksley Thomas Walker

On the motion, the yeas were 34, nays 21; the motion prevailed, and the Senate agreed to the House substitute to SB 58.
The following communication was received by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
March 14, 1995

Mr. Frank Eldridge, Jr. Secret-, ry of the Senate State Capitol Atlanta, Georgia 30334

Dear Frank:
On March 14, 1995,1 was unable to return to the Chamber in time to vote on SB 58.1 had voted on various amendments, but as a Governor's Floor Leader, I was called away from the Chamber on administrative matters prior to the final vote on the bill. I attempted to get back in time, but barely missed the vote. Had I been there, I would have voted "Yea" on SB 58, and ask by this correspondence that you record that vote.
Thank you for your service to the State.
With warm regards,
/s/ Guy Middleton

The following bill of the House was read the first time and referred to committee:

HB 805. By Representatives Connell of the 115th and Williams of the 114th:
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.
Referred to Committee on State and Local Governmental Operations.
The following bill was taken up to consider House action thereto:

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

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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 House amendments were as follows:
House amendment #1:
Amend SB 133 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"service and to provide for exceptions; to change the grievance system; to amend Chap ter 2 of.
By striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"employees, so as to change the grievance system for classified employees; to provide for definitions; to provide what employment actions 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 monitoring, determining, and compelling of compli ance; to provide for notice to employees, reports, mediation, appeals, group grievances, em ployee spokespersons, continuances, granting of relief for failure to provide a timely decision or response, and termination of the grievance for failure to appeal; to provide for a pool of certified hearing officers for employee grievances; to prohibit relief which cannot reasonably be granted or is unduly burdensome; to provide for disciplinary action for retali ation, harassment, or false or misleading information; to authorize different procedures for unlawful discrimination complaints; to provide for construction; to change certain duties of the".
By striking in its entirety line 18 of page 1 and inserting in lieu thereof the following:
"provide for rules, regulations, and penalties; to provide an effective date; to provide".
By inserting after line 40 of page 4 the following:
"SECTION 4.
Said title is further amended by inserting a new Code section at the end of Article 1 of Chapter 20 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.

TUESDAY, MARCH 14, 1995

1651

(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. Board rules shall incorporate the admissibility of patterns of actions resulting in grievances. Except as provided elsewhere in this Code section, the personnel office shall determine 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 griev ance to a trained mediator who is not an employee of the same department as the ag grieved employee. Should mediation fail to achieve a resolution to the grievance, the aggrieved employee may reinstate his or her grievance at the second step of the griev ance procedure.
(e)(l) The rules of the State Personnel Board regarding employee grievances shall pro vide for a second step in the grievance procedure. After the personnel 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. Supervi sory employees, aggrieved employees, participants in a group grievance, and witnesses or other persons named or referred to in the written grievance shall not serve on the committee. One member of the committee shall be designated by the aggrieved em ployee, and one member of the committee shall be designated by the management offi cial 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 aggrieved employee. The third member of the committee shall be a certified hearing officer 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 certi fied 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 member of the committee. The third member of the committee sAia.ll 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. If there is no timely appeal of the committee's recommended 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.
(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 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.
(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 follow ing 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

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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) The rules of the board shall establish a time period for response, decision, or recom mendation and appeal for each step of the grievance procedure.
(j) 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. Relief which cannot be reason ably granted by the department or which imposes an undue burden or significant finan cial cost upon the department or upon state government shall not be granted at any step of the process. The department may apply for and the commissioner may grant continu ances for unforeseen contingencies.
(k) Any state officer, supervisor, management representative, or employee who know ingly supplies false or misleading information in a grievance or who attempts to harass, intimidate, or retaliate against any employee, state officer, supervisor, or management representative 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.
(1) 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.
(m) 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.
(n) This Code section shall not be construed to grant to any employee a right or cause of action against the state or any department, authority, commission, bureau, agency, board, or political subdivision of the state not otherwise granted by law or to 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 employees. The state shall not incur any legal liability in the administration of the grievance procedure provided in this Code section. This Code section shall not be claown.s't"rued to limit or abrogate any remedy or relief otherwise available or authorized by
By renumbering Section 4 as Section 5.
By inserting after line 4 of page 7 the following:
"SECTION 6.
(a) Section 4 of this Act shall become effective on January I, 1996.
(b) Except as provided in subsection (a) of this section, this Act shall become effective on July 1, 1995."

TUESDAY, MARCH 14, 1995

1653

By renumbering Section 5 as Section 7.

House amendment #2: Amend SB 133 by striking in their entirety lines 3 through 7 of page 1 and inserting in lieu thereof the following:
"service and to provide for exceptions; to amend". By striking in their entirety lines 23 through 34 of page 1 and lines 1 through 3 of page 2. By renumbering Section 3 as Section 2. By striking in its entirety line 16 of page 3 and inserting in lieu thereof the following:
"Code Section 35-2-12 and Chapter 25 of this title, such Such rules and". By renumbering Section 4 as Section 3. By striking in its entirety line 7 of page 5 and inserting in lieu thereof the following:
"this chapter or Code Section 35-2-12 and provide penalties for prohibited". By renumbering Section 5 as Section 4.

House amendment #3:
Amend SB 133 by striking lines 8 through 12 of page 6 and inserting in lieu thereof the following:
"(2) Collecting political contributions from state employees;".

House amendment # 4: Amend SB 133 as follows: On Page 2, delete Section 2 in its entirety. Renumber subsequent sections accordingly.

House amendment # 5:
Amend SB 133 on Page 1, by striking "to amend" on line 7; by striking Lines 8 through 12 ending with the word "Paroles;" on line 12.

House amendment #6: Amend SB 133 by renumbering: Section 3, Section 1
Section 4, Section 2 Section 5, Section 3

Senator Henson of the 55th moved that the Senate agree to the House amendments to SB 133.

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 Broun of 46th Brown of 26th Cagle Cheeks Crotts Dean Egan Gillis Griffin

Harbison Henson Hill Hooks James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver

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

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Bowen Burton Clay Day Edge

Farrow Glanton Gochenour Guhl Isakson Johnson of 1st

McGuire Newbill Pollard Ralston Tysinger

On the motion, the yeas were 39, nays 17; the motion prevailed, and the Senate agreed to the House amendments to SB 133.
The following bill was taken up to consider House action thereto:

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.

The House amendments were as follows:
House amendment, (Banner) #1:
Amend SB 375 by inserting on line 17 on page 1, immediately following the word and sym bol "action;", the following:
"to provide for buffers along certain trout streams for single-family home construction; to provide an effective date;"
By striking lines 40 and 41 on page 6 and inserting in lieu thereof the following:
"Said title is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 12-7-17, relating to exemptions from Chapter 7 of Title 12, and inserting in lieu thereof the following:
'(4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a larger project and not otherwise exempted under this para graph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6. For singlefamily residence construction covered by the provisions of this paragraph, there shall be a butter zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title, in any such buffer zone, no land-dis turbing activity shall be constructed between the residence and the point where vegeta tion has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the butter zone shall be at least SO horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the butter shall be at least 25 horizontal feet, and no variance to a smaller butter shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph and that such requirements shall be enforced by the issuing authority;'

TUESDAY, MARCH 14, 1995

1655

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.".

House amendment #2:
Amend the Hanner amendment to SB 375
As follows:
By striking on line 17, page 1 the words "larger project" and insert in their place the words "platted subdivision, a planned community, or an association of other residential lots con sisting of more than two lots"

House amendment #3: Amend SB 375 as follows:

On page 5, line 5 strike the word "waters" and replace with the word "streams"

Senator Madden of the 47th moved that the Senate agree to the House amendments to SB 375.

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 Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Harbison Henson Hill 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

Voting in the negative were Senators Brown of the 26th and Guhl.

Those not voting were Senators:

Abernathy Hooks (excused)

Johnson of 2nd

Walker (excused)

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House amendments to SB 375.
The Calendar was resumed.

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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.
The Senate Rules Committee offered the following amendment:
Amend SR 297 by striking the word "ten" on line 32 on page I and inserting in lieu thereof the word "five".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call 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 Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin 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 Stokes Tanksley Thomas Thompson Turner Tysinger

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Black Blitch

Clay Hooks (excused)

Taylor Walker (excused)

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.
Time having arrived to entertain the reconsideration motion, Senator Gochenour of the 27th moved that the Senate reconsider its action previously today in passing the following bill of the House:

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.

TUESDAY, MARCH 14, 1995

1657

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Cagle
Clay Crotts Day

Edge Egan Glanton Gochenour
Guhl Isakson Kemp

Land McGuire Newbill Ralston
Ray Tanksley Tysinger

Those voting in the negative were Senators:

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

Henson
Hill James Johnson of 2nd Johnson of 1st Langford Madden Marable Middleton Oliver

Perdue
Pollard Ragan Scott Slotin Starr Stokes Thomas Thompson Turner

Those not voting were Senators:

Blitch Hooks (excused)

Taylor

Walker (excused)

On the motion, the yeas were 21, nays 31; the motion was lost and the Senate did not reconsider its action in passing HB 441.
The Calendar was resumed.

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.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Committee on Youth, Aging and Human Ecology offered the following amendment:
Amend HB 557 by striking "department" and inserting "department State Board of Nurs ing Home Administrators" on line 6 of page 2.
Senators Thompson of the 33rd, Dean of the 31st and Farrow of the 54th offered the following amendment:
Amend HB 557 by adding immediately following liability;" on line 8 of page 1 the following:
"to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of nursing home administrators, so as to change the name and composi tion of the regulatory board for such administrators and provide for vacancies thereon;".
By striking "department" and inserting "department State Board of Nursing Home Over sight and Licensure" on line 6 of page 2.

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By striking "14" and inserting "seven" on line 8 of page 2.
By striking "seven" and inserting "three" on line 8 of page 2.
By adding between lines 5 and 6 of page 5 the following:
"SECTION 3.1.
Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by striking paragraph (1) of Code Section 43-27-1, relat ing to definitions, and inserting in its place the following:
'(1) "Board" means the State Board of Nursing Home Administrators Oversight and Licensure.'
SECTION 3.2.
Said chapter is further amended by striking Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators, and inserting in its place the following:
'43-27-2.
(a) There is created the State Board of Nursing Home Administrator!; Oversight and Licensure, which shall consist of i3 17 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources or his or her designee, who shall serve as ex officio member of the board, and the commissioner of medical assistance or his or her designee, who shall serve as ex officio member of the board. The Thirteen members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be ap pointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in ap pointing the third member for one of these three public-at-large positions;
(5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home administra tor or pecuniarily interested in any nursing home; and
(6) Six members, at least one of whom shall represent nonproprietary nursing homes who are licensed nursing home administrators in this state.
Two members of the board shall be appointed by the Lieutenant Governor, one of whom shall be a nursing home administrator and the other of whom shall not be a nursing home administrator or pecuniarily interested in any nursing home. Two members of the board shall be appointed by the Speaker of the House of Representatives, one of whom shall be a nursing home administrator and one of whom shall not be a nursing home administrator or pecuniarily interested in any nursing home'
(b) The term for all members shall be three years from the date of appointment. A mem ber may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Oovemui in the same manner as the original appointment for the unexpired terms in accordance with the requirements for appointment to the vacant position.'"
Senator Newbill of the 56th moved that HB 557 be placed on the Table.

TUESDAY, MARCH 14, 1995

1659

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

Those voting in the affirmative were Senators:

Black Broun of 46th Cagle Cheeks Crotts Day Egan Glanton Gochenour

Guhl Harbison Hill Isakson James Land McGuire Newbill

Oliver Pollard Ragan Slotin Stokes Tanksley Taylor Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Clay Dean Edge

Farrow Gillis Griffin Henson Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable

Middleton Perdue Ralston Ray Scott Starr Thomas Thompson Turner

Those not voting were Senators:

Hooks (excused)

Walker (excused)

On the motion, the yeas were 25, nays 29, and the motion was lost.

On the adoption of the committee amendment, 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 Clay Crotts Day Dean Edge

Farrow Gillis Glanton Gochenour Griffin Henson Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden

McGuire Middleton Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Thompson Turner Tysinger

Those voting in the negative were Senators:

Black Cheeks Egan Guhl

Harbison Land Newbill Oliver

Stokes Tanksley Thomas Walker

Those not voting were Senators:

Brown of 26th Hill

Hooks (excused) Marable

Taylor

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JOURNAL OF THE SENATE

On the adoption of the committee amendment, the yeas were 39, nays 12, and the amendment was adopted.
On the adoption of the Thompson, et al. 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 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

Farrow Gillis Glanton Gochenour Griffin Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Langford Madden McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Scott Starr Tanksley Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brown of 26th Egan Guhl

Harbison Land Oliver

Slotin Stokes Taylor

Those not voting were Senators:

Hooks (excused)

Marable

Thomas

On the passage of the bill, the yeas were 44, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. The following bills were taken up to consider House action thereto:

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.
Senator Perdue of the 18th moved that the Senate adhere to its substitute and that a Conference Committee be appointed to confer with a like committee on the part of the House.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 62 and the President appointed as a Committee of Conference on the part of the Senate the following: Senators Perdue of the 18th, Isakson of the 21st and Langford of the 29th.

TUESDAY, MARCH 14, 1995

1661

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 erer to the insured.
Senator Ray of the 19th moved that the Senate adhere to its amendment and that a Conference Committee be appointed to confer with a like committee on the part of the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its amendment to HB 375 and the President appointed as a Committee of Conference on the part of the Senate the following: Senators Ray of the 19th, Marable of the 52nd and Walker of the 22nd.
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 8:14 P.M.

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Senate Chamber, Atlanta, Georgia Wednesday, March 15, 1995 Thirty-ninth 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 resolutions were introduced, read the first time and referred to committee:

SR 333. By Senator Tysinger of the 41st: A resolution creating the Senate Mathematics and Science Residence School Study Committee.
Referred to Committee on Rules.
SR 334. By Senators Gillis of the 20th, Starr of the 44th, Dean of the 31st and others: A resolution creating the Senate Atlanta Motor Speedway Traffic Study Com mittee.
Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Rules has had under consideration the following resolutions of the
Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 321. Do pass. SR 322. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1031. Do pass.

HB 1017. Do pass.

HB 1029. Do pass.

HB 1002. Do pass.

HB 1023. Do pass.

HB 1007. Do pass.

HB 1022. Do pass.

HB 1001. Do pass.

HB 1021. Do pass.

HB 995. Do pass.

HB 1020. Do pass.

HB 956. Do pass.

HB 1019. Do pass by substitute.

HB 936. Do pass.

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HB 1018. Do pass by substitute.

HB 888. 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 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 Slotin Starr Stokes
Tanksley Taylor Thomas
Tysinger

Those not answering were Senators:

Abernathy Broun of 46th Johnson of 2nd

Kemp Scott Thompson

Turner 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 served as chaplain of the day.

The following resolutions were read and adopted:

SR 330. By Senator Balfour of the 9th:
A resolution recognizing and commending the South Gwinnett High School girls' basketball team.

SR 331. By Senator Balfour of the 9th: A resolution commending Mr. Paul Gilleland.

SR 332. By Senators Henson of the 55th, Scott of the 36th, Stokes of the 43rd and others: A resolution expressing regret at the passing of Virginia E. "Ginny" Montes.

SR 335. By Senators Gillis of the 20th, Dean of the 31st and Broun of the 46th: A resolution commending Laura Lynn Newbern.

SR 337. By Senators Tysinger of the 41st and Burton of the 5th: A resolution commending the Dunwoody High School boys' basketball team.

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SR 338. By Senator McGuire of the 30th: A resolution commending Jennifer Todd.
SR 339. By Senator McGuire of the 30th: A resolution commending Carla Cook.
SR 340. By Senator McGuire of the 30th: A resolution commending Jennifer Richardson.
SR 341. By Senator McGuire of the 30th: A resolution commending Amanda Samples.
SR 342. By Senator McGuire of the 30th: A resolution commending Sarah Raper.
SR 343. By Senator McGuire of the 30th: A resolution commending Julie Palmer.
The following resolution was read and adopted:
SR 336. By Senator Ray of the 19th: A resolution commending the Dodge County High School boys' basketball team.
Senator Ray of the 19th introduced the Dodge County High School boys' basketball team and coach.
The following resolution was read and put upon its adoption:
HR 535. By Representative Twiggs of the 8th: A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.
Senator Middleton of the 50th offered the following amendment: Amend HR 535 by inserting on line 27 of page 1 before the word "that" the following:
"that this body hereby strongly urges". By striking the word "directed" on line 30 of page 1 and inserting in lieu thereof the word "urged".
The amendment offered by Senator Middleton of the 50th was adopted. The resolution was adopted as amended.

WEDNESDAY, MARCH 15, 1995

1665

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, March 15, 1995
THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1031 Ray, 19th CITY OF HAZLEHURST
Amend an Act providing a new charter for the City of Hazlehurst, so as to pro vide for a change of duties, work hours, and compensation of the mayor of said city.
HB 1029 Middleton, 50th CITY OF BLAIRSVILLE/UNION COUNTY
Amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property.
HB 1023 Crotts, 17th Guhl, 45th ALCOVY JUDICIAL CIRCUIT
Amend an Act creating the Alcovy Judicial Circuit so as to change the salary supplement for each superior court judge.
HB 1022 Boshears, 6th BACON COUNTY
Amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, so as to change the compensation of the chairperson and mem bers of the board of commissioners.
HB 1021 Boshears, 6th PIERCE COUNTY
Amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for definitions and inclusions of parts of commissioner districts.
HB 1020 Boshears, 6th PIERCE COUNTY
Amend an Act providing for the composition and selection of the board of educa tion of Pierce County so as to change the descriptions of the education districts of the board.
*HB 1019 Griffin, 25th PUTNAM COUNTY
An Act to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes. (SUBSTITUTE)

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*HB 1018 Griffin, 25th BALDWIN COUNTY
An Act to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes. (SUBSTITUTE)
HB 1017 Hooks, 14th CITY OF LEESBURG
Amend an Act to create a new charter for the City of Leesburg, so as to describe the corporate boundaries of such city.
HB 1002 Ray, 19th DODGE COUNTY
An Act to create the Heart of Georgia Regional Airport Authority.
HB 1007 Madden, 47th TOWN OF BOWERSVILLE
An Act to provide a new charter for the Town of Bowersville.
HB 1001 Ray, 19th DODGE COUNTY
An Act to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.
HB 995 Thompson, 33rd Tanksley, 32nd CITY OF SMYRNA
Amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on un paid ad valorem.
HB 956 Hooks, 14th MACON COUNTY
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 936 Balfour, 9th Day, 48th CITY OF LAWRENCEVILLE
Amend an Act incorporating the City of Lawrenceville so as to deannex and ex clude certain property from the corporate limits of such city.
HB 888 Walker, 22nd BURKE COUNTY
Amend an Act creating the State Court of Burke County, so as to change the compensation of the judge of such court.

WEDNESDAY, MARCH 15, 1995

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The substitutes to the following bills were put upon their adoption:
*HB 1018:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1018:
A BILL
To be entitled an Act to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the proce dures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1.
For purposes of this part, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county pur poses levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2.
Each resident of Baldwin County is granted an exemption on that person's homestead from all Baldwin County ad valorem taxes for county purposes the following amounts:
(1) For the taxable year beginning on January 1,1997, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1,1998, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1,1999, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the as sessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3.
The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

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SECTION 4.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
SECTION 6.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.
SECTION 7.
The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.
SECTION 8.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that elec tion as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 1 of an Act be approved which provides for a homestead exemption ( ) NO of Baldwin County ad valorem taxes for county purposes in the amount of
$10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"
All persons desiring to vote for approval of this part 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 this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1996. If Sections 1 through 7 of this part are not so ap proved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Part 2
SECTION 9.
For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the Baldwin County school district includ ing, but not limited to, taxes to retire school bond indebtedness.

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(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 10.
Each resident of the Baldwin County school district is granted an exemption on that per son's homestead from all Baldwin County school district ad valorem taxes for educational purposes in the following amounts:
(1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the as sessed value of that homestead.
The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 11.
The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 12.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 13.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.
SECTION 14.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County school district ad valorem taxes for educa tional purposes.
SECTION 15.
The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.
SECTION 16.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Baldwin County school district

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for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1997, state-wide general election and shall issue the call and con duct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 2 of an Act be approved which provides for a homestead exemption ( ) NO of Baldwin County school district ad valorem taxes for educational purposes
in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"
All persons desiring to vote for approval of this part 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 this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Parts
SECTION 17.
Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was
adopted. *HB 1019:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1019:
A BILL To be entitled an Act to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the proce dures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1.
For purposes of this part, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county pur poses levied by, for, or on behalf of Putnam County including, but not limited to, taxes

WEDNESDAY, MARCH 15, 1995

1671

to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes.
(2) "Homestead" means homestead as denned and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2.
Each resident of Putnam County is granted an exemption on that person's homestead from all Putnam County ad valorem taxes for county purposes the following amounts:
(1) For the taxable year beginning on January 1,1997, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the as sessed value of that homestead.
The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3.
The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
SECTION 6.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County ad valorem taxes for county purposes.
SECTION 7.
The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.
SECTION 8.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Putnam County for approval or

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rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that elec tion as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 1 of an Act be approved which provides for a homestead exemption ( ) NO of Putnam County ad valorem taxes for county purposes in the amount of
$10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"
All persons desiring to vote for approval of this part 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 this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 1 through 7 of this part are not so ap proved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Part 2
SECTION 9.
For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the Putnam County school district includ ing, but not limited to, taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvement located on the real property.
SECTION 10.
Each resident of the Putnam County school district is granted an exemption on that per son's homestead from all Putnam County school district ad valorem taxes for educational purposes in the following amounts:
(1) For the taxable year beginning on January 1,1997, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1,1998, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the as sessed value of that homestead.
The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.

WEDNESDAY, MARCH 15, 1995

1673

SECTION 11.
The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 12.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 13.
The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.
SECTION 14.
The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County school district ad valorem taxes for educational purposes.
SECTION 15.
The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.
SECTION 16.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Putnam County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and con duct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 2 of an Act be approved which provides for a homestead exemption ( ) NO of Putnam County school district ad valorem taxes for educational purposes in
the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"
All persons desiring to vote for approval of this part 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 this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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Part 3

SECTION 17.

Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute the yeas were 48, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston
Ray Scott Slotin Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Black Edge

Hill Perdue Starr

Thompson Walker

On the passage of all the local bills, the yeas were 48, -nays 0.
All the bills on the Senate Local Consent Calendar, except HB 1018 and HB 1019, having received the requisite constitutional majority, were passed.
HB 1018 and HB 1019, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Wednesday, March 15, 1995 THIRTY-NINTH LEGISLATIVE DAY

HR 195 Old Milton Parkway; designate (Trans--21st) Burkhalter--41st
HR 358 Rabun County; lease property (Substitute) (F&PU--29th) Twiggs--8th
HR 293 Eddie Eagle Gun Safety Program; urge school systems adopt (Ed--52nd) Streat--167th

WEDNESDAY, MARCH 15, 1995

1675

HR 448 "Walter E. Cox Parkway"; designate (Trans--8th) Bates--179th
HR 382 "Women's History Month"; designate March, 1995 (Rules--36th) Orrock--56th
HR 233 Private Lucy Matilda Gauss Bridge; designate (Trans--19th) Streat--167th
HR 276 James Cecil Harper, Jr., Bridge; designate (Trans--19th) Streat--167th
HR 21 Denmark Groover, Jr., Hospital; designate (SLGO-G--18th) Walker--141st
HB 616 Health insurance; requirements (Substitute) (I&L--24th) Lord--121st
HB 440 Reapportionment; House of Representatives; Districts 128/139/141 (Reappor-- 7th) Watson--139th
HB 790 Ad valorem tax; airport property; more than one county (F&PU--18th) Walker--141st
HR 324 Georgia Future Communities Commission; create (Rules--36th) Walker--141st
HB 60 Legislative Services Committee; membership (Substitute) (Rules--18th) Walker--141st
HB 229 Parolees; condition of parole; GED equivalency diploma (Amendment) (Corr-- 27th) Simpson--101st (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 14, 1995.)
HR 501 John R. McKinney Medal of Honor Highway; designate (Trans--4th) Lane-- 146th
HB 72 Child support; revise method of calculation (Substitute) (Amendment) (Judy-- 24th) Randall--127th
HB 70 Uniform rules of the road; pedestrian right-of-way (Amendment) (Trans--55th) Hegstrom--66th
HB 755 Ad valorem tax; standing timber; millage rate (F&PU--20th) Royal--164th
HB 287 North Georgia College; Reserve Officers' Training Corps; tuition (H Ed--25th) Purcell--9th
HB 704 Juries; amend provisions; divorce; alternative dispute resolution (Substitute) (Judy--37th) Cox--160th
HB 255 Driver's license reinstatement; fee (Pub Saf--19th) Parham--122nd
HB 233 Budgetary responsibility Oversight Committee; members (Substitute) (Approp--14th) Coleman--142nd
HB 285 Physicians' assistants; additional duties (H&HS--22nd) Martin--47th
HB 406 Education; Professional Standards Commission; executive secretary (Substi tute) (Ed--56th) Godbee--145th
HB 520 Abuse of dead body; define offense (Substitute) (S Judy--40th) White--161st
HB 524 Income tax credit; rural physicians (F&PU--7th) Golden--177th

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HB 570 AFDC recipients; Jobs First Program; employers' tax credit (Amendments) (H&HS--55th) Lucas--124th
HB 301 Municipal court judges; residency requirement (Substitute) (Judy--51st) Camp bell--42nd
HB 374 Brewpub; licensing provisions (C Aff-- 55th) Ashe--46th
HB 288 Certain purchases; state of emergency; Emergency Management Agency (Amendment) (SLGO-G--10th) Snow--2nd
HB 365 QBE; advanced placement exam fees; private schools (Substitute) (Ed--4th) Skipper--137th
HB 401 Wildlife; feeding or baiting alligators; prohibit (Nat R--20th) Purcell--147th
HB 558 Indigent and elderly; Alzheimer's disease; disclosure of information (Substitute) (Amendment) (H&HS--25th) Sherrill--62nd
HB 516 Tickets; unlawful sales; surcharges on sales (Substitute) (C Aff--18th) Powell-- 23rd
HB 145 Schools; certain students; disciplinary sanctions (Ed--50th) Buckner--95th
HB 581 Judicial sales; legal ads; statutory rates (Judy--42nd) Walker--141st
HB 579 Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions (I&L--29th) Lane--146th
HB 678 Teachers; national certification; salary increase (Ed--50th) Baker--70th
HB 626 Insurance agents, subagents, counselors, and adjusters; licensing services; costs (Substitute) (I&L--26th) Heard--89th
HB 338 Evidence; witness fees and mileage (Substitutes) (S Judy--6th) Barnes--33rd
HB 627 Guilty but mentally ill; transfer of plea; county of arrest (Substitute) (S Judy-- 28th) Chambless--163rd
HB 271 Amusement and carnival rides; amend provisions (EDT&CA--41st) Orrock-- 56th
HB 389 State-owned marshland; lease authorization (Amendment) (Nat R--3rd) Bor deaux--151st
HB 483 Judges/Probate Courts Retirement Fund; redefine surviving spouse (Ret--10th) Jenkins--110th
HB 484 Judges/Probate Courts Retirement Fund; vesting (Ret--10th) Jenkins--110th
HB 290 Certain crimes against children; pretrial discovery; depositions of (Substitute) (Judy--54th) Poston--3rd
HB 610 DUI breath test; two sequential breath samples required (S Judy--28th) Baker--70th)
HB 39 Motor fuel; transport truck delivery; certain vehicles (Substitute) (Trans--33rd) Royal--164th

WEDNESDAY, MARCH 15, 1995

1677

HR 437 Harold G. Clarke Parkway; designate (Trans--27th) Jenkins--110th
HR 438 Benson Ham Road; designate (Trans--27th) Jenkins--110th
HR 388 Worth County; convey property (F&PU--13th) Holland--157th
HB 511 Length of certain loads of wood products; extend (Trans--51st) Floyd--138th
HB 530 Torts; certain good faith actions; liability (Judy--16th) Floyd--138th
HB 413 Offenses bailable only before superior court judge; stalking and aggravated stalking (Judy--42nd) Mueller--152nd
HB 415 Aggravated stalking; violation of peace bond (Substitute) (Judy--42nd) Muel ler--152nd
HR 417 Joint Study Committee on School Construction; create (Rules--36th) Mosley-- 171st
HR 280 Conference of the States; call (Amendment) (Rules--36th) Felton--43rd
HB 601 State and certain other vehicles; permanent license plates (Trans--33rd) Snow--2nd
HB 480 Property in custody of law enforcement agency; certain sales in lots (Pub Saf-- 45th) Snow--2nd
HR 95 Aged and Disabled Transportation Task Force; recreate (Rules--4th) Snow-- 2nd
HB 609 Motor carriers of property or persons; amend provisions (Amendment) (Trans-- 18th) Watson--139th
HB 299 Land use restrictions; breach of covenant; statute of limitations (S Judy--40th) Campbell--42nd
HR 419 Bartow County; convey property (F&PU--52nd) Cummings--27th
HB 248 Probate Judges Training Council; change name from Executive Probate (Judy-- 24th) Channell--lllth
HB 605 County officers; employment of attorneys; fees (Substitute) (Judy--16th) Barnes--33rd
HB 76 Drugs and terroristic acts; prohibit dissemination by computer (Substitute) (Judy--3rd) Wall--82nd
HR 420 Joint Study Committee on DeKalb County's Form of Government; create (Rules--36th) Teper--61st
HB 326 Professions and businesses; licensing; amend provisions (Substitute) (Judy-- 42nd) Skipper--137th
HB 155 Child abuse; amend provisions; define sexual abuse (Substitute) (Judy--42nd) Cox--160th
HB 456 Raffles; tax-exempt organizations; authorization (Substitute) (C Aff--44th) Bai ley--93rd

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SR 321 Honorable Leroy R. Johnson--placement of portrait in Capitol (Rules--38th)
HB 409 Law enforcement vehicle; pursuing suspect; death or injury to third party (Sub stitute) (Judy--54th) Twiggs--8th
HB 214 Certain public employees; termination settlement agreement (SLGO-G--10th) Stancil--16th
HB 593 Firemen's Pension Fund; redefine insurance rating standards (Ret--34th) Cummings--27th
HB 222 Delinquent or unruly male child; court-ordered haircut (Judy--4th) Purcell-- 147th
HR 122 State museum and State Library Study Commission; create (Rules--42nd) Walker--141st
HB 662 Public retirement systems; trustees; invest in corporations (Substitute) (F&PU--23rd) Cummings--27th
HB 677 Motor vehicles; self-insurance; cash deposits (I&L--56th) Barnes--33rd
SR 322 Senate Advisory Commission to City of Atlanta Freaknik--create (Rules--38th)
HB 153 Absentee elector; redefine; care of disabled person (SLGO-G--34th) Smith-- 175th
HB 523 Unpaid ad valorem taxes; waive certain interest (F&PU--54th) Kinnamon-- 4th
HB 87 Firearms; use in commission of crime by felon (S Judy--37th) Coker--31st
HR 231 Carroll County; convey property; accept property (Substitute) (F&PU--54th) Simpson--101st
HB 641 Transportation, State Board; expenses incurred as representative (Substitute) (Trans--33rd) Benefield--96th
SR 264 Rules of the Senate--amend (Rules--36th)
HR 335 Pelham, City of; lease property (F&PU--13th) Royal--164th
HB 340 Motor vehicle used in burglary or armed robbery; forfeiture (Substitute) (S Judy--28th) Barnes--33rd
SR 86 Boat Safety Study Committee--create (Amendment) (Rules--28th)
SR 204 Education--encourage community service by high school students (Ed--25th)
SR 254 Study Committee on Voluntary Alcoholic Beverage Responsible Vendor Train ing Program--create (Rules--5th)
HB 717 Vehicles and loads; width over 16 feet; emergency permit (Trans--33rd) Bene field--96th
SR 242 Truck Weights--urge federal action to allow uniform scale tolerances (Trans-- 19th)

WEDNESDAY, MARCH 15, 1995

1679

SR 265 Senate Study Committee on Solid Waste Reduction--create (Amendment) (Rules--35th)
HR 79 Lake Oconee Parkway; designate (Trans--25th) Channell--lllth
HR 291 Bartow Gibson Highway; designate portion of State Highway 285 (Trans--llth) Cox--160th 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:

HR 195. By Representative Burkhalter of the 41st:

A resolution designating the Old Milton Parkway. Senate Sponsor: Senator Newbill of the 56th.

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 Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th Edge Egan

Guhl Hooks Johnson of 2nd Middleton

Perdue Starr Thompson Walker

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

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. Senate Sponsor: Senator Langford of the 29th.
Senator Langford of the 29th moved that HR 358 be placed on the Table.

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On the motion, the yeas were 30, nays 0; the motion prevailed, and HR 358 was placed on the Table.

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.
Senate Sponsor: Senator Marable of the 52nd.

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

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

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Newbill Perdue Pollard Ragan Ralston Ray
Starr Thompson Turner
Tysinger

Those voting in the negative were Senators:

Harbison Oliver

Slotin Stokes

Thomas

Those not voting were Senators:

Abernathy Blitch Brown of 26th Clay

Edge Hooks Middleton Scott

Tanksley Taylor Walker

On the adoption of the resolution, the yeas were 40, nays 5. The resolution, having received the requisite constitutional majority, was adopted.

HR 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". Senate Sponsor: Senator Turner of the 8th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, MARCH 15, 1995

1681

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 Guhl Henson Hill Hooks
Isakson Johnson of 2nd Johnson of 1st Kemp
Langford Madden McGuire Middleton

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

Those not voting were Senators:

Abernathy Harbison James

Land Marable

Taylor Walker

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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".
Senate Sponsor: Senator Scott of the 36th.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears 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 Langford
Madden McGuire

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

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Those not voting were Senators:

Abernathy Bowen Glanton

Land Marable Starr

Taylor Walker

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

HR 233. By Representative Streat of the 167th:

A resolution designating the Private Lucy Matilda Gauss Bridge. Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

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

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 Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Edge Glanton Land

Starr Walker

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

HR 276. By Representative Streat of the 167th:

A resolution designating the James Cecil Harper, Jr. Bridge. Senate Sponsor: Senator Ray of the 19th.

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

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

Those voting in the affirmative were Senators:

Balfour Black Blitch

Boshears Broun of 46th Burton

Cagle Cheeks Clay

WEDNESDAY, MARCH 15, 1995

1683

Crotts Day Edge Egan Farrow Gillis Gochenour Griffin Harbison Henson Hill Hooks Isakson

James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable McGuire Newbill Perdue Pollard Ragan

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

Those not voting were Senators:

Abernathy Bowen Brown of 26th Dean

Glanton Guhl Land

Middleton Oliver Walker

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

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.
Senate Sponsor: Senator Perdue of the 18th.

Senator Madden of the 47th offered the following amendment:

Amend HR 21 by adding on page 1, beginning at line 30 the following:
"BE IT FURTHER RESOLVED that the State Board of Technical and Adult Education is encouraged to recognize the many contributions made by this outstanding individual in support of technical and adult education by designating the academic building of the Elbert County campus of the Athens Area Technical Institute as the 'Charles W. Yeargin Building1 ."
Renumber accordingly.
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:

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

Day Dean Egan Farrow Gillis Glanton Gochenour Griffin Guhl

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

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Langford Madden Marable McGuire Middleton Newbill Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr

Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Boshears

Crotts Edge Henson

Oliver Thomas

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Isakson of the 21st assumed the Chair.

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.
Senate Sponsor: Senator Pollard of the 24th.

The Senate Committee on Insurance and Labor offered the following substitute to HB 616:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide requirements for health insurance con tracts; to provide for the modification of certain health insurance contracts; to impose cer tain requirements on health insurers; to provide for the termination of coverage; to provide requirements for the continuity of coverage; to provide for conversion policies to be issued under certain circumstances; to provide for statutory construction; to provide requirements for preexisting condition provisions in group policies of accident and sickness insurance; to provide for applicability; to authorize the promulgation of rules and regulations; to provide for information concerning the costs of certain health insurance coverages to be supplied to members of the General Assembly; to provide for other matters relative to the foregoing; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding to Article 1 of Chapter 24, relating to general provisions regarding insurance, a new Code section, to be designated Code Section 33-24-56, to read as follows:
"33-24-56.
(a) As used in this Code section, the term: (1) 'Insurer' means an accident and sickness insurer, fraternal benefit society, non profit hospital service corporation, nonprofit medical service corporation, health care

WEDNESDAY, MARCH 15, 1995

1685

corporation, health maintenance organization, or any similar entity and any self-in sured health care plan not subject to the exclusive jurisdiction of the Employee Retire ment Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.
(2) 'Policy' means any health care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified dis ease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy.
(b) Notwithstanding any provisions of this title which might be construed to the contrary, on and after April 1, 1996, all individual basic hospital or medical expense, major medi cal, or comprehensive medical expense insurance policies issued, delivered, issued for delivery, or renewed in this state shall provide that once an individual has been accepted for coverage, his or her coverage cannot be terminated by the insurer due solely to his or her individual claims experience.
(c) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1,1995, after notification and review of such regulation by the appropriate standing com mittees of the House of Representatives and Senate in accordance with the requirements of applicable law. Nothing in this Code section shall be construed to prohibit the Com missioner and any insurers with a desire to do so from mutually agreeing on procedures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996.
(d) Beginning April 1,1999, the Commissioner shall conduct a review of the costs associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999."
SECTION 2.
Said title is further amended by adding to Article 1 of Chapter 30, relating to general provi sions with regard to group or blanket accident and sickness insurance, a new Code section, to be designated Code Section 33-30-15, to read as follows:
"33-30-15.
(a) As used in this Code section, the term:
(1) 'Insurer' means an accident and sickness insurer, fraternal benefit society, non profit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-in sured health care plan not subject to the exclusive jurisdiction of the Employee Retire ment Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.
(2) 'Policy1 means any medical expense plan, subscriber contract, or accident and sick ness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insur ance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness policy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy.
(3) 'Similar coverage' under another health benefit plan means medical expense cover age under any of the following:
(A) Medicare or Medicaid;
(B) An employer based accident and sickness insurance or health benefit arrangement;

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(C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical ser vice corporation, health care corporation, or fraternal benefit society;
(D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement;
(E) A conversion policy; or
(F) A franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12.
(b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after April 1, 1996, all group basic hospital or medical expense, major medical, or comprehensive medical expense policies which are issued, delivered, issued for delivery, or renewed in this state shall provide the following:
(1) Subject to compliance with the provisions of subsection (c) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had simi lar coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately; and
(2) Once such similar coverage terminates, including termination of such similar cover age after any period of continuation of coverage required under Code Section 33-2421.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, member, subscriber, enrollee, or dependent.
(c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such policies may include a limitation for preexisting conditions not to exceed 12 months following the effective date of coverage; provided, however, that such policies shall waive any time period applicable to the preexisting condition exclusion or limita tion for the period of time an individual was previously covered by similar coverage.
(d) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1, 1995, after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the require ments of applicable law. Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on proce dures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996.
(e) Beginning April 1,1999, the Commissioner shall conduct a review of the costs associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999."
SECTION 3.
(a) This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval.
(b) This Act shall stand repealed in its entirety on April 1, 2000.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

WEDNESDAY, MARCH 15, 1995

1687

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

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

Those not voting were Senators:

Abernathy Edge

Isakson (presiding) Oliver

Ray Starr

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

The following bill was taken up to consider House action thereto:

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.
Senator Henson of the 55th moved that the Senate insist on its amendment to HB 477. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 477.
The Calendar was resumed.
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. Senate Sponsor: Senator Blitch of the 7th.

Senators Thompson of the 33rd and James of the 35th offered the following amendment:
Amend HB 440 by striking lines 27 through 45 on page 5 in its entirety. Senator Thompson of the 33rd asked unanimous consent that his amendment be
withdrawn.

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The consent was granted and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

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

Not voting were Senators Abernathy and Isakson (presiding).

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

The following bill was taken up to consider House action thereto:

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 victims assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for sums for filing documents, instruments, and other papers pertaining to real estate and personal property for the purpose of effectuating the provi sions of Code Section 15-5-97; to require the Georgia Superior Court Clerks' Cooperative Authority to develop an automated information system for real and personal property records; to provide for administration of funds; to provide for the powers and duties of the Georgia Superior Court Clerks' Cooperative Authority; to provide for limitations on ex penditures; to provide for related matters; to provide for penalties; to provide for an addi tional 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 district attorney and used to defray costs of victim

WEDNESDAY, MARCH 15, 1995

1689

assistance activities carried out by the district attorney's office; to provide for administra tive procedures; to provide for monetary penalties for late transfer of funds; to provide for criminal penalties for 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 Co ordinating Council, so as to reflect such functions of the council; to provide for related mat ters; to provide for an effective date and for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing subsection (f) of Code Section 15-6-77, relating to fees of clerks of the superior courts, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(l)(A)(i) Filing all instruments pertaining to real estate and personal proptii iy eAcept Q.S othei wise specified in thi& Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices; and certificates, liens on real estate and personal property, notice filings for Ufa*
Jxfi ill wulliiiiid Ci&l i_/LUG iclaLcu i cell GtbLaLc, LciA iicil&, llO&plLtll IIGJ.I&, wi'lLS Ol
iicii tdCids, iiotiCcS oi iiS jjciidciis, Wi'ittcii niiGriikktiGii oi utilities, and cancellation of deeds, liens, and wilts of fieri facias, first page .......... $4:59 9.50
Each page, after the first ............................................ 2.00
(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uni form Commercial Code related real estate, tax liens, hospital liens, writs o? fieri facias, notices of lis pendens, written information on utilities, cancella tions of liens, and writs of fieri facias, first page ...................... 4.50
Each page, after the first ............................................ 2.00
(B) Filing and indexing financing statements, amendments to financing state ments, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page ....... 10.00
Each page, after the first ............................................ 2.00
(2) Filing maps or plats, each page ...................................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned.. 4.50"
SECTION 2.
Said article is further amended by inserting new Code Sections 15-6-97 and 15-6-98 at the end thereof to read as follows:
"15-6-97.
(a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall have authority to implement rules and regulations necessary to develop the system described in this Code section.

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(b) The Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1) To provide for the collection of moneys;
(2) To manage, control, and direct such funds and the expenditures made therefrom;
(3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Coopera tive Authority in its discretion shall determine will best further the public purpose of the authority; and
(4) To exercise all other powers necessary for the development of the system provided for in this chapter. 15-6-98.
(a) The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter.
(b) From the fees enumerated in division (fXIXAHi) of Code Section 15-6-77, the Georgia Superior Court Clerks' Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected.
(c) The sums withheld pursuant to division (f)(l)(A)(i) of Code Section 15-6-77 shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority by each clerk of a superior court for the purpose of effectuating the provisions of this Code section and any other provision of law. Such fees shall be remitted not later than the tenth day of the month following the collection of such fees by the clerk of a superior court."
SECTION 3.
Said title is further amended by adding at the end of Chapter 21, relating to payment and disposition of fines and forfeitures, 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, superior court, or any municipal court of any unified or consolidated government in this state shall impose a fine, which shall be con strued 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
(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 to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same

WEDNESDAY, MARCH 15, 1995

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manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds.
(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 refuses to so remit shall be guilty of a misdemeanor."

SECTION 4.

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 as pro vided for in Article 8 of Chapter 21 of Title 15; and".

SECTION 5.

This Act shall become effective July 1, 1995. Sections 3 and 4 of this Act shall apply with respect to offenses committed on or after July 1, 1995.

SECTION 6.

Sections 1 and 2 of this Act shall stand repealed on July 1, 1996.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 114.

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 Crotts Day Dean
Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson
Hill Hooks James Johnson of 2nd

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Land Madden Marable Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Edge Isakson (presiding)

Johnson of 1st Kemp Langford

McGuire Scott Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 114.

The following bills were 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.
Senator Clay of the 37th moved that the Senate adhere to its disagreement to the House substitute to SB 156 and appoint a Conference Committee.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Clay of the 37th, Ralston of the 51st and Oliver of the 42nd.

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.

Senator Henson of the 55th moved that the Senate recede from its substitute to HB 228.

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 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
Land Madden

WEDNESDAY, MARCH 15, 1995

1693

Marable Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Johnson of 1st.

Those not voting were Senators:

Boshears Isakson (presiding)

Kemp Langford

McGuire Walker

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 228.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to HB 50 by striking lines 1 through 3 of page 1 and in serting in their place the following:
"By striking line 1 of page 1 through line 3 of page 6 and inserting in place thereof the following:
'To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to in come taxes, so as to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes; to change the method of income apportionment and allocation for certain other corporations; to provide for the use of other allocation and apportionment methods by the state revenue commis sioner under certain conditions; to provide for a method of income apportionment for cer tain corporations which transport passengers or cargo in revenue flight; to provide for definitions; to provide for computation of income; 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 paragraph (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of corporate net income for state income 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 three 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

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JOURNAL OF THE SENATE

and used in this state during the tax period and the denominator of which is the average 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 received 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 reason ably 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 compensa tion 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 everywhere 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, receipts 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;"

WEDNESDAY, MARCH 15, 1995

1695

SECTION 2.
Said chapter is further amended by striking paragraph (3) 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 new paragraphs (3) and (3.1) to read as follows:
"(3) Wlieie Except as otherwise provided in paragraph (3.1) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably ap-
J^)L)! LlGlitu Witillll ctilu. GUtSlQii LlliS St3.tc ill Llifi r&tiO LliciL Llic uU.Siil&5 Wi~tl~il.11 tlliS SLiiLt
bears to the total business of the corporation, arrived at by application of the following three 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 average 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 received 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 reason ably 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 compensa tion 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 everywhere during the tax period. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace;
(D) The property factor, payroll factor, and the gross receipts factor shall be sepa rately determined and an apportionment fraction shall be calculated using the fol lowing formula:
(i) The property factor shall represent 25 percent of the fraction;
(ii) The payroll factor shall represent 25 percent of the fraction; and

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JOURNAL OF THE SENATE

(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

traction;

"

(E) If the allocation and apportionment provisions provided for in this paragraph do
not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, with respect to all or any part of the taxpayer's business activity, if reasonable:

(i) Separate accounting;

(ii) The exclusion of any one or more of the factors;

(iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or

(iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's incomel

The denial of a petition under this paragraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;

(3.1)(A) Except as otherwise provided in this paragraph, all terms used in this para graph shall have the same meaning as such terms are defined in 49 U.S.C. Section 1301 and the United States Department of Transportation's Uniform System of Ac counts and .Reports for Large Certificated Air Carriers, 14 U.F.R. Part 241, as now or hereafter amended.

(B) Where the net business income of the corporation is derived principally from transporting passengers or cargo in revenue flight, 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 three factor formula"

(i) Revenue air miles factor. The revenue air miles factor is a fraction, the numer ator of which shall be equal to the total, for each flight stage which originates or terminates in this state, of revenue passenger miles by aircraft type flown in this state and revenue cargo ton miles by aircraft type flown in this state and the de nominator of which shall be equal to the total, for all flight stages tlown every where, of total revenue passenger miles by aircraft type and total revenue cargo ton miles by aircraft type;

(ii) Tons handled factor. The tons handled factor is a fraction, the numerator of which shall be equal to the total of revenue passenger tons by aircraft type han dled in this state and revenue cargo tons by aircraft type handled in this state and the denominator of which shall be equal to the total of revenue passenger tons by aircraft type flown everywhere and revenue cargo tons by aircraft type tlown everywhere. For purposes of this division, the term 'handled' means the product of 60 percent multiplied by the revenue passenger tons tlown on each flight stage which originates in this state or 60 percent multiplied by the revenue cargo tons flown on each flight stage which originates in this state;

(iii) Originating revenue factor. The originating revenue factor is a fraction, the
numerator of which shall be equal to the total of passenger and cargo revenue by aircraft type which is attributable to this state and the denominator ot which shall be the total of passenger and cargo revenue by aircraft type everywhere. For pur poses of this division, passenger or cargo revenue which is attributable to this
state shall be equal to the product of passenger or cargo revenue everywhere by aircraft type multiplied by the ratio of revenue passenger miles or revenue cargo ton miles in this state to total revenue passenger miles everywhere or total reve nue cargo ton miles everywhere for each aircraft type as separately determined in division (i) of this subparagraph. If records of total passenger revenue everywhere

WEDNESDAY, MARCH 15, 1995

1697

by aircraft type or total cargo revenue everywhere by aircraft type are not main tained, then tor purposes of this division, total passenger revenue everywhere for all aircraft types or total cargo revenue everywhere for all aircraft types shall be allocated to each aircraft type based on the ratio of total revenue passenger miles everywhere for that aircraft type to all aircraft types or total revenue cargo ton miles everywhere for that aircraft type to all aircraft types;
(iv) The revenue air miles factor, the tons handled factor, and the originating reve nue factor shall be separately determined and an apportionment traction shall be calculated using the following formula:
(I) The revenue air miles factor shall represent 25 percent of the fraction;
(II) The tons handled factor shall represent 25 percent of the fraction; and
(III) The originating revenue 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 3.

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 Hie lliree factor ratio in the same manner as otherwise provided in Code Section 48-7-31 for state income tax purpose's?1

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.'"
Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate amendment to HB 50.

On the motion, 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 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 Madden Marable McGuire

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JOURNAL OF THE SENATE

Middleton Newbill Perdue Pollard Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Boshears

Isakson (presiding) Langford

Oliver Ragan

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 50.

The President resumed the Chair. The Calendar was resumed.

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.
Senate Sponsor: Senator Perdue of the 18th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Madden Marable
McGuire

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

Those not voting were Senators:

Isakson Land

Langford Oliver

Ragan Walker

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

WEDNESDAY, MARCH 15, 1995

1699

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. Senate Sponsor: Senator Perdue of the 18th.

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

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

Those voting in the affirmative were Senators:

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 Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Blitch

Langford Ragan

Taylor Walker

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

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

Mr. President: The House has agreed to the Senate substitutes to the following bills of the House:

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 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.

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JOURNAL OF THE SENATE

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

WEDNESDAY, MARCH 15, 1995

1701

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.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide 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 Speaker has appointed on the part of the House, Representatives Watson of the 139th, Skipper of the 137th and Powell of the 23rd.
The House has disagreed to the Senate amendments to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bills 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.
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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JOURNAL OF THE SENATE

The House has disagreed to the Senate substitute to the following bills of the House:
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.
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.
The Calendar was resumed.
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. Senate Sponsor: Senator Perdue of the 18th.
The Senate Rules Committee offered the following substitute to HB 60:
A BILL
To be entitled an Act to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services in the General Assembly, so as to change provisions relating to the membership and officers of the Legislative Services Committee; to provide for certain additional members of the committee; to specify the officers of the committee; to change provisions relating to a quorum of the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative serv ices in the General Assembly, is amended by striking Code Section 28-4-1, relating to the Legislative Services Committee, and inserting in its place a new Code section to read as follows:
"28-4-1.
(a) There is created the Legislative Services Committee, hereinafter called the commit tee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman chairperson of the Appropriations Committee of the Senate, the chairman chairperson of the Appropriations Committee of the House of Representatives, the chaii'mari chairperson of the Judiciary Committee of the Senate, the chairman chairperson of the Judiciary Committee of the House of Representatives, the chairman chairperson of the Banking and Financial Institutions Committee of the Senate, the chaii mairchairperson of the Ways and Means Committee of the House of Representa tives, the President Pro-Tempore of the Senate, the Speaker Pro Tempore of the House of

WEDNESDAY, MARCH 15, 1995

1703

Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representa tives. The Speaker of the House of Representatives shall be chairman of the committee, and the Oeuietaiy uf the Senate shall be hecretaiy uf the cuamiiUtie chairperson of the committee and the Clerk of the House of Representatives shall be secretary of the com mittee during each odd-numbered year. The President of the Senate shall be chairperson of the committee and the Secretary of the Senate shall be secretary of the committee during each even-numbered year.
(b) The members of the committee shall receive no additional allowances for service on the committee while the General Assembly is in session; but, for each day spent in the performance of their duties under this chapter between sessions, the members shall re ceive the allowances authorized by law for legislative members of interim legislative committees.
(c) The committee shall meet at least once during each calendar quarter. Additional meetings may be held upon the call of the diaiiman chairperson or upon the call of a majority of the members of the committee. Eight Nine members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairman chairperson shall be en titled to vote on all matters requiring a vote of the committee."

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 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

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston
Ray Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Blitch Broun of 46th Glanton

Ragan Scott Starr

Taylor Walker

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

The following general bill of the House, having been read the third time and final ac tion suspended on March 14, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Gochenour of the 27th.

The amendment to HB 229 offered by Senator Clay of the 37th on March 14, as it appears in the Journal of March 14, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 36, nays 0; and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour 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 James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Slotin Starr Tanksley Thompson Turner Tysinger

Voting in the negative were Senators Abernathy and Stokes.

Those not voting were Senators:

Black Glanton
Isakson (presiding)

Perdue Scott
Taylor

Thomas Walker

On the passage of the bill, the yeas were 46, nays 2.

WEDNESDAY, MARCH 15, 1995

1705

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

HR 501. By Representative Lane of the 146th:

A resolution designating the John R. McKinney Medal of Honor Highway. 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 Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill 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

Those not voting were Senators:

Edge Glanton Hooks

Isakson Scott

Taylor Walker

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 bills of the House and Senate:

HB 1037. By Representatives Jenkins of the 110th and Birdsong of the 123rd: A bill to create a board of elections and registration for Jones County.

HB 1038. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide certain restric tions on the transfer of ownership or operation of a certain county landfill; to provide certain restrictions on the acceptance of waste generated out of the county.

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HB 1039. By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan, so as to annex certain territory into the city and change the corporate limits of the city.
HB 1040. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating a board of commissioners of White County, so as to re-create the board of commissioners.
HB 1041. By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.
HB 1042. By Representatives DeLoach of the 119th, Williams of the 114th, Howard of the 118th and Brown of the 117th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to provide requirements and procedures for the change of any symbolic color, colors, or mascot of any public school or of any athletic team of any public school of the Richmond County School District.
HB 1043. By Representative Powell of the 23rd:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, so as to change the pro visions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the probate court.
HB 1044. By Representative Powell of the 23rd:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the compensation of the tax commission-

HB 1050. By Representative Connell of the 115th:
A bill to amend an Act providing a new charter for the City of Hephzibah, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah.
HB 1051. By Representative Connell of the 115th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta.
HB 1052. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Monroe County," so as to change the amount of compensation of the chairperson and members of the board of commissioners.

WEDNESDAY, MARCH 15, 1995

1707

HB 1053. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A.
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.
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.
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.
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.
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.
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.
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.

1708

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 328. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th, Abernathy of the 38th and Thompson of the 33rd:
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.
SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend an Act 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has disagreed to the Senate substitute to the following bill of the House:
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 insists on its position in substituting the following bill of the Senate:
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 House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
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, MARCH 15, 1995

1709

The Speaker has appointed on the part of the House, Representatives Watson of the 139th, Teper of the 61st and Jenkins of the 110th.
The President announced that the Senate would stand in recess from 12:30 P.M. until 1:30 P.M.
The President called the Senate to order at 1:30 P.M.
The Calendar was resumed.
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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Judiciary Committee offered the following substitute to HB 72:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the form and contents of the final judgment and decree of divorce with regard to child support; to provide for a written finding 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; to pro vide for a written statement regarding gross income and special circumstances in agree ments of the parties; to require the trier of fact to vary the child support award from the guidelines upon a finding that enumerated special circumstances make the presumptive amount of support either excessive or inadequate; to provide that special circumstances shall include extraordinary medical costs in addition to accident and sickness or all medical costs if no insurance is available, unusually high income of either or both parties, and ex traordinary travel expenses to exercise visitation or shared physical custody; to provide editorial changes; to provide for an intention to encourage judges to require mediation in contested divorce cases; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety Code Section 19-5-12, relating to the form of final judg ment and decree of divorce, and inserting in lieu thereof the following:
"19-5-12.
A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:
FINAL JUDGMENT AND DECREE
Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage contract hereto fore entered into between and parties to this case, from and after this date, be and is

1710

JOURNAL OF THE SENATE

set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatso ever and both shall have the right to remarry.
(Where applicable, add the following.)
The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit: ________________________________________________..
The court awards custody of the children of the parties as follows: __________.
The court fixes alimony and support as follows: _____________________.

In determining child support, the court finds as follows: The gross income of the father is_________dollars monthly. The gross income of the mother is_________dollars monthly. In this case child support is being determined for_________children.

The applicable percentage of gross income to be considered is
Number of Children____________Percentage Range of Gross Income 1__________________________17 percent to 23 percent 2________________________23 percent to 28 percent 3________________________25 percent to 32 percent 4__________________________29 percent to 35 percent 5 or more___________________31 percent to 37 percent

Thus,__________

percent of______________(gross income of obligor)

equals

dollars per month.

The court has considered the existence of special circumstances and has found the fol lowing special circumstances marked with an *X' to be present in this case:
__ 1. Ages of the children_________________________________
__ 2. A child's extraordinary medical costs or needs in addition to accident and sick ness insurance, provided that all such costs or needs shall be considered if no insurance is available
__ 3. Educational costs__________________________________
__ 4. Day-care costs____________________________________ __ 5. Shared physical custody arrangements, including extended visitation____
__ 6. A party's other support obligations to another household____________
__ 7. Income that should be imputed to a party because of suppression of income
__ 8. In-kind income for the self-employed, such as reimbursed meals or a company
car____________________________________________ __ 9. Other support a party is providing or will be providing, such as payment of a
mortgage
__ 10. A party's own extraordinary needs, such as medical expenses_________ __ 11. Extreme economic circumstances including but not limited to:_________
__ (A) Unusually high debt structure; or_________________________
__ (B) Unusually high income of either party or both parties, which shall be con strued as individual gross income of over $75,000.00 per annum

WEDNESDAY, MARCH 15, 1995

1711

__ 12. Historical spending in the family for children which varies significantly from tEe percentage table

__ 13. Considerations of the economic cost-of-living factors of the community of each Party. as determined by the trier of fact

__ 14. In-kind contribution of either parent_______________________

__ 15. The income of the custodial parent________________________

__ 16. The cost of accident and sickness insurance coverage for dependent children included in the order

__ 17. Extraordinary travel expenses to exercise visitation or shared physical custody

__ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below:

Having found that no special circumstances exist, or special circumstances numbered

exist (delete the phrase which does not apply), the final award of child

support which

shall pay to

for support of the child or chil-

clren is

dollars per week/month/other period (delete those which do not

apply and insert as necessary) per child, beginning on the

day of

~

, 19 and payable thereafter on the day of until the child be

comes 18 years of age, dies, marries, or otherwise becomes emancipated, except that if

the child becomes 18 years of age while enrolled in and attending secondary school on a

full-time basis, then such support shall continue until the child completes secondary

school, provided that such support shall not be required after the child attains 20 years

of age. is ordered to provide accident and sickness insurance for the child or chil

dren for so long as he or she is obligated by this order to provide support (insert name

oTparty or delete this sentence if the order does not include provision for insurance).

fWhere applicable, the court shall also include in the order the provisions of Code Sec

tion 19-6-30 concerning continuing garnishment for support and language in compli

ance with Code Section 19-6-32 concerning income deduction orders.)

Decree and order entered this _______ day of ______________, 19__.

Judge, Superior Court"
SECTION 2.
Said title is further amended by striking in its entirety Code Section 19-6-15, relating to the computation of child support awards in the final verdict or decree, and inserting in its place a new Code Section 19-6-15 to read as follows:
"19-6-15.
(a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also determine whether the accident and sick ness insurance for the child or the children involved is reasonably available at reasonable costs through employment related employment related or other group health insurance policies to an obligor. For purposes of this Code section, accident and sickness coverage shall be deemed available if the obligor has access to any policy of insurance authorized under Title 33 through an employer or other group health insurance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness

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JOURNAL OF THE SENATE

insurance for the child or children reasonably available at reasonable costs through enr= ploymeiit related employment related or other group health insurance policies, then the court may order that the child or children be covered under such insurance and the obli
gor contribute as part of the child support order such part of the cost of providing such insurance or such part of any medical expenses incurred on behalf of the child or children
not covered by such insurance as the court may deem equitable or appropriate. If cur rently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is pro vided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence of absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section btrt and the jury shall not be required to return a special interro gatory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circum stances. Furthermore, nothing contained within this Code section shall prevent the par ties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section; provided, however, any such agreement of the parties shall include a
written statement regarding the gross income of the father and the mother and the pres ence or absence of special circumstances in accordance with subsection (c) of this Code
section.

(b) The child support award shall be computed as provided in this subsection:

(1) Computation of child support shall be based upon gross income;

(2) For the purpose of determining the obligor's child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for per sonal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;

(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;

(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and

(5) The amount of the obligor's child support obligation shall be determined by multi plying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable percentages of
gross income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

Application of these guidelines shall create a rebuttable presumption that the amount of the support awarded is the correct amount of support to be awarded. A written finding or specific finding on the record for the award of child support that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case. Findings that rebut said presumption must state the

WEDNESDAY, MARCH 15, 1995

1713

amount of support that would have been required under the guidelines and include justi fication of why the order varies from the guidelines. These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact may shall very the final award of child support, up or down, uut&ide from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of that the presence of one or more of the following special circumstances makes the presumptive amount of support either excessive or inadequate? The special
01 JU&tiCc.i3OIHc 01 Lliti IctCuOlo WliiCr!may WdllcliH SUCH V&Fi&uOllfi lilClllu'B, DUt 3.16 HOt llllli Ltiu tO ',
(1) Ages of the children;
(2) A child's extraordinary medical costs or extiaui Jinaiy needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available:
(3) Educational costs;
(4) Day-care costs;
(5) Shared physical custody arrangements, including extended visitation;
(6) A party's other support obligations to another household;
(7) Income that should be imputed to a party because of suppression of income;
(8) In-kind income for the self-employed, such as reimbursed meals or a company car;
(9) Other support a party is providing or will be providing, such as payment of a mortgage;
(10) A party's own extraordinary needs, such as medical expenses;
(11) Extreme economic circumstances (fui example, including but not limited to:
(A) unusually Unusually high debt structure; or
(B) unusually Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum);
(12) Historical spending in the family for children which varies significantly from the percentage table;
(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
(14) In-kind contribution of either parent;
(15) The income of the custodial parent; and
(16) The cost of accident and sickness insurance coverage for dependent children in cluded in the order;
(17) Extraordinary travel expenses to exercise visitation or shared physical custody; and
(18) Any other factor which the trier of fact deems to be required by the ends ofjustice.
(d) The guidelines shall be reviewed by a commission appointed by the Governor to en sure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1,1989, and shall continue such reviews every four years there after. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and
GIIGCt 011IW. J-Tii COilllii-i.SSi.Gll Sllclll cllSO SU.Dlli.it ci r^pGft tG Lliti J.1.0US6 tJU.U.1C1&1 y \JOiiiliilL~ t 3.11C1 kjctiicitc LjpBClcll u UQlClcH1^ wGllillliLLiiii ClUliiij=J til6 -Li/yj. I'C^Ulck.l' ici&Sujii 01 WIG

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JOURNAL OF THE SENATE

embly. This icport shall provide mfoimatiuii whkh will allow these commit-
ifeW tll cII^iillVGilcSS 01 1116 j^iUClGtlilciS ~iild, 11 ilcCeSSflXy, 1 eiViSc tPlGSfi
u.ti 1 ill^
(e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; pro vided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or be come emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(f) The provisions of subsection (e) of this Code section shall be applicable only to a tem porary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modifi cation of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
SECTION 3.
It is the intention of this bill to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th offered the follow ing amendment:
Amend the committee substitute to HB 72 by inserting on line 4 of page 1 after the word "support;" the following:
"so as to provide for access to and sharing of information from the state support registry; to provide for the purposes for which such information may be used;".
By inserting on line 22 of page 1 after the word "cases;" the following:
"to provide for effective dates;".
By striking from line 2 of page 10 the words "this bill" and inserting in lieu thereof "Sec tions 1 and 2 of this Act".
By inserting between lines 5 and 6 of page 10 the following:
"SECTION 3.1.
Said title is further amended striking Code Section 19-11-9.2, relating to the duty of em ployers to report the hiring or rehiring of persons to the state support registry, in its en tirety and inserting in lieu thereof a new Code Section 19-11-9.2 to read as follows:
'19-11-9.2.
(a) Effective July 1, 1993, employers doing business with seven or more employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The hiring or return to work of any employee who was laid off, furloughed, sepa rated, granted leave without pay, or terminated from employment.

WEDNESDAY, MARCH 15, 1995

1715

(b) Employers are not required to report the hiring of any person who:
(1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or
(2) Will have gross earnings of less than $300.00 in every month.
or shall be imprisoned for not less than three nor more than 12 months, or both fined and imprisoned; and
(C) Upon conviction of the third or subsequent offense, the defendant shall be guilty of ayefaelrosn.'y" and shall be punished by imprisonment of not less than one nor more than five
On the adoption of the amendment, the yeas were 40, nays 0, and the Taylor, et al. amendment to the committee substitute was adopted.
Senator Black of the 53rd offered the following amendment:
Amend the committee substitute to HB 72 by inserting on line 22 on page 1, immediately following the word and symbol "cases;", the following:
"to provide for the offense of interference with visitation; to provide for a penalty; to provide for related matters;".
By inserting immediately following line 44 on page 9 the following.
"SECTION 2A.
Said title is further amended by inserting immediately following Code Section 19-7-6 a new Code section to read as follows:
'19-7-7.
(a) As used in this Code section, the term "lawful visitation" means that visitation al lowed to the noncustodial parent or guardian by proper authority as provided in Article 1 of Chapter 9 of this title.
(b)(l) A person commits the offense of interference with visitation when, without law ful authority to do so, the person intentionally and willfully refuses to allow lawful visitation. This subsection shall not apply to court ordered visitation when the lan guage used in the order to describe such visitation is vague and indefinite, including, but not limited to, language such as "reasonable visitation" or "visitation as the parties may agree." Tardiness of less than 40 minutes in complying with court ordered visita tion by the custodial parent or guardian shall not give rise to a criminal charge under this subsection.
(2) A person convicted of violating this subsection shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misde meanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one nor more than five months, or both fined and imprisoned;
(B) 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 nor more than 12 months, or both fined and im prisoned; and
(C) Upon conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years.'"

1716

JOURNAL OF THE SENATE

Senator Edge of the 28th offered the following amendment:
Amend the Black amendment to the committee substitute to HB 72 as follows:
By striking on line 20 of page 1 the word person and insert the word "custodial parent".
On the adoption of the amendment, the yeas were 47, nays 0, and the Edge amend ment to the Black amendment was adopted.
On the adoption of the amendment, the yeas were 14, nays 36, and the Black amend ment to the committee substitute was lost.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Committee on Judiciary substitute to HB 72 by adding following the semicolon on line 22 of page 1 the following:
"to authorize an order for child support 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 reasonableness and counted as a part of child support; to provide that the maintenance of such insurance and the availability of the proceeds of such insurance shall not be required for a child's benefit after a child reaches the age of majority; to provide for exceptions;".
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively, and by adding preced ing line 1 of page 10 the following:
"SECTION 3.
Said title is further amended by inserting a new Code section to be designated Code Section 19-6-34 to read as follows:
'19-6-34.
(a) In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents to obtain and maintain the life insurance.
(b) The amount of the premium for such life insurance shall be counted as a part of the support ordered pursuant to the provisions of Code Section 9-6-15, provided that the court shall review the amount of the premium for reasonableness in the circumstances of the child, the parent ordered to pay support, and the other parent.
(c) Except as provided in subsection (d) of this Code section, an order for child support shall not require maintenance of life insurance for a child's benefit after the child reaches the age of majority and shall not require that the proceeds of life insurance be available for the benefit of a child after the child reaches the age of majority.
(d) The trier of fact, in the exercise of sound discretion, may direct either or both parents to maintain life insurance for the benefit of a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that maintenance of such life insurance for the benefit of the child shall not be required after a child attains 20 years of age.'"
On the adoption of the amendment, the yeas were 30, nays 13, and the Oliver amend ment to the committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 43, nays 0, and the commit tee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, MARCH 15, 1995

1717

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 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 Thompson Turner Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Abernathy Broun of 46th

Johnson of 2nd

Walker

On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Edge of the 28th moved that Senator Crotts of the 17th be excused from the Senate.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused from the Senate.

Senator Gillis of the 20th assumed the Chair.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 250 by inserting on line 7 of page 1 after "examinations;" the following:
"to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to establishment and approval of DUI alcohol and drug use risk reduction programs and driver improvement clinics, so as to provide that certain satellite programs shall be ex empted from certain program rules issued by the Department of Human Resources;".

1718

JOURNAL OF THE SENATE

By inserting between lines 8 and 9 of page 2 the following:

"SECTION 2.5.

Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to establishment and approval of DUI alcohol and drug use risk reduction programs and driver improvement clinics, is amended by adding at the end a new subsection (f) to read as follows:
'(f) Those satellite DUI alcohol or drug use risk reduction programs in existence on September 1, 1980 which were serving counties not served by any other program on that date, which have operated continuously as satellite programs from that date, and which continued to operate on and after December 19,1994, are authorized to continue to oper ate as satellite programs. A satellite program which meets the criteria of this subsection shall be specifically exempt from the rules and regulations promulgated by the Depart ment of Human Resources affecting existing satellite programs and requiring their clo sure, regardless of whether such exempt satellite program met at one time or now meets the requirements imposed by such rules and regulations for exemption from such rules and regulations.'".
Senator Henson of the 55th moved that the Senate agree to the House amendment to SB 250.

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 Brown of 26th Burton Cheeks Clay Day Edge Egan Glanton Gochenour

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

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

Those not voting were Senators:

Abernathy Broun of 46th Cagle Crotts (excused) Dean

Farrow Gillis (presiding) Hooks (excused) James Johnson of 2nd

Madden Ray (excused)
Scott
Walker (excused)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 250.

WEDNESDAY, MARCH 15, 1995

1719

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bills of the House:
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".
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing resolutions and bill of the Senate:
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.
SR 12. By Senator Hooks of the 14th:
A resolution designating the J.L. Turner Bridge.
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.
The Calendar was resumed.

1720

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Transportation offered the following amendment:
Amend HB 70 by adding on line 6 of page 2 between the word "pedestrian" and the word "is" the following:
"lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited".
By adding on line 22 of page 2 between the word "pedestrian" and the word "to" the following:
"lawfully within an adjacent crosswalk".
On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted.
Senator Pollard of the 24th offered the following amendment:
Amend HB 70 by inserting on line 10 of page 1 the following:
"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 motor vehicle; to provide for dis qualification from driving a commercial motor vehicle based on violations of out-of-service orders; to provide for enforcement; to".
By inserting between lines 18 and 19 of page 1 the following:
"SECTION .5.
Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the 'Uniform Commercial Driver's License Act,' is amended by redesignating subsection (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehi cle, as subsection (h) and adding a new subsection (g) to read as follows:
'(g)(l) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation--a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;
(B) Second violation--a driver who is convicted of two violations of out-of-service or ders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
(C) Third or subsequent violation--a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service or der, 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 department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service

WEDNESDAY, MARCH 15, 1995

1721

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 Pollard 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:

Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Day Edge Egan Farrow 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 Scott Slotin Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Broun of 46th Crotts (excused) Dean

Gillis (presiding) Hooks (excused) Perdue Ray (excused)

Starr Taylor Thomas Walker (excused)

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

HB 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.
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 Blitch Boshears Bowen

Brown of 26th Burton Cagle Cheeks Clay

Day Dean Edge Farrow Glanton

1722

JOURNAL OF THE SENATE

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 Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Broun of 46th Crotts (excused) Egan

Gillis (presiding) Hooks (excused) Ray (excused)

Starr Taylor Walker (excused)

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

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

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

Those not voting were Senators:

Broun of 46th Crotts (excused) Egan Gillis (presiding)

Hooks (excused) Langford Perdue Ralston

McGuire Middleton Newbill Oliver Pollard Ragan Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger
Ray (excused) Starr Taylor Walker (excused)

WEDNESDAY, MARCH 15, 1995

1723

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation pur poses, so as to revise extensively provisions relative to such funds; to revise definitions; to provide for notices of intent to form a fund; to provide for notices of intent of the Commis sioner to refuse to issue a certificate of authority to a proposed fund; to prohibit the forma tion of a fund until the Commissioner withdraws such notice of intent; to revise requirements for the establishment of group self-insurance funds; to provide for certain information to be submitted to the Commissioner of Insurance with an application for a certificate of authority; to provide for the confidentiality of certain information; to revise provisions relative to certificates of authority and renewal fees; to revise procedures for the admission of new members into a fund; to allow for the submission of underwriting criteria by the trustees of a fund to be used in evaluating prospective members of a fund; to revise procedures relative to the voluntary or involuntary termination of a member of a fund; to allow for the submission of underwriting criteria to be used in evaluating the removal of a member of a fund; to provide for the experience modification factor to be applied to termi nated members of a fund; to authorize the Commissioner to exempt a fund from filing cer tain periodic reports; to revise the factors that shall be considered in determining the financial condition of a fund; to revise requirements for deposits of securities by funds and excess loss funding programs; to revise the amount and requirements relative to minimum surplus which must be maintained by funds; to delete provisions relative to loss reserves which must be maintained by funds; to delete the requirement of the implementation of a rehabilitation program for members of funds; to require liability and similar insurance cov erage to be written by an authorized insurer or eligible surplus lines insurer; to provide a minimum schedule for the examination of funds; to provide for the submission of certain information in conjunction with an examination; to provide time periods for compliance with certain requirements; to provide for construction; to provide for editorial revision; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, is amended by striking

1724

JOURNAL OF THE SENATE

Code Section 34-9-151, relating to definitions, and inserting in lieu thereof a new Code Section 34-9-151 to read as follows:
"34-9-151.
As used in this article, the term:
(1) 'Administrator' means any individual, partnership, or corporation, except a spon soring association or associations, designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not limited to, the processing and payment of claims.
(2) 'Basic rate' means the annual premium rate charged prior to any credit being given for applicable experience debits or credits or for applicable discounts or surcharges.
(3) 'Board of the fund' means the board of trustees of any fund created pursuant to this article.
(4) 'Commissioner' means the Commissioner of Insurance of the State of Georgia.
(5) 'County' means a county of this state. Such term shall include a consolidated citycounty government and any public authority, commission, board, or similar body cre ated or activated by an Act of the General Assembly or by a resolution or ordinance of the governing authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county.
(6) 'Fund' means a joint fund for workers' compensation established by an authomed
schuul buai'Jh, ui hospital aulhoiilieh pursuant to this article.
(7) 'Gross annual premium' means the total annual premium determined by multiply ing the payroll for the applicable workers' compensation job classifications by the ap propriate annual premium rate for each classification.
(8) 'Hospital authority' means any legally constituted board, commission, or authority which has been created for the purpose of and is actually governing the operation of a public hospital created in accordance with the laws of this state.
(9) 'Intrastate agreement' means the written agreement subscribed to and abided exe= cuted by the members of the fund, which agreement establishes the fund and provides for its operation and through which each member agrees to assume and discharge, jointly and severally, any and all liability under this article relating to or arising out of the operations of the fund.
(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members.
(11) 'Municipality' means an incorporated municipality of this state, a consolidated city-county government, and any local public authority, commission, board, or other similar agency which is created by a general or local Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of an incorporated municipality of this state. This term shall also include such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation, individually or jointly with other political subdivisions of the state.
(12) "Normal annual premium' means the standard annual premium plus or minus applicable surcharges or discounts.
(13) 'Premium' means any consideration, by whatever name called, paid to a fund by a member for coverage under the fund.

WEDNESDAY, MARCH 15, 1995

1725

(14) Trofessional association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organized for a period of at least three years and is domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and which is comprised of a bona fide group of employers who are engaged in the same or in substantially similar types of professions and have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability insurance.
(15) 'School board' means a public board of education of any county or of any independ ent school system of this state.
(16) 'Standard annual premium' means the gross annual premium plus or minus appli cable experience credits or debits.
(17) 'Surplus' means the total assets of the fund less its liabilities and reserves as de termined in accordance with the requirements of this article.
(18) 'Surplus share' or 'proportionate share' means the initial contribution paid to a fund by a member as a condition of membership in the fund.
(19) 'Trade association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organ ized for a period of at least three years, domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and which is comprised of a bona fide group of em ployers who are engaged in the same or in substantially similar types of businesses or professions within this state and who have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' lia bility insurance."
SECTION 2.
Said article is further amended by adding immediately following Code Section 34-9-151, relating to definitions, two new Code sections, to be designated Code Sections 34-9-151.1 and 34-9-151.2, respectively, to read as follows:
"34-9-151.1.
(a) Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that:
(1) Such fund or funds shall comply with the provisions of this article;
(2) Separate classes, as described in Code Section 34-9-152, may not be commingled in any fund; and
(3) Such fund or funds shall be established by one or more professional or trade associations.
(b) Any professional or trade association may establish a fund or funds.
(c) Any fund established prior to July 1,1995, and which is operating in compliance with this article or in compliance with the requirements of the applicable rules and regula tions of the Commissioner shall be deemed to be in compliance with this article.

1726

JOURNAL OF THE SENATE

34-9-151.2.
(a) At least 30 days prior to executing the initial intrastate agreement required by this article, any group authorized to form a fund under this article shall file with the Commis sioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall include:
(1) The name of the group forming the fund;
(2) The name of the proposed administrator;
(3) The type or types of employers to be offered membership in the fund;
(4) A statement that the group is knowledgeable of and will comply with the require ments of this article and any rules or regulations pertaining thereto; and
(5) A copy of the intrastate agreement that will be used to establish a fund.
(b) Upon receipt and review of the information supplied with the notice of intent to form a fund provided under subsection (a) of this Code section, the Commissioner, pursuant to his or her authority under Code Section 34-9-169, may issue a notice of intent to refuse to issue a certificate of authority, which notice of intent shall be based upon the Commis sioner's determination that the proposed fund would not be in compliance with the provi sions of this article. The proposed fund may not be formed and the intrastate agreement may not be executed until the Commissioner withdraws in writing the notice of intent to refuse to issue a certificate of authority."
SECTION 3.
Said article is further amended by striking Code Section 34-9-152, relating to the applica tion to the Commissioner for a certificate of authority to create a fund, and inserting in lieu thereof a new Code Section 34-9-152 to read as follows:
"34-9-152.
(a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association or any other group authorized by this article may enter into an intrastate agreement for the purpose of extending workers' compensation benefits to employees of its members. anJ may make application lu lliu Cumuiih-
SiunGi* IGt* Si Ctii'LiIlCtiLti OI HltilGliLY t.0 Cl'6lt/6 3 rtlilu &ilu pl*GVivl& SUC11 Delicti tS vJllCG 3. IU.HCI
is established pursuant to the intrastate agreement, an officer or administrator of the fund shall, within ten days of the effective date of such agreement, deliver a copy of the agreement to the Commissioner. The fund shall provide workers' compensation coverage to the employees of members who deposit moneys for premiums into the fund. On or before the effective date of such coverage, the fund shall file with the State Board of Workers' Compensation the evidence of coverage form required by the board's rules is sued pursuant to Code Section 34-9-126.
(b)(l) For purposes of this article, municipalities, counties, school boards, hospital au thorities, trade associations, and professional associations shall each be deemed to con stitute separate classes. Except as provided in paragraph (2) of this subsection, no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to this article. There shall be only one group selfinsurance fund for municipalities and only one group self-insurance fund for counties; provided, however, if the Commissioner determines that there are special or unique cir cumstances or needs of a group of counties or municipalities which justify the establish ment of an additional group self-insurance fund or funds for counties or municipalities, he the Commissioner may authorize the establishment of such fund or funds.
(2) A board of education of an independent school system of any municipality is author ized to be a member of a fund comprised of municipalities.
(c) A fund must make application to the Commissioner for a certificate of authority within 90 days of the date of executing an intrastate agreement creating the fund. The application shall state that the fund has met the requirements of this subsection and the

WEDNESDAY, MARCH 15, 1995

1727

requirements of subsections (d) through (f) of this Code section and shall set When ap-
applicatiuii setting forth the following:
(1) The name of the fund;
(2) The location of the fund's principal office, which shall be maintained within this state;
(3) The location of the principal office of the sponsoring trade association, which shall be located in this state, or sponsoring professional association, which shall be located in this state, or group of municipalities, counties, school boards, or hospital authorities;
(4) The names and addresses of the members;
(5) The principal business of each member;
(6) The name and address of a Georgia resident designated and appointed as the fund's proposed registered agent for service of process in this state;
(7) The names and addresses of the officers and directors of the proposed fund and a statement of whether or not any of such officers and directors has been convicted of any crimes other than minor traffic violations within the last ten years;
(8) The powers of the officers and directors and the term of office of each;
(9) A brief outline of the method by which the administrative obligations of the fund shall be met;
(10) A copy of the bylaws of the fund;
(11) A copy of the intrastate agreement among the members;
(12) The name and address of the administrator and, if the administrator is a corpora tion, the names and addresses of its officers and directors and a statement concerning whether or not the administrator or any of the officers or directors thereof, if the ad ministrator is a corporation, has been convicted of any crimes other than minor traffic violations within the last ten years;
(13) A statement of the previous experience and background of any administrator of the fund, including reference to any licenses it may hold or have held in this state or any other state within the last ten years;
(14) The most recent audited statement of the financial condition of any administrator of the fund or the most recent annual statement of such administrator if it is an insurer. Any financial statement provided as required by this paragraph shall not be deemed to be a public document and shall be maintained in confidence by tEe Commissioner;
(15) A copy of any agreements between the fund and any contract administrator of the fund;
(16) A statement of the financial condition of the fund listing all of its assets and liabili ties as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner;
(17) A copy of each contract, endorsement, and application form it proposes to issue or use;
(18) Excluding funds formed by counties, municipalities, or school boards, a A-current, audited financial statement or other acceptable financial statement of each member of the fund;. This statement shall be required of each member at the time of application to the fund, but shall not be required at any other time unless such member shall become 90 days delinquent in payment to the fund. Any financial statement provided pursuant to this article which statement shall not be deemed to be a public document and which shall be maintained in confidence by the Commissioner; and
(19) Such other information, documents, or statements as the Commissioner may rea sonably require.

1728

JOURNAL OF THE SENATE

(d) Each application for a certificate of authority shall be accompanied by a filing fee of $300.00, which fee shall not be refundable.
(e) A fund authorized by this article may be established only with the participation often or more members and shall have no fewer than 1,000 employees in the aggregate. The names of the participants and any information submitted by any member shall not be deemed to be public information and shall be maintained in confidence by the Commis sioner. Any fund licensed after July 1, 1995, shall have no fewer than 15 members and 1,500 employees in the aggregate. Any fund which attains compliance and subsequently falls below the minimum number of members or aggregate employees may be granted additional time to regain compliance, up to a maximum of 180 days?
(f) A fund authorized by this article may be established only if it has and thereafter maintains gross annual premiums of $300,000.00. or such higher amount as the Com-
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Any fund licensed after July 1, 1995, may be established only if it has and thereafter maintains a gross annual premium of $1 million. Any fund which attains compliance and subsequently falls below the minimum required premium may be granted additional time to regain compliance, up to a maximum of 180 days.
(g) All employers who are members of a class which forms a fund pursuant to this article shall be eligible for membership in such fund unless membership is denied such employ ers by the trustees according to underwriting guidelines established by the trustees of the fund and approved by the Commissioner in accordance with this article.----------
\i\) Ally l/l'Hdii clSSOClcltlGll Oi1 pl'Olcifc&iOilill 3.SSOC13.L1011 Oi1 ^10Up 01 UlU.lllCl^ifl.liLicS, COUilLiOSj
school boards, or hospital authorities which foi'tus a fund formed pursuant to this article shall may accept as a member of such fund any other employer of the same class, as defined in subsection (b) of this Code section, which makes application for membership and otherwise meets the requirements of this article and the underwriting guidelines established by the trustees of the fund and approved by the Commissioner.''
SECTION 4.
Said article is further amended by striking subsection (e) of Code Section 34-9-153, relating to the issuance of a certificate of authority, grounds for revocation or denial, and annual renewal fees, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner, upon payment by the fund of an annual fee of $300.00 the renewal fee required by subparagraph (CC) of paragraph (1) of Code Section 33-8-1."
SECTION 5.
Said article is further amended by striking Code Section 34-9-155, relating to the license required for solicitation of membership or participation in a fund and the procedure for the admission of new members, and inserting in lieu thereof a new Code Section 34-9-155 to read as follows:
"34-9-155.
(a) No person shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of:
(A) A professional association or trade association; or
(B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.
(b) After the inception date of a fund, prospective new members of the fund shall submit an application for membership to the board of the fund and, unless the fund elects to meet the requirements of subsection (c) of this Code section, to the Commissioner on a

WEDNESDAY, MARCH 15, 1995

1729

form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the net worth of the fund and the proportionate share to be paid amount to be paid or contributed by each applicant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 96 45 days, the applicant, upon payment or contri bution to the fund of its proportionate shme as determined in accordance with this arti cle, shall be authorized to become a member~of the fund, to miter into subscribe to and abide by the intrastate agreement, bylaws, rules, and regulations of the fund wrth-tfae other members of the fund, and to share the liabilities and assets of the fund in accord ance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's proportionate shaie initial payment or contribution, provided that, notwithstanding the provisions of this Code section, such prospective member's propor tionate shaie initial payment or contribution shall be reasonable in relationship to the proportionate Shares initial payment or contribution paid by the other members of the fund. Any person or group aggrieved by a determination of the board of the fund regard ing the establishment of a member's proportionate share initial payment or contribution shall have the right to appeal such determination to the Commissioner.
(c) The trustees of a fund may submit underwriting criteria to the Commissioner for approval and unless the Commissioner disapproves the underwriting criteria within 90 days, the fund shall be authorized to approve or deny application for membership in the fund according to such underwriting criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the underwrit ing criteria submitted and approved by the Commissioner."
SECTION 6.
Said article is further amended by striking Code Section 34-9-156, relating to voluntary and involuntary termination of membership in a fund, and inserting in lieu thereof a new Code Section 34-9-156 to read as follows:
"34-9-156.
(a) A member may elect to terminate voluntarily its participation in a fund by giving at least 90 days' advance written notice to the fund and to the Commissioner, unless the fund elects to meet the requirements of paragraph (e) of this Code section. Such volun tary termination shall be approved by the Commissioner, or the fund, upon a finding by him the Commissioner, or the fund, that such member and the fund are is in good stand ing and that both member and fund have met all requirements of this article and of any rules and regulations issued by the Commissioner and the fund as of the proposed effec tive date of termination.
(b)(lXA) A member may be involuntarily terminated as a member of a fund upon a finding by the Commissioner, after due notice and hearing, that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement. Such hearings may be initiated by the Commis sioner either upon his the Commissioner's own motion or upon a recommendation of the board of the fund or the member facing involuntary termination. In the Commis sioner's discretion, any hearings arising from this Code section may be consolidated if tEe issues involved are the same or substantially similar to those of other scheduled hearings!
(B) The trustees of a fund may involuntarily terminate a member of the fund if the fund elects to meet the requirements of subsection (e) of this Code section and if the trustees find that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement.
(2) A member may be involuntarily terminated for failure to pay its proportionate share or any premiums or installments thereof due the fund or for failure otherwise to dis charge its obligations to the fund when due. Written notice stating the time when the

1730

JOURNAL OF THE SENATE

termination will be effective, which time shall be not less than 15 days from the date of notice or such other specific longer period as may be provided in the intrastate agreement or by statute, may be delivered in person or by depositing such notice in the United States mail, to be dispatched by at least first class mail to the last address of record of the member, and receiving therefor the receipt provided by the United States Postal Service. Such notice may or may not be accompanied by a tender of the unearned premium paid by the member, calculated on a pro rata basis. If such tender is not made simultaneously with such notice, it shall be made within 15 days of notice of termination unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable.
(c) Any member who either voluntarily terminates his membership or is involuntarily terminated from membership in a fund pursuant to this Code section shall remain jointly and severally liable for all obligations of the fund as of the date of such termination, including, but not limited to, any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident which took place during the member's membership in the fund.
(d) Any member who is voluntarily terminated or is involuntarily terminated shall carry the same experience modifier promulgated by the fund unless proof can be provided to the Commissioner that either the formula tor determining the experience modifier is in correct or the data being used is incorrect.
(e) A fund may submit criteria to the Commissioner to be used in the removal of a mem ber from the fund and unless the Commissioner disapproves the criteria in writing in 90 days, the fund shall be authorized to voluntarily or involuntarily remove a member from the fund according to the submitted criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the criteria sub mitted and approved by the Commissioner."
SECTION 7.
Said article is further amended by striking the undesignated language at the beginning of Code Section 34-9-158, relating to the powers of the boards of trustees, and inserting in lieu thereof the following:
"The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effectuate the purposes of this article:".
SECTION 8.
Said article is further amended by striking Code Section 34-9-159, relating to annual re ports of affairs and operation of funds, and inserting in lieu thereof a new Code Section 349-159 to read as follows:
"34-9-159.
On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be made in such form and shall contain such information as the Commis sioner may, from time to time, by regulation, prescribe and require to protect the public interest, the interests of the members of the fund, and the interests of the employees of each member. The Commissioner may, by regulation, require such additional periodic reports as he the Commissioner may from time to time prescribe as necessary or appro priate to protect the members and their employees and the public, to ensure the solvency of any fund, to inform the members of the fund, and to assure fair dealing in the invest ments of any fund. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as he the Commissioner may designate by regulation and may require the reports to be furnished to persons or entities he the Com missioner determines to have a legitimate interest therein. The Commissioner may,

WEDNESDAY, MARCH 15, 1995

1731

based upon the Commissioner's evaluation of the condition of individual funds, exempt that fund from submitting any report, except the annual report required by this article. Compliance with this Code section shall be a condition of the renewal of a certificate of authority under Code Section 34-9-153."
SECTION 9.
Said article is further amended by striking Code Section 34-9-160, relating to the method of determining the financial capacity of a fund to pay obligations, and inserting in lieu thereof a new Code Section 34-9-160 to read as follows:
"34-9-160.
In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following:
(1) The security deposit required by Code Section 34-9-161;
(2) The surplus required by Code Section 34-9-162;
(3) Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate;
(iX4) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;
(2X5) The surplus shares of members shall be allowed as assets, except that any premiums~delinquent for 90 days shall first be charged against such surplus shares;
(3X6) The surplus shares of members shall not be charged as a liability;
(4X7) All premiums delinquent less than 90 days shall be allowed as assets;
(5X8) An assessment levied upon members and not collected shall not be allowed as an asset;
(6X9) The computation of reserves shall be based upon premiums other than membershipTees and without any deduction for expenses and the compensation of any contract administrator; and
CrXlO) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities, counties, and school boards, to levy and collect taxes pursuant to the laws of this state."
SECTION 10.
Said article is further amended by striking Code Section 34-9-161, relating to securities deposits and excess loss funding programs, and inserting in lieu thereof a new Code Section 34-9-161 to read as follows:
"34-9-161.
(aXl) Each Except as otherwise provided in paragraph (2) of this subsection, each fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in an the amount which it, equal to
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1', t)O^pO&L ill iicU LlifefGOr Sk iSUicty DOIlu. Ill 311 SfllOUtlt WfliCtt IS 6CCU.S1 tO -LO pclCciiC
it tnfi vJOiHiiiiSSiOiisr permits Si imicl to post a siiFfety
DOIlCl 111 ll^U. 01 Lliti utipOSlt l*6CJUll*tKl iluO Vctj &U.C11 3. L)OiiCl Sll3.ll Oiil^ L)ti JiCCcpLeiljlc it it IS

1732

JOURNAL OF THE SENATE

issued by an authoii/,ed insurer and its form has been approved in advance by the Com missioner of $200,000.00, which amount equates to the deposits required of a domestic insurance company pursuant to Code Section 33-3-8.
aiiijlicatimi and aopiOval i>f the COiiliiiiSSiOiipi' iIiaiiiLaiii a Se^mily Jci>iait COilSJaUiiK
01 &^CUi'itic& Oi A. Slli'cty Liunu H& ilc^Ciiucu in ^/aidgi'd^jll (.I) Ol LlliS SUDScCtiOil ni tlic?
amount uf 10 percent of the fund's normal annual piemium may post a surety bond or bonds in the amount of $250,000.00 to satisfy the securities deposit requirement of paragraph (1) of this subsection. Such bond or bonds shall be acceptable only if issued by an insurer whose form has been approved by the Commissioner.
(3) The security deposit required by this subsection shall be allowed as an asset and shall not be deemed as part of the surplus required by Code Section 34-9-162T
(b) The excess loss funding program of a fund shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this article. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of an agency, any combination of the foregoing, or any other funding program acceptable to the Commissioner. A fund may be permitted to purchase excess insurance:
(1) From insurers authorized to transact business in this state; or
(2) From approved surplus lines carriers."
SECTION 11.
Said article is further amended by striking Code Section 34-9-162, relating to the mainte nance of surplus and expendable surplus, and inserting in lieu thereof a new Code Section 34-9-162 to read as follows:
"34-9-162.
(a) A fund formed pursuant to this article shall possess and thereafter maintain a mini mum surplus of not less than $150,000.00 and not less than $100,000.00 expendable
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posit of eligible securities or a surely bund ia oi'dei1 tu maintain compliance with Code Oetlioii 34-9-101.
(b) Any fund established prior to July 1, 1995, which has satisfied the surplus requirement of this Code section by utilization of a surety bond shall replace such bond with cash or cash equivalent within 60 months of the date such bond was submitted to the Commissioner.
(c) Any fund established prior to July 1, 1995, which had received from the Commissioner a waiver of surplus pursuant to subsection (b) of this Code section as it existed prior to July 1, 1995, shall have until July 1, 1998, to replace such waiver with actual surplus and provide evidence of such surplus to the Commissioner.
fcWd) At the discretion of the board of the fund, any surplus exceeding the requirements of this Code section and the total of all other liabilities of the fund may be returned to the

WEDNESDAY, MARCH 15, 1995

1733

members of the fund. The board of the fund shall notify the Commissioner by letter within ten days following the return of any surplus."
SECTION 12.
Said article is further amended by striking Code Section 34-9-163, relating to investment of assets and maintenance of loss reserves, and inserting in lieu thereof a new Code Section 34-9-163 to read as follows:
"34-9-163.
(a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commis sioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33.
(b) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain:
(1) Actual loss reserves, incurred but not reported loss reserves, and reserves for aggre gate excess insurance which, combined with actual loss and loss expense payments, shall be in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner; or
(2) With the approval of the Commissioner, loss reserves in an amount equal to the greater of the amount established by an independent casualty actuary in accordance with actuarial standards or 40 percent of earned premiums written in each of the three years prior to the date on which the report or statement is to be made. For the pur poses of this paragraph, the term 'actuarial standards' means the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance Katemaking and the Standards of Practice adopted by the Actuarial Standards Board.
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.fGVlSiOilS OI v-*Ouc ocCtiOil i3o~J.U~y.
SECTION 13.
Said article is further amended by striking subsection (b) of Code Section 34-9-164, relat ing to the payment of operating expenses by members of a fund, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board uf the fund of each fund shall establish and implement a loss prevention and loss control and rehabilitation program for each member of the fund."
SECTION 14.
Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 34-9-165, relating to requirements for contracts between funds and administrators not em ployed by such funds, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) A requirement that errors and omissions coverage or other appropriate liability in surance in an amount which is not less than that specified by the rules and regulations of the Commissioner be written with an authorized insurer or an eligible surplus lines in surer and be maintained at all times by the administrator."

1734

JOURNAL OF THE SENATE

SECTION 15.

Said article is further amended by striking Code Section 34-9-172, relating to examina tions by the Commissioner to verify the solvency of funds, and inserting in lieu thereof a new Code Section 34-9-172 to read as follows:
"34-9-172.
The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be ex amined at least once each five years. The Commissioner shall have the authority to re quire information to substantiate that the sponsoring association is engaged in substantial activity for the benefit of its members in accordance with the definitions of Code Section 34-9-151, but that authority is not to be construed as the right to regulate or inspect that association or its members."

SECTION 16.

Said article is further amended by adding immediately following Code Section 34-9-181, relating to administrative finds, probation, and additional penalties, a new Code Section 34-9-182 to read as follows:
"34-9-182.

Except where otherwise specified in this article, funds established pursuant to this arti cle shall have until July 1, 1998, to comply with the requirements of this article."

SECTION 17.

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

Senator Pollard of the 24th moved that the Senate agree to the House substitute as amended by the following amendment:

Amend the House substitute to SB 286 by striking the word "July" on line 23 of page 5 and inserting the word "January".

Pollard of the 24th offered the following amendment:

Amend the House substitute to SB 286 by striking the word "July" on line 23 of page 5 and insert the word "January".

On the motion, 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
Cheeks Clay Day Dean Edge Egan Farrow Glanton

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

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

WEDNESDAY, MARCH 15, 1995

1735

Those not voting were Senators:

Abernathy Black Blitch Broun of 46th Crotts (excused)

Gillis (presiding) Gochenour Hooks (excused) Langford (excused) Perdue

Ray (excused) Starr Thompson Walker (excused)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 286 as amended by the Senate.

The following bill was taken up to consider House action thereto:

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.
Senator Hill of the 4th moved that the Senate insist on its substitute to HB 154. On the motion, the yeas were 34, nays 0, and the Senate insisted on its substitute to HB 154.
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 resolu tions of the Senate:

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.

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 Calendar was resumed.
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. Senate Sponsor: Senator Clay of the 37th.

1736

JOURNAL OF THE SENATE

The Senate Committee on Judiciary offered the following substitute to HB 704:
A BILL
To be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, 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; to change the provisions relating to written question naires for prospective jurors and voir dire examination; to change the provisions relating to the compensation of jury commissioners and the clerk of the board of jury commissioners; to change the provisions relating to the compilation, maintenance, and revision ofjury lists and grand jury lists; to change the provisions relating to required jury panels in civil ac tions; to amend certain provisions relating to demand of a jury panel from which to select a jury in civil actions; to change the provisions relating to the required panel from which to select a jury in a misdemeanor trial; to change the provisions relating to strikes; to change the provisions relating to the furnishing of juries with refreshments and heat; to provide for the furnishing of heat and air conditioning, privacy, furnishings, facilities, food, and beverages; to provide for additional grounds for the challenge of a prospective juror for cause; to provide for other matters relating to juries and jurors; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for alter native dispute resolution in cases in which a party is seeking a divorce or permanent ali mony; to provide for other matters relating 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 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by striking Code Section 15-12-10, which reads as follows:
"15-12-10.
If any person is drawn as a juror and duly summoned to appear as such at court or summoned as a tales juror and neglects or refuses to appear or if any juror absents him self without leave of the court, the court may fine such person in a sum of not more than $40.00 unless he shows good and sufficient cause or excuse on oath filed in the clerk's office of such court within 30 days after the opening of the court, the merits of which excuse shall be determined by the court at the next succeeding term. Upon the fine being levied by the court, the clerk of the court shall issue a writ of fieri facias and shall pro ceed to levy the fine, the proceeds of which shall be paid into the court.",
and inserting in its place a new Code Section 15-12-10 to read as follows:
"15-12-10.
If any person is drawn as a juror and duly summoned to appear as such at court, or summoned as a tales juror, and neglects or refuses to appear, or if any juror absents himself or herself without leave of the court, ss-'i neglect, refusal, or absence may, after notice and hearing, be punished as contempt of court."
SECTION 2.
Said chapter is further amended by striking Code Section 15-12-11, which reads as follows: "15-12-11.
(a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor

WEDNESDAY, MARCH 15, 1995

1737

shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the person nel and any attendant expense of administration of the courts are determined to be con tingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges.
(b) All prospective jurors in counties described in subsection (a) of this Code section shall be required to answer questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors.
(c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concern ing the same, and the court shall have such jurisdiction as is provided by law for sub poena, attachment, and contempt powers.
(d) This Code section shall be supplemental to other provisions of law, with a view to ward efficient and orderly handling of jury selection and the administration of justice.",
and inserting in its place a new Code Section 15-12-11 to read as follows:
"15-12-11.
(a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the person nel and any attendant expense of administration of the courts are determined to be con tingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges.
(b) All prospective jurors in all counties may be required to answer written question naires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. In propounding the questions, the judges may consider the suggestions of counsel. In the questionnaire and during voir dire examination, judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process.
(c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concern ing the same, and the court shall have such jurisdiction as is provided by law for sub poena, attachment, and contempt powers.
(d) This Code section shall be supplemental to other provisions of law, with a view to ward efficient and orderly handling of jury selection and the administration of justice."
SECTION 3.
Said chapter is further amended by striking Code Section 15-12-24, which reads as follows: "15-12-24.
Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service.",
and inserting in its place a new Code Section 15-12-24 to read as follows:
"15-12-24.
Jury commissioners shall receive $50.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $50.00 to be

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JOURNAL OF THE SENATE

paid in like manner. The chief judge of the superior court of the judicial circuit in which the county lies shall have the right, subject to the approval of the governing authority of the county, to increase the compensation provided by this Code section for the commis sioners and clerk in an amount not exceeding $100.00 for each day's service, to be paid in like manner."
SECTION 4.
Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-12-40, which reads as follows:
"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of intelligent and upright citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board ofjury commissioners shall select a fairly repre sentative cross section of the most experienced, intelligent, and upright citizens of the county. Such lists shall be composed from the official registered voters list of the county as most recently revised by the county board of registrars or other county election offi cials. If at any time it appears to the board ofjury commissioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county or the grand jury list, so composed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, the board of jury commissioners shall supplement the lists by using other sources so as to assure the trial jury list is a fairly representative cross section of the intelligent and upright citizens of the county and the grand jury list is a fairly representative cross sec tion of the most experienced, intelligent, and upright citizens of the county. Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead.",
and inserting in its place a new paragraph (1) to read as follows:
"(1) At least biennially, unless otherwise directed by the chiefjudge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board ofjury commissioners shall select a fairly repre sentative cross section of the most experienced, intelligent, and upright citizens of the county."
SECTION 5.
Said chapter is further amended by striking Code Section 15-12-122, relating to required jury panels for civil actions, and inserting in lieu thereof a new Code Section 15-12-122 to read as follows:
"15-12-122.
(a)(l) Except as provided in paragraph (2) of this Code section, in all civil actions in the
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shall constitute Hie juiy to try the case each party demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel oTtrial jurors is absent or for any reason disqualified, the judge, at the request of counsel ioFeither party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. In all cases the plaintiff shall have the lust stiike the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of six person's is impaneled to try the case.
(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section.
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nately until there are only 12 jui'oih left, who shall uunslitute the juiy to try the case each party may demand a full panel of 24 competent and impartial jurors from which to select a~jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requir ing the parties or their counsel to strike a jury. In all cases the plaintiff shall have the first hliike the parties or their attorneys may strike alternately, with the plaintiff exer cising the first strike, until a jury of 12 persons is impaneled to try the case?

SECTION 6.

Said chapter is further amended by striking Code Section 15-12-123, relating to demand of jury panels from which to strike a jury in a civil action, and inserting in lieu thereof a new Code Section 15-12-123 to read as follows:
"15-12-123.

(aXi) Except as provided in pai'agi apli (2) subsection (b) of this subsection Code section, in all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to hliikti select a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the par ties or their counsel to strike a jury.

(b)f2) In all civil actions in the state courts in which a jury of 12 is demanded, the judge IFall follow the procedures for superior courts of subsection (b) of this Code hecliun as provided in subsection (b) of Code Section 15-12-122.

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JOURNAL OF THE SENATE

SECTION 7.
Said chapter is further amended by striking Code Section 15-12-125, relating to required jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12125 to read as follows:
"15-12-125.
For the trial of misdemeanors in all courts, the prosecuting attorney and the accused
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coui't shall have a panel made up of 12 jurors m attendance, of which each party may demand a full panel of 12 competent and impartial jurors from which to select a jury.' When one or more of the regular panel of trial jurors is absent or for any reason disquali fied, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall constitute the jury."
SECTION 8.
Said chapter is further amended by striking Code Section 15-12-141, which reads as follows:
"15-12-141.
When the jury is confined in the investigation of a case for a length of time which exposes them to hunger and cold, the court, on application from the jury, may direct them to be furnished with such refreshments as the presiding judge may deem proper. The judge shall draw his warrant on the officer whose duty it is to audit claims against the county in which the investigation is being held, who shall order the same paid out of any funds on hand. The judge may also allow the jury heat if the circumstances require it. This Code section shall not repeal any local law on this subject.",
and inserting in its place a new Code Section 15-12-141 to read as follows: "15-12-141.
The governing authority of each county shall provide facilities for the empaneling of ju ries and for their deliberations. Jury deliberation rooms shall ensure the privacy of the jurors and include space, furnishings, and facilities conducive to reaching a fair verdict. The deliberation rooms shall be safe and secure. To the extent feasible, juror facilities shall be arranged to minimize contact between jurors and parties, counsel, and the pub lic. While the jury is deliberating, the presiding judge may direct them to be furnished with such food and nonalcoholic beverages as the judge shall think proper."
SECTION 9.
Said chapter is further amended by striking subsection (b) of Code Section 15-12-163, relat ing to challenges for cause, hearing of evidence, and when objection may be made, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The state or the accused may make any of the following objections to the juror:
(1) That he the juror is not a citizen, resident in the county;
(2) That he the juror is under 18 years of age;
(3) That he the juror is incompetent to serve as a juroi because of mental illness or mental retardation, or that he the juror is intoxicated; or
(4) That he the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify him the"juror by law from serving on the jury:;
(5) That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror's civil rights have not been restored; or

WEDNESDAY, MARCH 15, 1995

1741

(6) That the juror is unable to communicate in the English language."
SECTION 10.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-1, relating to authorization of total divorces, and inserting in lieu thereof a new Code Section 19-5-1 to read as follows:
"19-5-1.
(a) Total divorces may be granted in proper cases by the superior court. Unless an issuaEle defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings.
(b) In any county in which there has been established an alternative dispute resolution program pursuant to Chapter 23 of Title 15, known as the 'Georgia Court-annexed Alter native Dispute Kesolution Act,' the judge may, prior to trial, refer all contested petitions for divorce or permanent alimony to the appropriate alternative dispute resolution method. In counties in which an alternative dispute resolution program has not been established, a judge may nonetheless refer any disputed divorce case to an appropriate alternative dispute resolution method if a method is reasonably available without addi tional cost to the parties?'
SECTION 11.
This Act shall become effective July 1, 1995.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend the Senate Committee on Judiciary substitute to HB 704 by adding following the word and symbol "lists;" on line 13 of page 1 the following:
"to change the oath of grand jurors; to provide that if the offices of the district attorney are in a county other than the county in which the grand jury is empaneled, inspection of such offices shall be optional;".
By redesignating Sections 5 through 12 as Sections 7 through 14, respectively.
By adding between lines 16 and 17 of page 6 the following:
"SECTION 5.
Said chapter if further amended by striking in its entirety subsection (b) of Code Section 15-12-67, relating to the selection of a foreperson and oath of the foreperson and grand jurors, and inserting in lieu thereof the following:
'(b) The following oath shall be administered to the foreperson and to each member of the grand jury:
"You, as foreperson (or member) of the grand jury for the County of _____, shall diligently inquire and true presentment make of all such matters and things as shall be given you in the court's charge or shall come to your knowledge touching the present
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thing occurring in the giand juiy mum and you shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this state. You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowledge. So help you God."'

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JOURNAL OF THE SENATE

SECTION 6.
Said chapter is further amended in Code Section 15-12-71, relating to the duties of grand juries, by striking in its entirety paragraph (I) of subsection (b) and inserting in lieu thereof the following:
'(b)(l) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the district attorney, the judge of the probate court, and the county treasurer or county de pository. If the office of the district attorney is located in the county in which the grand jury is empaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years, if the offices of the district attorney are located in a county other than the county in which the grand jury is empaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems neces sary or desirable.'".
On the adoption of the amendment, the yeas were 33, nays 0, and the Clay amendment to the committee substitute was adopted.
Senator Clay of the 37th offered the following amendment:
Amend the Senate Committee on Judiciary substitute to HB 704 by adding following the word and symbol "jurors'; on line 25 of page 1 the following:
"to amend Code Section 17-7-150 of the Official Code of Georgia Annotated, relating to procedures for change of venue, so as to provide additional procedures for change of venue;".
By adding "; to provide for applicability" following the word "date" on line 30 of page 1, by redesignating existing Section 10 as Section 11, and by inserting between lines 12 and 13 of page 10 the following:
"SECTION 10.
Code Section 17-7-150 of the Official Code of Georgia Annotated, relating to procedures for change of venue, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
'(a)(l) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in his the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evi dence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue; the judge shall transfer it the case to any county that may be agreed upon by the prosecuting attorney and the defendant or his the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; r-if if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects H county agreed upon, the judge shall select such county as; in rris the judge's judgment; will afford a fair and impartial jury to try the case and have it transferred accordingly.

WEDNESDAY, MARCH 15, 1995

1743

(2) In the exercise of such discretion, the judge shall consult with the chief superior court Judge of the circuit in which a county of transfer lies and consider the following factors:
(A) The existing criminal and civil trial calendars of the transfer county;
(B) The frequency of use as a transfer county;
(C) The estimated length of trial;
(D) The proposed date of trial;
(E) Whether or not the jury is to be sequestered;
(F) Which county shall be responsible for court security, prisoner security, bailiffs, jail ers, and clerks of court personnel;
(G) Jury transportation;
(H) Securing hotel accommodations in the event of jury sequestration;
(I) Securing of meals for jurors and other court personnel;
(J) which county will guarantee and pay vendors for services rendered;
(K) The necessity for deposit or prepayment of expenses by the county of the crime venue; and
(L) All other matters which reasonably may affect the orderly administration of justice in the transfer county. In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute.
(3) Either by the agreement of the defense counsel, the prosecuting attorney, and the judge or by the exercise of discretion by the judge the trial jury may be selected from qualified jurors of the transfer county, although the trial of the criminal case may take place in the county of the venue of the alleged crime. In the exercise of discretion, to select the jury in the transfer county but to try the case in the county of venue of the alleged crime, the judge shall consult with the chief superior court judge of the circuit in which the county of transfer lies and consider all of the factors provided in subparagraphs (A) through (L) of paragraph (2) of this subsection as well as the following factors:
(A) The hardship of sequestration a distance from home on the jurors;
(B) The comparison of court space available;
(C) The comparison of security, jail, clerical, and support staff;
(D) The costs to conduct the trial in each place;
(E) The impact of trial on the orderly administration of justice in each county;
(F) The impact on witnesses;
(G) The availability of hotel accommodations and meals for jurors in each county;
(H) The effect on the prosecuting attorney and defense counsel in each county; and
(I) All other matters which would afford a fair trial and the orderly administration of justice.
In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute.'"
By redesignating Sections 11 and 12 as Sections 12 and 13, respectively, and by striking line 40 of page 10 and inserting in lieu thereof the following:
"This Act shall become effective July 1, 1995. Section 10 of this Act shall apply to all criminal cases in which the county of transfer has not been designated by court order.".
On the adoption of the amendment, the yeas were 31, nays 0, and the Clay amendment to the committee substitute was adopted.

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JOURNAL OF THE SENATE

Senators Ray of the 19th and Perdue of the 18th offered the amendment:
Amend the Senate Committee on Judiciary substitute to HB 704 by striking line 1 on page 1 and inserting in lieu thereof the following:
"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 ofof"r.an effective date and applicability; to amend Chapter 12 of Title 15 of the Official Code
By redesignating Sections 1 through 12 as Sections 2 through 13, respectively, and in serting a new Section 1 to read as follows:
"SECTION 1.
Code Section 15-6-77, relating to fees of superior court clerks, is amended by striking sub section (e) and inserting in its place a new subsection to read as follows:
'(e) Costs in civil cases:
(1) As used in this subsection, the term "civil cases" shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, con demnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph (3) paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ....................................... $1.00
All bonds over 500, each ............................................. .50
(B) Recording on final record, per page ................................ 1.50
(4) The total sum for all services rendered by the clerk of superior court through entry ofjudgment in family violence cases under Chapter 13 of Title 19 shall be $20.00. Such ium shall be inclusive of any additional sums which may be provided for by other laws except costs tor service of process; and any remittances required to be made by the clerk of superior court in such cases shall be made from such $20.00. No additional sums, other than costs for service of process, shall be charged or collected in a family violence case. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 156-77.1, 15-6-77.2, and 15-6-771T
(4X5) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded bpyarttyhe.'"clerk unless and until the same have been paid to the clerk by the losing

WEDNESDAY, MARCH 15, 1995

1745

By striking line 40 on page 10 and inserting in lieu thereof the following:
"This Act shall become effective July 1, 1995, and Section 1 of this Act shall apply with respect to actions filed on or after that date."
On the adoption of the amendment, the yeas were 31, nays 0, and the Ray and Perdue amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 35, 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 Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan

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

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

Those not voting were Senators:

Broun of 46th Crotts (excused) Gillis (presiding) Griffin

Harbison Hooks (excused) McGuire Perdue

Ray (excused) Starr Taylor Walker (excused)

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
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

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Cheeks Clay Day Dean Edge Egan Farrow Glanton Gochenour Guhl Henson Isakson

James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Newbill Oliver Pollard

Those not voting were Senators:

Black Crotts (excused) Gillis (presiding) Griffin
Harbison

Hill Hooks (excused) McGuire Middleton

Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner
Perdue Ray (excused) Tysinger Walker (excused)

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.
Senator Thomas of the 10th moved that the Senate insist on its substitute to HB 423.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 423.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 49. By Senators Crotts of the 17th, Langford of the 29th, Gochenour of the 27th, Johnson of the 1st, McGuire of the 30th 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.

WEDNESDAY, MARCH 15, 1995

1747

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 Calendar was resumed.
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.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Appropriations Committee offered the following substitute to HB 233:
A BILL
To be entitled an Act to amend Code Section 28-5-5 of the Official Code of Georgia Anno tated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provisions relat ing to the time of appointment of members of the committee; to provide for related matters; to amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, so as to authorize the Research Office of the Budgetary Responsibility Oversight Committee to perform certain oversight functions; 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 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, is amended by striking sub section (a) and inserting in its place a new subsection to read as follows:
"(a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of five six members of the House of Representatives appointed by the Speaker of the House of Representatives and five six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each even numbered odd-numbered year and shall serve until their successors are appointed, except that the initial members of the cumniittue shall be selected within 00 days aftm April 28, 1990, and shall beive
UilLil tlltjit* StlCCcSSGi'S ctic SclcOtcu- nl JtuiU.&i'y ul J.yy*l.
SECTION 2.
Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) The Office of Planning and Budget, and the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall under take and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University

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System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget, and the Department of Audits and Ac counts, and the Research Office of the Budgetary'Responsibility Oversight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget, arid the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to contract with private contrac tors to perform, or assist in the performance of, these evaluations."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and the additional members of the Budgetary Responsibility Over sight Committee added by this Act may be appointed at any time on or after the effective
date of this Act.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Dean Edge Farrow
Glanton Gochenour

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

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

Those not voting were Senators:

Abernathy Black
Crotts (excused) Day

Egan Gillis (presiding)
Henson Hooks (excused)

James Perdue Ray (excused)

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, MARCH 15, 1995

1749

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.
Senate Sponsor: Senator Walker of the 22nd.

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

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

Those voting in the affirmative were Senators:

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

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

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

Not voting were Senators Harbison and Land.

Those not voting were Senators:

Abernathy Cheeks Crotts (excused) Day Gillis (presiding)

Glanton Griffin Hooks (excused) James

Middleton Stokes Taylor Walker

On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Newbill of the 56th.

The Senate Committee on Education offered the following substitute to HB 406:

A BILL
To be entitled an Act to amend Code Section 20-2-987 of the Official Code of Georgia Anno tated, relating to the Professional Standards Commission, so as to change provisions relat ing to the executive secretary of the Professional Standards Commission; to amend Code Section 20-2-302, relating to funds for operation of schools for the deaf and blind, so as to provide that employees of state schools for the deaf and blind shall serve in the unclassified service of the state merit system; to provide that authority may be delegated to the State

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School Superintendent to employ or dismiss employees of state schools for the deaf and blind; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relating to the merit system generally, so as to change the definition of the term "unclassified service" to include certain employees of state schools operated by the State Board of Education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Profes sional Standards Commission, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commission shall appoint an executive secretary who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the Governor commission. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent."
SECTION 2.
Code Section 20-2-302 of the Official Code of Georgia Annotated, relating to funds for oper ation of schools for the deaf and blind, is amended by designating the current language of said Code section as subsection (a) and by inserting at the end thereof new subsections (b) and (c) to read as follows:
"(b) Employees of the state schools for the deaf and blind governed by the State Board of Education shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classi fied service and be governed by the provisions thereof; provided, further, that such em ployees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service.
(c) The State Board of Education may delegate to the State School Superintendent the authority to employ and dismiss employees at the state schools for the deaf and blind."
SECTION 3.
Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions re lating to the merit system generally, is amended in paragraph (15) by striking "and" at the end of subparagraph (BB), by replacing the period with "; and" at the end of subparagraph (CO, and by adding at the end a new subparagraph (DD) to read as follows:
"(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order."
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.

WEDNESDAY, MARCH 15, 1995

1751

On the 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 Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Glanton

Gochenour Griffin Guhl Henson Hill 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

Those voting in the negative were Senators:

Brown of 26th

Harbison

Taylor

Those not voting were Senators:

Blitch Broun of 46th Cagle

Gillis (presiding) Hooks (excused) Isakson

Oliver Starr Walker

On the passage of the bill, the yeas were 44, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
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. Senate Sponsor: Senator Egan of the 40th.
The Senate Committee on Special Judiciary offered the following substitute to HB 520:
A BILL
To be entitled an Act 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 unlawful to abuse a dead body prior to interment; to provide that the lawful presence of the offender at the place where the dead body is abused shall not be a defense to a prosecution under this Act; to provide a penalty; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, is amended by adding immediately following Code Sec tion 31-21-44, relating to the wanton or malicious removal of dead body from grave or dis turbance of contents of grave, a new Code Section 31-21-44.1 to read as follows:
"31-21-44.1.
(a) A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a fu neral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

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

Glanton Griffin Guhl Harbison Henson Hill Isakson James Kemp Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy
Black Gillis (presiding) Gochenour

Hooks (excused) Johnson of 2nd Johnson of 1st

Ragan Taylor Walker

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

WEDNESDAY, MARCH 15, 1995

1753

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. Senate Sponsor: Senator Blitch of the 7th.

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 Thomas B. Buck, III, Chairman

House Ways and Means Committee

,,.

State Capitol, Room 133

Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 524 Substitute (LC 18 6842S) t:

Dear Chairman Buck:
This bill gives an annual income tax credit of $5,000 for up to five years to physicians in selected specialties who take up practice on or after July 1, 1995 in a county having fewer than 65 persons per square mile in 1990.
Under the bill, qualifying physicians filing joint returns will have no tax liability to Georgia on taxable incomes up to $88,000. Using the mean levels of exclusions, dependents, and deductions for this taxable income, the bill eliminates Georgia income tax for new rural physicians with incomes of up to approximately $129,000.
If the bill becomes law, the State's revenues will be affected in two ways. To the extent that qualifying physicians would have moved to rural counties without the credit, the State loses revenue at the rate of $5,000 per year for five years for each physician who takes up and remains in a rural practice. To the extent that qualifying physicians come only under the inducement of the credit, the State gains revenue from taxes they pay on amounts of income over $129,000.
The growth rate in the numbers of rural physicians from 1990-1992 may be taken as an indicator of the numbers who would have come without the credit in each year after July 1, 1995. Accordingly, the revenue loss to the State rises year by year as more physicians qualify for the credit from $0.06 to $0.10 million in the first year to $0.29 to $0.56 million in the fifth year. The five-year revenue loss is estimated to be between $0.86 and $1.66 mil lion. In the sixth year and following years, annual revenue losses rise above those of the fifth year by between $0.07 million and $0.13 million per year.
Since the average net income of new physicians induced to locate in rural counties will be above the "no tax" le^el of $129,000, the losses to the State will be offset by the income

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taxes they pay. Allowing these net incomes to grow at three percent per year over 1994 levels, the five-year net loss to the State is reduced to between $0.79 and $1.52 million.
Sincerely,
Isl Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

Senator Egan of the 40th offered the following amendment:

Amend HB 524 by adding after "foregoing;" on line 8 of page 1 the following:
"to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to provide for exemptions for certain sales to nonprofit li censed in-patient hospices;".
By adding between lines 25 and 26 of page 2 the following:

"SECTION 1.1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is 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 per forming 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;'."
By striking "and" and inserting ". Section 1 of this Act" on line 28 of 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:

Balfour Blitch
Boshears Bowen
Broun of 46th
Brown of 26th
Burton Cagle
Cheeks Crotts Day
Dean Edge Egan Farrow 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 Slotin
Starr Stokes Tanksley
Thompson Turner Tysinger Walker

WEDNESDAY, MARCH 15, 1995

1755

Those not voting were Senators:

Abernathy Black Clay

Gillis (presiding) Hooks (excused) Johnson of 2nd

Scott Taylor Thomas

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

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.
Senator Dean of the 31st moved that the Senate insist on its substitute to HB 435.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 435.
The following resolution was taken up to consider House action thereto:

SR 12. By Senator Hooks of the 14th: A resolution designating the J. L. Turner Bridge.

The House substitute was as follows:
A RESOLUTION
Designating the J. L. Turner Bridge and the William E. "Bill" Ireland Youth Development Campus; and for other purposes.
PARTI
WHEREAS, Mr. J. L. Turner was very active throughout his life in community affairs; and
WHEREAS, as Mayor of Ideal, Georgia, for many years, he provided the vision and leader ship for successful efforts to pave roads and install sewer lines and municipally owned cable television; and WHEREAS, he retired after years of commendable service to the people of this state in a responsible position in the Georgia Department of Transportation; and
WHEREAS, he was held in affectionate regard by the citizens of Ideal and Macon County, Georgia, who have missed his energy and cheerful spirit since his passing from this life; and
WHEREAS, several citizens in Ideal and the surrounding area, representatives from Georgia Power and Alltel, the Macon County Shrine Club, and others have expressed the desire to honor the memory of Mr. J. L. Turner; and
WHEREAS, the City Council of Ideal, Georgia, voted unanimously to request that the new bridge on Georgia Route 90 be named after him.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Mr. J. L. Turner for his many contributions to his

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community and the state and designate the bridge on Georgia Route 90 in Macon County the J. L. Turner Bridge.
BE IT FURTHER RESOLVED that the Georgia Department of Transportation is author ized and directed to erect and maintain appropriate signs designating the bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Mayor and City Coun cil of Ideal, Georgia.

PART 2

WHEREAS, William E. Ireland was an inmate at the Georgia Reformatory for Boys in Milledgeville, Georgia; and
WHEREAS, during his confinement, the director of the institution recognized Mr. Ireland's great leadership abilities and employed him at the institution in 1921; and
WHEREAS, in 1926, upon Director Carswell's retirement, Mr. Ireland was appointed the new director of the institution; and
WHEREAS, Mr. Ireland was instrumental in having the supervision of the institution transferred from the prison system to the Department of Welfare and in having the name of the facility changed to the Georgia Training School for Boys; and
WHEREAS, Mr. Ireland was respected and loved by the employees and the residents of the training school and was known to all as "Mr. Bill"; and
WHEREAS, he served as director of the training school during 12 gubernatorial adminis trations before being appointed as State Welfare Director in 1947 by acting Governor, M. E. Thompson; and
WHEREAS, in January of 1949, he was reappointed as director of the Georgia Training School for Boys and remained as director until his retirement in 1964; and
WHEREAS, Mr. Ireland died in 1985 at the age of 84, but he will always be remembered for his 43 years of dedicated service to the people of this state; and
WHEREAS, the former Georgia Training School for Boys is now the Youth Development Campus in Milledgeville, Georgia, under the jurisdiction of the Department of Children and Youth Services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Youth Development Campus in Milledgeville, Georgia, be named the William E. "Bill" Ireland Youth Development Campus.
BE IT FURTHER RESOLVED that the Department of Children and Youth Services is au thorized and directed to place and maintain appropriate markers designating the William E. "Bill" Ireland Youth Development Campus.
BE IF FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Commissioner of Chil dren and Youth Services and to the family of Mr. William E. "Bill" Ireland.
Senator Hooks of the 14th moved that the Senate agree to the House substitute to SR12.

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
Crotts Day
Dean

Edge Egan Farrow Gochenour
Guhl Harbison
Henson

WEDNESDAY, MARCH 15, 1995

1757

Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Marable

McGuire Middleton Newbill Oliver Pollard Ralston Ray Scott Slotin

Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay Gillis (presiding) Glanton

Griffin Johnson of 2nd Madden

Perdue Ragan Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 12.
The following bill was taken up to consider House action thereto:

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.
Senator Land of the 16th moved that the Senate adhere to its disagreement to the House substitute to SB 105 and appoint a Conference Committee.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Land of the 16th, Oliver of the 42nd and Stokes of the 43rd.
The following bill was taken up to consider House action thereto:

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.
Senator Farrow of the 54th moved that the Senate adhere to its disagreement to the House substitute to SB 124 and appoint a Conference Committee.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Egan of the 40th, Edge of the 28th and Farrow of the 54th.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th, Perdue of the 18th, Abernathy of the 38th and others:
A resolution commending the late Senator Arthur Langford, Jr., and designat ing the Arthur Langford, Jr., Memorial Parkway.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 Calendar was resumed.

WEDNESDAY, MARCH 15, 1995

1759

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". Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Health and Human Services offered the following amendment:
Amend HB 570 by striking in their entirety lines 6 through 9 of page 1 and inserting in lieu thereof the following:
"for automatic repeal;".
By striking in their entirety lines 8 through 23 of page 3.
On the adoption of the amendment, the yeas were 30, nays 0, and the committee amendment was adopted.
Senator Walker of the 22nd offered the following amendment:
Amend HB 570 by adding immediately preceding the period on line 2 of page 2 the following:
"and who is a participant in the Jobs First Program established by Code Section 49-4118".
On the adoption of the amendment, the yeas were 34, nays 0 and the Walker amend ment was adopted.
Senator Balfour of the 9th, Edge of the 28th and Isakson of the 21st offered the follow ing amendment:
Amend HB 570 by inserting between lines 4 and 5 of page 2 the following:
"(3) Wages' means any and all wages, tips, allocated tips, compensation, or benefits, whether taxable to the employee or otherwise, which are received by the employee."
By striking "is compensated at" and inserting in its place "receives wages of" on line 9 of page 2.
By striking "is compensated at" and inserting in its place "receives wages of" on line 13 of page 2.
By striking "is compensated at" and inserting in its place "receives wages of" on line 18 of page 2.
On the adoption of the amendment, the yeas were 30, nays 0, and the Balfour, et al. amendment was adopted.
Senator Henson of the 55th offered the following amendment:
Amend HB 570 by deleting on pg 2 Line 7 the date "July 1,1995" and inserting in its place "Jan 1, 1996".
On the adoption of the amendment, the yeas were 29, nays 0, and the Henson amend ment was adopted.

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JOURNAL OF THE SENATE

Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th, et al. offered the following amendment:
Amend HB 570 by inserting at the end of line 23 on 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;".
By inserting between lines 16 and 17 of page 7 the following:
"SECTION 2.2.
Said article is further amended by adding at the end a new Code section to read as follows: '49-4-120.
(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 centers; (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); (31) Section 8 lower income housing assistance;

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(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 Program); (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; (73) Low-income home energy assistance program;

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JOURNAL OF THE SENATE

(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.'".
Senator Ralston of the 51st asked unanimous consent that his amendment be withdrawn.
The consent was granted and the Ralston, et al. amendment was withdrawn.
Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th, et al. offered the following amendment:
Amend HB 570 by inserting at the end of line 23 on page 1 the following:
"to change the provisions relating to when the birth of a child disqualifies recipients of public assistance from certain additional benefits;
By inserting immediately following line 16 on page 7 the following:
"SECTION 2.2.
Said article 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 pursuant tu a penally imposed by
lilt COliiillifeSiiOiicH lOi1 iciiiU.1~& 10 COIUply Wittl IjdidlL ^lA^iDility l^tjU.ir&QlSilt'Sj SU.DS6QU.6rit
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 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

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after January 1, 1994. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in beiiuflth money payments in cases in which the birth of a child is the result of a verifiable rape or incest.'"
By striking line 21 on page 7 and inserting in lieu thereof the following:
",2.1, and 2.2 of this Act."
By striking line 23 on page 7 and inserting in lieu thereof the following:
"Sections 1.1, 2, 2.1, and 2.2 of this Act shall become effective".

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

Those voting in the affirmative were Senators:

Black Boshears Burton Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Isakson Johnson of 1st

Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th Dean Griffin Harbison Henson Hill Hooks James

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

Ragan Ray Scott Slotin Starr Stokes Thomas Turner Walker

Those not voting were Senators:

Abernathy Balfour Blitch

Cheeks Farrow Gillis (presiding)

Taylor Thompson

On the adoption of the amendment, the yeas were 20, nays 28, and the Ralston, et al. amendment was lost.
Senators Ralston of the 51st, Edge of the 28th, Newbill of the 56th, et al. offered the following amendment:
Amend HB 570 by inserting at the end of line 23 on page 1 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;".

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JOURNAL OF THE SENATE

By inserting immediately following line 16 on page 7 the following:

"SECTION 2.2.

Said article 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 (b) (c) of this Code section, if a person applying fui assistance under lliis ailicle an applicanOs under 18 years of age, has never married, and is either pregnant or has a dependent child in the applicant's care, the applicant is not eligible for such assistance if:
(1) The applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such 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 peisun 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.
Subsection (a) (b) 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;
3.1*6Ilt Oin 1&1 ^Uiii'ijicli'i 01 tflG p^l'SOi
to live in the hume of Chat patent or legal guardian Reserved;
(3) The person applying fm 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.' "
By striking line 21 on page 7 and inserting in lieu thereof the following:
",2.1, and 2.2 of this Act."
By striking line 23 on page 7 and inserting in lieu thereof the following:
"Sections 1.1, 2, 2.1, and 2.2 of this Act shall become".

On the adoption of amendment, Senator Gillis, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Boshears Bowen Burton Cagle Clay Crotts Day

Edge Egan Farrow Gochenour Guhl Isakson Johnson of 1st Kemp

Land McGuire Newbill Pollard Ralston Tanksley Thompson Tysinger

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1765

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Dean Griffin Harbison Henson Hill Hooks James

Johnson of 2nd Langford Madden Marable Middleton Oliver Perdue Ragan

Ray Scott Slotin Starr Stokes Thomas Turner Walker

Those not voting were Senators:

Abernathy Balfour Blitch

Cheeks Gillis (presiding)

Glanton Taylor

On the adoption of the amendment, the yeas were 24, nays 25, and the Ralston, et al. amendment was lost.
Senator Ralston of the 51st moved that the Senate reconsider its action in defeating the amendment.

On the motion, Senator Gillis, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Burton Cagle Cheeks Clay

Crotts Day Edge Egan Glanton Gochenour Guhl Isakson

Johnson of 1st Kemp McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Dean Farrow Griffin Harbison Henson Hill
Hooks James

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

Ray Scott Slotin Starr Stokes Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch

Gillis (presiding) Land

Taylor

On the motion, the yeas were 23, nays 28; the motion lost, and the Ralston, et al. amendment was not reconsidered.

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JOURNAL OF THE SENATE

Senators Ralston of the 51st, Clay of the 37th, Edge of the 28th, et al. offered the following amendment:

Amend HB 570 by inserting at the end of line 23 on page 1 the following: "to change a definition and terminate money payments;".
By inserting immediately following line 16 on page 7 the following:

"SECTION 2.2.

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 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. Therefore, said article is further amended by striking paragraph (1) of Code Section 49-4101, relating 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 niouey 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 uiuuey payments have been made
ililtltil1 tn&nStttc plcHi Wit.ll i'tfcpiiCL IO SUCH Clliiu. I0in feU.OJ.1 lilOlltlli .

SECTION 2.3.

Said article 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.'" By striking line 21 on page 7 and inserting in lieu thereof the following:
", 2.1, 2.2, and 2.3 of this Act." By striking line 23 on page 7 and inserting in lieu thereof the following:
"Sections 1.1, 2, 2.1, 2.2, and 2.3 of this Act shall become effective".

On the adoption of the amendment, Senator Gillis, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Boshears Burton Cagle Cheeks Clay Crotts Day

Edge
Egan Farrow Glanton Gochenour Guhl Isakson James

Johnson of 1st
Land McGuire Newbill Tanksley Thompson Ty singer

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th

Dean Griffin Harbison

Henson Hill Hooks

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Johnson of 2nd Kemp Langford Madden Marable Middleton

Oliver Perdue Pollard Ragan Ray Scott

Those not voting were Senators:

Abernathy Black Blitch

Gillis (presiding) Ralston

Slotin Starr Stokes Thomas Turner Walker
Taylor

On the adoption of the amendment, the yeas were 23, nays 27, and the Ralston, et al. amendment was lost.
The President resumed the Chair.
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 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 Thomas Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Cheeks.

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

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. Senate Sponsor: Senator Ralston of the 51st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Farrow
Gochenour Griffin
Guhl Harbison Henson
Hill Hooks James
Johnson of 2nd Johnson of 1st Langford Madden McGuire

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

Those not voting were Senators:

Abernathy Black Blitch Gillis Glanton

Isakson Kemp Land Marable Ragan

Starr Taylor Thomas Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following resolution was taken up to consider House action thereto:

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 House substitute was as follows:
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; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land containing 50.0 acres of land situate, lying and being in the 123rd G. M. District of Richmond County, Georgia, and being more particularly shown and delineated on a certain March 16, 1974, Plat of Survey prepared for State of Georgia for Department of Human Resources by Jamie Golden, Georgia Registered Land Surveyor No. 1680, and entitled "PLAT SHOWING PROPERTY SURVEYED FOR STATE OF GEORGIA FOR DEPT. OF HUMAN RESOURCES"; and
WHEREAS, in 1931, the State of Georgia purchased approximately 30.0 acres of the abovedescribed 50.0 acre tract and Richmond County gave the State of Georgia the remaining 20.0 acres of said tract; and

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WHEREAS, the State Properties Commission, acting by virtue of and pursuant to the au thority granted by Resolution Act No. 94 passed by the General Assembly in its 1974 regu lar session and approved by the Governor on March 21,1974, (Ga. L. 1974, p. 612), entered into a lease agreement with the Augusta Association for Retarded Children, Inc., a Richmond County, Georgia, nonprofit corporation, said agreement dated August 30, 1974 (hereinafter "Lease Agreement"), leasing said parcel of real property to the Augusta Associ ation for Retarded Children, Inc., for a term of six years commencing August 30, 1974, and ending August 29, 1980; and
WHEREAS, the State Properties Commission and the Augusta Association for Retarded Children, Inc., on March 7, 1977, entered into an agreement to amend the aforesaid Lease Agreement (hereinafter "Amendment to Lease Agreement"), to, among other things, change the term of the Lease Agreement to a term of 50 years commencing August 30, 1974, and ending August 29, 2024; and
WHEREAS, Richmond County is desirous of obtaining ownership of said parcel of real property subject to all stipulations, provisions, terms, covenants, agreements, and condi tions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement; and
WHEREAS, said parcel of real property is surplus to the needs of the State of Georgia; and
WHEREAS, a portion of said parcel of real property was originally conveyed to the state by Richmond County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property, subject to all stipulations, provisions, terms, cove nants, agreements, and conditions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement, may be conveyed by appropriate instrument to Richmond County by the State of Georgia, acting by and through the State Properties Com mission, for a consideration of the fair market value of the 30.0 acre tract which was previ ously purchased by the State of Georgia and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 4.
That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Richmond County.
SECTION 5.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE SENATE

SECTION 6.

That all laws and parts of laws in conflict with this resolution are repealed.
Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SR 248.

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

Those voting in the affirmative were Senators:

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

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 Ralston
Scott Slotin Starr Stokes Tanksley Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Day

Farrow Marable Ragan

Ray Taylor Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 248.

The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend the Senate amendment to HB 175 by striking in its entirety line 25 of page 1 and inserting in lieu thereof the following:
"classification; to change the method of computing the number of employees; to permit the use of more than one rate of".
By striking in their entirety lines 29 through 30 of page 4 and inserting in lieu thereof the following:
"which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession".
By striking in its entirety line 8 of page 11 and inserting in lieu thereof the following:
"practitioner as computed on a full-time position basis or full-time position equivalent basis, provided that for the purposes of this computation an employee who works 40

WEDNESDAY, MARCH 15, 1995

1771

hours or more weekly shall be considered a full-time employee and that the average weekly hours of employees who work less than 40 hours weekly shall be added and such sum shall be divided by 40 to produce full-time position equivalents;""^
By striking in its entirety line 8 of page 13 and inserting in lieu thereof the following:
"who paid occupation taxes in the previous year;".
By striking in its entirety line 16 of page 13 and inserting in lieu thereof the following:
"and the increase in tax; and
(G) A credit or reduction as an adjustment for seasonal fluctuations in the number of employees, other fluctuations in the number of employees, increases or decreases in the number of employees, or temporary employees."
Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate amendment to HB 175.

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 Crotts Day Dean Edge Egan 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

Voting in the negative was Senator Clay.

Those not voting were Senators:

Abernathy Farrow

Taylor

Walker

On the motion, the yeas were 51, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 175.

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

Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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.

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JOURNAL OF THE SENATE

The House has disagreed to the Senate amendment to the following resolution of the House:
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.
The House has disagreed to the Senate substitute to 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 disagreed to the Senate amendment to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th, Kemp of the 3rd and Marable of the 52nd:
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.
SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th, Bowen of the 13th and Dean of the 31st:
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 House has passed by the requisite constitutional majority the following bill of the Senate:
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 Calendar was resumed.

WEDNESDAY, MARCH 15, 1995

1773

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.
Senate Sponsor: Senator Henson of the 55th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Clay Crotts Dean Egan Gillis Griffin Guhl

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

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

Those voting in the negative were Senators:

Black Burton Cagle

Day Farrow Glanton

Gochenour Pollard Starr

Those not voting were Senators:

Cheeks Edge

Hill Perdue

Walker

On the passage of the bill, the yeas were 42, nays 9. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

The House substitute was as follows:
A BILL
To be entitled an Act 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 provisions relat ing to the applicability of the Georgia Administrative Procedure Act to Title 27 generally; to provide for clarification of certain references contained in said title; to provide for ap peals; 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; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in their entirety subparagraphs (E), (F), and (G) of paragraph (36) of Code Section 27-1-2, relating to the definition of game fish, and inserting in lieu thereof, respectively, the following:
"(E) Sunfish or bream: (i) Flier;
(ii) Spotted sunfish (stumpknockers), rock bass (goggleye);
(iii) Rockbass (goggleye);
(iv) Shadow bass; (riiXv) Redbreast Sunfish; (rvKvi) Redear Sunfish;
(rX(vii) Bluegill (bream); and
(riK(viii) Warmouth;
(F) Perch?
(i) Walleye; and
(ii) Sauger;
(G) Pickerel:
(i) Muskelluiige,
(rrKi) Chain pickerel;
(iiiXii) Grass pickerel; and
fivXiii) Redfin pickerel; and"
SECTION 2.
Said title is further amended by adding two new subsections (d) and (e) to Code Section 271-5, relating to the applicability of the Georgia Administrative Procedure Act to Title 27 generally, to read as follows:
"(d) Notwithstanding any other law to the contrary, any reference to an administrative law judge or hearing officer in this title shall be to an administrative law judge appointed by the chief state administrative law judge. The decision of the administrative law judge shall constitute the final administrative decision in any matter and any party to the matter, including the commissioner, shall have the right of judicial review in accordance with Chapter 13 of Title 50. Any request for administrative review by an administrative law judge appointed by the chief state administrative law judge shall be filed with the commissioner.

WEDNESDAY, MARCH 15, 1995

1775

(e) Notwithstanding any other law to the contrary, any reference to a final decision of the Board of Natural Resources in this title shall be to a final administrative decision by an administrative law judge appointed by the chief state administrative law judge."
SECTION 3.
Said title is further amended by striking Code Section 27-4-10, relating to creel and posses sion limits, in its entirety and inserting in lieu thereof the following:
"27-4-10.
It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:
(1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass;
(2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout;
(3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length:
(A) White bass; (B) Striped bass; (C) Striped-white bass hybrids; (4) Notwithstanding the provisions of paragraph (3) of this Code section to the con trary, from the Ogeechee River, the Oconee River downstream of Sinclair Daai Georgia Highway 22 in Milledgeville, the Ocmulgee River downstream of Juliette Daui tEe Georgia Highway 96 bridge between Houston and Twiggs counties, the AltamaKa River, and the Satilla River; from the tributaries to such described sections; and from salt water as defined in Code Section 27-4-1 two of any one or a combination of the following species each of which must be 22 inches or longer: (A) White bass; (B) Striped-white bass hybrids; (C) Striped bass; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike); (7) Eight sauger;
\o) L vVO HlllSfe,fillUii^ti,
f9X8) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin;
ft6X9) Thirty of any one or a combination of the following species: (A) Black crappie;

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JOURNAL OF THE SENATE

(B) White crappie;
f-ttXlO) Eight of any one or a combination of the following species:
(A) American shad;
(B) Hickory shad;
(taK(ll) A total of 50 of all of the species named in this Code section."
SECTION 4.
Said title is further amended by striking subsection (b) of Code Section 27-4-36, relating to artificial-lure streams, in its entirety and inserting in lieu thereof the following:
"(b) The following streams are declared to be artificial-lure streams:
(1) That portion of the Chattahoochee River from Georgia Highway 20 downstream to the boat ramp at the National Park Service Medlock Bridge Park immediately up stream of Georgia Highway 141; (2) Noontootla Creek and its tributaries on the Blue Ridge Management Area; (3) Coleman River and its tributaries from the junction with Tallulah River upstream to Forest Service Bridge No. 54; (4) Jones Creek and its tributaries on the Blue Ridge Management Area; (5) Mountaintown Creek and its tributaries above SCS structure No. 2; (6) Stanley Creek and its tributaries on the Rich Mountain Management Area;
(7) Hoods Creek and its tributaries on the Warwoman Management Area; and (8) Walnut Fork and its tributaries on the Warwoman Management Area:; (9) Conasauga River upstream of the Georgia-Tennessee state line and its tributaries to that portion of the river; provided, however, Conasauga River and its tributaries shall not be artificial-lure streams from the last Saturday in March through October 31 of each year; an5
(10) Dukes Creek in White County downstream from the United States Forest Service property boundary?'
SECTION 5.
Said title is further amended by striking paragraph (b) of Code Section 27-4-50, relating to manner of fishing, in its entirety and inserting in lieu thereof the following:
"(b) It shall be unlawful to use live fish for bait in any waters designated in Code Section 27-4-52 or 27-4-53; provided, however, that it shall not be unlawful to use live fish for bait in that section of the Chattahoochee River downstream of Morgan Falls Dam."
SECTION 6.
Said title is further amended by striking subsection (c) of Code Section 27-4-51, relating to hours, in its entirety and inserting in lieu thereof the following:
"(c) Those streamed designated as trout streams without seasons in Code Section 27-4-52 shall be open for fishing 24 hours a day; provided, however, this subsection shall not apply to the Conasauga River watershed upstream of the Georgia-Tennessee state line nor to the Chattahoochee River downstream of Lake Lamer?'
SECTION 7.
Said title is further amended by striking Code Section 27-4-52, relating to trout waters without seasons, in its entirety and inserting in lieu thereof the following:

WEDNESDAY, MARCH 15, 1995

1777

"27-4-52.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year:
(1) Bartow County: (A) Connesena Creek watershed; 6A-XB) Dykes Creek watershed; fBXC) Pine Log Creek watershed; (6XD) Pyle Creek watershed; (B)(E) Salacoa Creek watershed; (EXF) Spring Creek watershed; (G) Stamp Creek watershed; fFKH) Two Run Creek watershed; and (6X1) Ward Creek watershed;
(2) Carroll County: (A) Brooks Creek watershed; (B) Mud Creek watershed; and (C) Tallapoosa River;
(3) Catoosa County: (A) Dry Creek watershed (Part of, which is a part of the East Chickamauga Creek watershed), upstream of Catoosa County Road 257; (B) Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and (C) Tiger Creek watershed upstream from Georgia Highway 2;
(4) Chattooga County: (A) Little Armuchee Creek watershed upstream from County Road 326; (B) Storey Mill Creek watershed; and (C) Taliaferro Creek watershed;
(5) Cherokee County: (A) Bluff Creek watershed upstream of Cherokee County Road 114; (B) Murphy Creek watershed; (C) Pine Log Creek watershed; and (D) Salacoa Creek watershed; (E) Sope Creek watershed upstream of Cherokee County Road 116; and (F) Stamp Creek watershed; and (PXG) Wiley Creek watershed;
(6) Cobb County: Chattahoochee River downstream to the lower or most southerly crossing of 1-285 West bridge (lower or mo&l southerly mossing); (7) Dade County:
(A) Allison Creek watershed; and (B) Lookout Creek watershed, upstream from Dade County Road 197; (8) Dawson County: Amicalola Creek from Road S 2275 downstream to Georgia High way 53;

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JOURNAL OF THE SENATE

(9) Fannin County:
(A) Conasauga River watershed; (B) Ellijay River watershed; (AXC) Fightingtown Creek: Entire length duwiislieam from Georgia Highway 2 brijge, and watershed;
(D) Noontootla Creek Watershed; (E) Rock Creek watershed, including Rock Creek Lake; and (fiXF) Toccoa River: Entire length, but (not including tributaries), except as listed in thisTiode section; (10) Floyd County: (A) Dykes Creek watershed; (B) Little Cedar Creek watershed; (BKC)) Silver Creek watershed upstream of Georgia Highway IE; (6KD) Spring Creek watershed, which (flows into Etowah River); and (BXE) Spring Creek watershed, which (flows into State of Alabama); (11) Forsyth County: Chattachoochee River; (iXl2) Fulton County: Chattahoochee River frum Ruswell Ruad Bridge downstream to the lower or most southerly crossing of 1-285 West, bridge (lowm 01 mu&l southerly ci ossirig); (J2K13) Gilmer County: (A) Ball Creek watershed; (B) Cartecay River downstream from Georgia Highway 02 watershed; (C) Conasauga River watershed; (6XD) Coosawattee River from confluence of Cartecay and Ellijay rivers downstream to old Georgia Highway 5 bridge; (BXE) Ellijay River: Entire length downstream fium the muulli uf Kelts Creek watershed; (EXF) Mountaintown Creek. Entire Imiglh duwiibtream from Georgia Highway 52 fariSge watershed; (G) Noontootla Creek Watershed; (FXH) Sevenmile Creek watershed; (QXI) Town Creek watershed; and (HXJ) Wildcat Creek watershed; (MX 14) Gordon County: (A) Long Branch watershed; (B) Pine Log Creek watershed upstream from Georgia Highway 53; and (C) Salacoa Creek watershed upstream from U.S. Highway 411; (15) Gwinnett County: Chattahoochee River; (14X16) Habersham County: (A) Chattahoochee River downstream to Georgia Highway 115; (B) Liberty Creek watershed; (C) North Fork Broad River watershed; (BXD) Panther Creek: Entiie length downstream from mouth of Little Panther CieeC watershed;

WEDNESDAY, MARCH 15, 1995

1779

(E) Roberts Branch watershed; (XF) Sautee Creek: Entire length downstream from Georgia Highway 255 Alternate~bridge; (BXG) Soque River watershed from King's Bridge, which is (Georgia Highway 197 below the mouth of Shoal Creek), downstream to the mouth of Deep Creek; and
\llj) Uccj^i \JFQQK. Il'GiTl lllG^WSSt IVlllI Jjliu^ci SiLt UpSLi'c&ili^lIlClUulll^ 311 LllDUL&Jt'J.cS, LO
(H) Toccoa Creek watershed; (5X17) Haralson County:
(A) Mountain Creek watershed; (B) Tallapoosa Creek watershed; and (C) Tallapoosa River watershed upstream from County Road 222; (6X18) Hart County: Savannah River from Hartwell Dam downstream to Richard B. Russell Lake; WK19) Lumpkin County: (A) Chestatee River from Tate Bridge, which is the (first bridge below Turner's Cor ner), downstream to the mouth of Tesnatee Creek; and (B) Etowah River from Jay Bridge downstream to Castleberry Bridge; and (C) Yahoola Creek watershed downstream from the mouth of Bryant Creek to Georgia Highway 52; (8X20) Murray County: (A) Conasauga River watershed upstream from the Georgia-Tennessee state line; (B) Holly Creek watershed, including Dill Creek watershed, upstream from Dill Creek; (C) Mill Creek watershed upstream from Murray County Road 27; (AXD) Mill Creek watershed, which is (within Holly Creek watershed); and (BXE) Rock Creek (north) watershed, the most northern of two Rock Creek watershedT which are in the Holly Creek watershed, upstream from Murray County Road WT; (9X21) Paulding County: (A) Pyle Creek watershed; (B) Simpson Creek watershed; (C) Tallapoosa River watershed; (D) Thompson Creek watershed; and (E) Ward Creek watershed; (26X22) Pickens County: (A) Ball Creek watershed; (B) Bluff Creek watershed; (C) Cartecay River watershed; (6XD) Fourmile Creek watershed; (BXE) Hobson Creek watershed; (EXF) Little Scarecorn Creek watershed; (FXG) Long Branch watershed; (QXH) Long Swamp Creek watershed, (including Darnell Creek watershed), up stream from Cove Creek;

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JOURNAL OF THE SENATE

(HXI) Mud Creek watershed;

tfXJ) Rock Creek watershed;

(<JXK) Salacoa Creek watershed;

(KXL) Scarecorn Creek watershed upstream from Georgia Highway 53;

(faXM) Sevenmile Creek watershed;

(MXN) Sharp Mountain Creek watershed;

(NXO) Sope Creek watershed;

(OXP) Talking Rock Creek watershed upstream from Georgia Highway 100 Road

S10TT;

----

(PXQ) Town Creek watershed; and

(QXR) Wildcat Creek watershed;

(2tX23) Polk County:

(A) Cedar Creek watershed upstream from Polk County Road 121;

(B) Fish Creek watershed upstream of Plantation Pipeline;

(C) Little Cedar Creek watershed;

(eXD) Silver Creek watershed;

(BXE) Simpson Creek watershed upstream of Lake Dorene;

(BXF) Spring Creek watershed;

(FXG) Swinney Creek watershed;

(QXH) Thomasson Creek watershed; and

(HXI) Thompson Creek watershed upstream of Polk County Road 441;

(22X24) Rabun County:

(A) Chattooga River: Entire length between Georgia and South Carolina;

(B) Chattooga River, West Fork: Entire length;

(C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge;

(D) Overflow Creek: Entire watershed; and

(E) Stekoa Creek watershed; and

(fiXF) Tallulah River: Downstream to Lake Rabun;

(28X25) Stephens County:

(A) Leatherwood Creek watershed upstream from Georgia Highway 184 bridge;

(B) Little Toccoa Creek watershed;

(C) North Fork Broad River watershed upstream from SCS flood control structure No. 1;

(D) Panther Creek: Entire luiigth, watershed; and

(E) Toccoa Creek watershed upstream from Toccoa Falls;

(24X26) Towns County:

(A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge;

(B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge;

(C) Hiawassee River: Entire length downstream from Brown Bridge which is the (second bridge above U.S. Highway 76 on Georgia Highway 75);

(D) Charlies Creek watershed; and

(E) Tallulah River;

WEDNESDAY, MARCH 15, 1995

1781

(25X27) Union County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Coosa Creek: Entire watershed; (C) Ivylog Creek: Entire watershed; (D) Noontootla Creek Watershed; (BXE) Nottely River from U.S. Highway 129-19 bridge downstream to Nottely Reservoir; (F) Rock Creek watershed;
(EXG) Toccoa River: Entire length but (not including tributaries) except as listed in thisTode section; and
(FX_H) Youngcane Creek: Entire watershed; (26X28) Walker County:
(A) Chattanooga Creek watershed upstream from Walker County Road 235; (B) Concord Creek watershed; (C) Duck Creek watershed; (D) Gulf Creek watershed; and (E) Little Chickamauga Creek watershed; and (BXF) West Armuchee Creek watershed; (27X29) White County: (A) Chattahooch.ee River downstream from Nuia Mills (the Georgia Highway Vf) dowiislieaiii 75 Alternate bridge to tEe Georgia Highway 115 bridge; and (B) Dukes Creek watershed downstream from the United States Forest Service prop erty boundary; (C) Little Tesnatee Creek watershed upstream from the Mouth of Turner Creek; (BXD) Sautee Creek: Entire length; and (E) Turner Creek watershed, which is the Turner Creek watershed nearest to Cleve land city limits; and (28X30) Whitfield County: (A) Coahulla Creek watershed upstream from Whitfield County Road 183; (B) Dry Creek watershed (Fait, which is a part of East Chickamauga Creek water shed); and (C) Spring Creek watershed:; and (D) Tiger Creek watershed."
SECTION 8.
Said title is further amended by striking Code Section 27-4-53, relating to trout waters with seasons, in its entirety and inserting in lieu thereof the following:
"27-4-53.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March through October 31 of each year:
(1) Bartow County: (A) Boston Creek watershed upstream from Georgia Highway 20; and

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JOURNAL OF THE SENATE

(G) Stamp OiBuk watershed upslieam from Daituw Couiily Read 209, and (B) Toms Creek watershed upstream from Bartow County Road 82; (2) Catoosa County: f&) Hurricane Creek watershed upstream from Peters Branch; (B) Lillle Chiukamauga Creek watershed upstream from Catoo&a Ccmiily Road 38?;
(C) Tiger Greek watai&hed upslieam from Georgia Highway 2; (3) Chattooga County:
(A) Allgood Branch watershed upstream fioui Tennessee, Alabama, and Georgi
(B) Chappel Creek watershed; (C) Chelsea Creek watershed; (D) East Fork Little River watershed; (E) Hinton Creek watershed; (F) Kings Creek watershed; (G) Middle Fork Little River watershed; (H) Mt. Hope Creek watershed; (I) Perennial Spring watershed; (J) Raccoon Creek watershed upstream from Georgia Highway 48; and (K) Ruff Creek watershed; (L) Storey Mill Cieuk watei&hed, and (M) Taliafeiiu Greek watershed, (4) Cherokee County: (A) Boston Creek watershed; and (B) Stamp Cieek watershed, (5) Bade County: (A) East Fork Little River watershed; (B) Rock Creek watershed; and (C) West Fork Little River watershed; (6) Dawson County: (A) Amicalola Creek watershed upstream from County Road S 2275, which is the first bridge upstream from Georgia Highway 53; (B) Amicalola Creek tributaries from Georgia Highway 53 upstream to Road S 2275; (C) Shoal Creek watershed upstream from the mouth of Burt Creek; and (D) Sweetwater Creek watershed; (7) Fannin County: (A) All streams or parts of streams, except those listed in Code Section 27-4-52; and (B) Rock Greek Lake; (8) Floyd County: (A) Johns Creek watershed upstream from Floyd County Road 212; (B) Kings Creek watershed; (C) Lavender Creek watershed upstream from Floyd County Road 234; (D) Little Gedai Cieek wateihlied,

WEDNESDAY, MARCH 15, 1995

1783

(EXD) Mt. Hope Creek watershed; and (PXE) Toms Creek watershed; (9) Forsyth Comity: Chattahuuuliee Rivei, (10) Fultuii County: Glmltaliuodiee River upstream from Ro&well bridge (U.O. Iligh-
Way 19),
(tt)(9) Gilmer County: All streams or parts of streams, except: (A) Those listed in Code Section 27-4-52; and (B) Coosawattee River downstream from old Georgia Highway 5; (C) Seven Mile Cteek watershed; and (D) Talking Rock Cieek,
(J2K10) Gordon County: (A) Johns Creek watershed; (B) Pin Hook Creek watershed upstream from Ryo Gordon County Road 275; (C) Rocky Creek watershed upstream from West Union RuaJ Gordon County Road 210; and (D) Snake Creek watershed;
(13) Gwimiett County. Clmtlahcuxhee Rivm, (J4X11) Habersham County:
(A) Chattahoochee River tributaries downstream to Georgia Highway 115, except Sautee Creek downstream from Georgia Highway 255 Alternate bridge; (B) Davidson Creek watershed; (C) Littlti Fanthei Cieek watershed, (BKC) Middle Fork Broad River watershed; (BKD) Nancytown Creek watershed upstream from Nancytown Lake; and (F) North Fork Bruad Rivei watershed,
re f Siltll^l ijF66Kj
(II) Panthei Creek tiibutaiies downslieam from mouth of Little Paathei Oieek, (iME) Soque River watershed upstream from King's Bridge which is the (Georgia Highway 197 bridge just below the mouth of Shoal Creek);
^cj } kjuvjuc IviVci Li iLjutaiici) li'Oill tlic^ iijOiitli OI LJcc^f iji^clv u^ji^Lxcdilk CO xviug & IJi'iugc,
and (K) Toccoa Creek watershed; H5X12) Haralson County: (A) Beach Creek watershed upstream fiuui Ilaialsoii County Road 04; 6BMA) Flatwood Creek watershed; (CKB) Lassetter Creek watershed; and {BXC) Mann Creek watershed upstream from Haralson County Road 162; (i6)(13) Lumpkin County: (A) Amicalola Creek watershed; (B) Cane Creek watershed upstream from U.S. Highway 19 the Georgia Highway 952 bridge; (C) Cavender Creek watershed; (D) Chestatee River watershed upstream from Tate Bridge, which is the (first bridge below Turner's Corner);

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JOURNAL OF THE SENATE

(E) Chestatee River tributaries from the mouth of Tesnatee Creek upstream to Tate Bridge, which is the (first bridge below Turner's Corner); (F) Dockery Lake; (G) Etowah River watershed upstream from Jay Bridge; (H) Etowah River tributaries from Castleberry Bridge upstream to Jay Bridge; (I) Shoal Creek watershed; and (J) Yahoola Creek watershed, including Bryant Creek watershed, upstream from Geoigia Highway 02 the mouth of Bryant Creek; (WX14) Murray County: (A) All tributaries to Carters Reservoir;
V.D/ vJOiiclScilicet eJcLCK.S IviVGl1 WciL^I'Si-lGCl UpSLi'caiii liOlU \jreOl*lfl itiillitiSSttci feL3.tfe llliti
Jacks River watershed upstream from Georgia-Tennessee state line;

(D) Mill Ci'etjk watershed upstream from Muuay Comity Road 27, (BMC) North Prong Sumac Creek watershed; (FXD) Rock Creek watershed, the most southern of two Rock Creek watersheds whicE are in the Holly Creek watershed, upstream from Murray County Road 4; (OXE) Sugar Creek watershed upstream from Murray County Road 4; and (HKF) Sumac Creek watershed upstream from Coffey Lake; (J8K15) Paulding County: (A) Possum Creek watershed upstream from Paulding County Road 64; (B) Powder Creek watershed; (C) Pumpkinvine Creek watershed upstream from Paulding County Road 231; and (D) Raccoon Creek watershed upstream from Road SR 2299; (J9K16) Pickens County: (A) Amicalola Creek watershed; vU/ vjfl.i't6cfly Hive.!1 vvflCsrsiitJcij (6MB) Fisher Creek watershed; (BKC) Long Swamp Cove Creek watershed upstream from Pickens County Road 294Tand (EXD) Pin Hook Creek watershed; and
(I*/ 1 aik-iil^ iiOCk. C^TfifeK W&t^iLfiu6uTlpStr63.in IfOIil ItOtltS ol(/ll,
(20K17) Polk County: (A) Lassetter Creek watershed; and
(JJ) Little^ Ccuai vjicciv watfii'Sllcu, ^ixu
(OKB) Pumpkinpile Creek watershed upstream from Polk County Road SR 1002 437; (2iX18) Rabun County: All streams, except:
(A) Those listed in Code Section 27-4-52; and (B) The Tallulah River downstream from Lake Rabun Dam; (22X19) Stephens County:
I.A/ J_rticLl/lltil' WOOCl wl'cciv W&wrt'Sll&u UTpStl fiEldl t^Olll xjniui^iii AJ.i^llWiiy -Lo4 Ol*lCig6,
(D) Little Tuccoa Greek wato shad,

WEDNESDAY, MARCH 15, 1995

1785

() Middle Fork Broad River watershed upstream from SCS flood control structure No. 44; \.*J) TNoi'tii. J. ors uroflti rtivcr w^tGrsiiGci upstr63.m 11*0111 oofa IIOOQ control sci'uctui'c
(E) Panther Creek tributaries; aud
\sf~) ^lOCCOfl. vJjr&cK. UjjfeLi'ciciiii irOiH XOCCOfl 1. clllS^
(28X20) Towns County: All streams, except those listed in Code Section 27-4-52; (24X21) Union County: All streams, except:
(A) Those listed in Code Section 27-4-52; (B) Butternut Creek watershed; and (C) Nottely River downstream from Nottely Dam; (25X22) Walker County: (A) Alien Creek watershed; (B) Chappel Creek watershed; (C) Dry Creek watershed, which is a (tributary to East Annuchee Creek}; (D) East Armuchee Creek watershed upstream from Georgia Highway 136; (E) East Fork Little River watershed, which (flows into Dade County); (F) East Fork Little River watershed, which (flows into Chattooga County, includes including Gilreath Creek); (G) Furnace Creek watershed; (H) Harrisburg Creek watershed, (including Dougherty Creek watershed), upstream from Dougherty Creek; (I) Johns Creek watershed; (J) Left Fork Coulter Branch watershed;
(fcXK) Middle Fork Little River watershed, including (includes Cannon Branch and HaleTBranch); (MXL) Rock Creek watershed, (including Sawmill Branch), upstream from Sawmill Branch; (NXM) Ruff Creek watershed; (OXN) Snake Creek watershed; (PXO) West Chickamauga Creek watershed upstream from Walker County Road lOTTand (XP) West Fork Little River watershed; (26X23) White County: (A) Chattahoochee River watershed upstream from Nora Millh (Gteuigia Highway 17) the Georgia Highway 75 Alternate bridge; (B) Chattahoochee River tributaries from Georgia Highway 5 75 Alternate bridge upstream to Nora Mills (Georgia Highway 17), except Gautee Creek downstream to the Georgia Highway 115 bridge, except Dukes Creek watershed downstream from the United States Forest Service property boundary and Sautee Creek; and (C) Little Tesnatee Creek watershed upstream from the mouth of Turner Creek; (BXC) Town Creek watershed upstream from the mouth of Jenny Creek; and viii/ iiirnsr vyrssK. wstsrsiifici \ i ufii&i1 c^rsftK. ii63.i"6St to (_^iV6l.itiu city limits/ ~9 <iiici

1786

JOURNAL OF THE SENATE

(27X24) Whitfield County: (A) East Armuchee Creek watershed; (B) Snake Creek watershed and; (C) Swamp Creek watershed upstream from Whitfield County Road 9, and. (D) Tigei Creek watershed."

SECTION 9.

Section 2 of this Act shall become effective upon approval by the Governor or upon its be coming law without such approval. All other sections 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 Gillis of the 20th moved that the Senate agree to the House substitute to SB 201.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Dean

Edge Land

Perdue Ray

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 201.

The following bill was taken up to consider House action thereto:

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.

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1787

A BILL
To be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, 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 defi nitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide the form of the tax foreclosure petition; 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; to provide the form of the tax deed; 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 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
48-4-75.
The General Assembly finds that the nonpayment of ad valorem taxes by property own ers effectively shifts a greater tax burden to property owners willing and able to pay their share of such taxes, that the failure to pay ad valorem taxes creates a significant barrier to neighborhood and urban revitalization, that significant tax delinquency creates barri ers to marketability of the property, and that nonjudicial tax foreclosure procedures are inefficient, lengthy, and commonly result in title to real property which is neither mar ketable nor insurable. In addition, the General Assembly finds that tax delinquency in many instances results in properties which present health and safety hazards to the pub lic. Consequently, the General Assembly further finds that the alternative to nonjudicial tax foreclosure procedures authorized by this article is an effective means of eliminating health and safety hazards by putting certain tax delinquent properties back on the tax rolls and into productive use.
48-4-76.
(a) In addition to any other rights and remedies provided under state law for the enforce ment of tax liens by the State of Georgia and its counties and municipalities, such gov ernmental entities may proceed with judicial in rem tax foreclosures for delinquent taxes in accordance with the provisions of this article by enactment of an ordinance or resolu tion of the governing authority of the county in which the property is located. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of this article.
(b) Proceedings in accordance with this article are designed solely to enforce the lien for ad valorem taxes against the property subject to such taxation and shall not constitute an action for personal liability for such taxes of the owner or owners of such property.
(c) The rights and remedies set forth in this article are available solely to the governmen tal entities authorized by law to collect ad valorem taxes and shall not extend to any transferee of tax executions or tax liens. 48-4-77.
As used in this article, the term:
(1) 'Interested party' means:
(A) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia;
(B) Those parties having filed a notice in accordance with Code Section 48-3-9; and

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(C) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records main tained in the county courthouse or by the clerk of the court. 'Interested Party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected.
(2) "Redemption amount' means the full amount of the delinquent ad valorem taxes, accrued interest at the rate specified in Code Section 48-2-40, penalties determined in accordance with Code Section 48-2-44, and costs incurred by the governmental entity in collecting such taxes including without limitation the cost of title examination and publication of notices.
48-4-78.
(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collec tor, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent.
(b) The tax commissioner or other tax collector, as appropriate, shall file a petition with the superior court of the county in which the property is located, which petition shall have form and content substantially identical to that form as provided in subsection (g) of this Code section. When the subject property is located in more than one taxing jurisdic tion, the entity filing the petition shall identify in the petition only those portions of such property lying within the jurisdiction of the taxing authority of the petitioner.
(c) The petition shall be filed against the property for which taxes are delinquent and shall provide:
(1) The identity of the petitioner and the name and address of the individual responsi ble for collecting the delinquent taxes;
(2) The property address;
(3) A description of the property;
(4) The tax identification number of the property;
(5) The calendar year or years for which the taxes are delinquent;
(6) The principal amount of the delinquent taxes together with interest and penalties; and
(7) The names and addresses of parties to whom copies of the petition are to be sent in accordance with subsection (d) of this Code section.
(d) The petitioner shall mail copies of the petition by certified mail, return receipt re quested, to all interested parties whose identity and address are reasonably ascertain able. Copies of the petition shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property.
(e) Simultaneous with the filing of the petition, the petitioner shall cause notice of the petition to be filed in the appropriate lis pendens docket in the county in which the prop erty is located.
(f) Within 30 days of the filing of the petition, the petitioner shall cause a notice of the filing of the petition to be published on two separate dates in the official organ of the county in which the property is located. Such notice shall specify:
(1) The identity of the petitioner and the name and address of the individual responsi ble for collecting the delinquent taxes;

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1789

(2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The applicable period of tax delinquency; (6) The principal amount of the delinquent taxes together with interest and penalties; and (7) The date and place of the filing of the petition. (g) The petition for ad valorem tax foreclosure shall be written or printed, or written in part and printed in part, and shall be in substantially the following form:
SUPERIOR COURT OF ______ COUNTY

STATE OF GEORGIA

Petitioner:

)

TAX COMMISSIONER/TAX COLLECTOR )

(Name, Address, Telephone Number)
v. Respondents:

) ) ) ) Case No.:______

_________ ACRES OF LAND LYING )

AND BEING IN LAND LOT

)

________, DISTRICT ________, )

___________ COUNTY, GEORGIA; )

AND _____________________ )

(Insert name and mailing address of owner of property.)
PETITION FOR AD VALOREM TAX FORECLOSURE
COMES NOW (Petitioner) and petitions this Court for an in rem tax foreclosure by show ing this Court as follows:
1.
_____________ is the owner of certain real property located at ______ (the "Property") having a tax identification number of _____. (A legal description of the Property is attached hereto as Exhibit 'A' and by this reference incorporated herein).
2.
The ad valorem taxes assessed against the Property by City/County of _____ for the year(s) _____ in the amount of $_____ (amount includes principal amount of taxes owed and any accrued interest and penalties as of this date) have not been paid.
3.
Attached hereto as Exhibit 'B' is a list of the names and addresses of Interested Parties also receiving a copy of this Petition by certified mail return receipt requested. ____ and ______ as occupants of the respondent Property shall be served by mail ing the petition by first-class mail to the attention of the occupants at the above-listed Property address.

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5.
The Petition has also been posted on the Property in accordance with Code Section 48-478 of the Official Code of Georgia Annotated.

Simultaneously with the filing of this Petition, Petitioner has filed a lis pendens.
WHEREFORE, Petitioner demands (1) a hearing in the Superior Court of ____ County (the 'Court') and (2) a judgment by the Court stating that (a) the taxes for the Property are delinquent and (b) that Notice has been given to all Interested Parties, and ordering that the Property may be sold at public outcry pursuant to Code Section _____ of the Official Code of Georgia Annotated.
TAX COMMISSIONER/TAX COLLECTOR City/County of _________________ By:______________________ Its: ______________________
NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES
This Petition serves as notice to the Respondents and all Interested parties that (1) each party is presumed to own or have a legal interest in the Property, (2) that foreclosure pro ceedings have been commenced because of the failure to pay the real property taxes cited above, and (3) foreclosure will result in the loss of ownership of the Property and all rights or interests of all Interested Parties.
To avoid loss of ownership or any interest in the Property, payment of the full amount of taxes, penalties, interest, and costs must be paid to the ____ office located at _____ by _____ date. Respondents and all Interested Parties are also reminded that each of you may wish to contact an attorney to protect your rights.
A Hearing on the above matter shall take place in the Superior Court of _____ County no earlier than 30 days after the filing of this Petition. To determine the exact time and date of such hearing, please call Clerk of Superior Court of _____ County.
This ____ day of ____, ____.
Deputy Clerk Superior Court of. County
EXHIBIT A Description of the Property

Together with all rights, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the yeaKs) for the taxes being foreclosed.

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EXHIBIT B Names and Addresses of Interested Parties

48-4-79.
(a) The petitioner shall request that a judicial hearing on the petition occur not earlier than 30 days following the filing of the petition. At such hearing any interested party shall have the right to be heard and to contest the delinquency of the taxes or the ade quacy of the proceedings. If the superior court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The taxes are delinquent;
(2) Proper notice has been given to all interested parties;
(3) The property as described in the petition be sold in accordance with the provisions of this article; and
(4) The sale shall become final and binding 60 days after the date of the sale in accord ance with Code Section 48-4-81.
(b) The order of the superior court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:
(1) Rights of redemption provided under federal law;
(2) Tax liens held by Georgia governmental entities other than the petitioner which are superior to the taxes identified in the petition by virtue of the provisions of subsection (b) of Code Section 48-2-56;
(3) The holders of easements and rights-of-way described in Code Section 48-3-9; and
(4) The holders of the benefits or burdens of any real covenants filed of record as of the date of filing of the petition.
(c) If, upon production of evidence to the court by any party, it is determined by the court that any interested party died within the six-month period of time immediately preced ing 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. 48-4-80.
(a) At any point prior to the moment of the sale, any interested party may redeem the property from the sale by payment of the redemption amount. Payment shall be made to the petitioner. Following receipt of such payment, the petitioner shall file for dismissal of the proceedings.
(b) In the event of such payment by the owner of the subject property, the proceedings shall be dismissed and the rights and interests of all interested parties shall remain unaffected.
(c) In the event of such payment by any interested party other than the owner, the party accomplishing such payment shall possess a lien on the property for the full amount of such payment, which lien shall have the same priority as the lien for the delinquent taxes. Such lien holder shall have the right to enforce such lien as permitted to the holder of any lien under existing law. Such lien holder shall not otherwise succeed to the rights of the petitioner as described in this article. 48-4-81.
(a) Following the hearing and order of the superior court in accordance with Code Section 48-4-79, a sale of the property shall be advertised and conducted on the date, time, place,

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and manner which are required by law of sheriffs' sales. Such sale shall not occur earlier than 45 days following the date of issuance of such order of the superior court.

(b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the peti
tioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale.

(c) From and after the moment of the sale, the sale shall be final and binding, subject only to the right of the owner of the property to redeem the property from the sale upon payment into the superior court of the full amount of the minimum bid price of the sale. Such right of redemption of the owner shall exist for a period of 60 days from and after the date of the sale and shall be in accordance with the following provisions:

(1) Redemption by an owner in accordance with this subsection shall result in a dismis sal of the proceedings. Immediately following such redemption by an owner, if the property was sold to a third party at the sale, the petitioner shall refund to such pur chaser the full amount paid by such purchaser at the sale;

(2) For purposes of redemption under this subsection, 'owner' shall mean the owner of record of fee simple interest in the property as of the date of filing of the petition, together with such owner's successors-in-interest by death or operation of law. This right of redemption shall not otherwise be transferable; and

(3) This right of redemption shall automatically terminate and expire upon failure to redeem in accordance with the provisions of this subsection within the 60 day period following the date of the sale.

(d) If the property is not redeemed by the owner in accordance with subsection (c) of this Code section, then within 90 days following the date of the sale, the petitioner shall cause to be executed on behalf of the petitioner and delivered to the foreclosure sale purchaser a deed for the property in substantially the form set forth in subsection (g) of this Code section, together with such real estate transfer tax declaration forms as may be required by law.

(e) Within 90 days following the date of the sale, the petitioner shall file a report of the sale with the superior court, which report shall identify whether a sale took place, the foreclosure sale price, and the identity of the purchaser.

(f) In the event that the foreclosure sale price exceeds the minimum bid amount at the foreclosure sale, the petitioner shall deposit into the registry of the superior court the amount of such surplus. Such surplus shall be distributed by the superior court to the interested parties, including the owner, as their interests appear and in the order of
priority in which their interests exist.

(g) The form of the deed provided for in subsection (d) of this Code section shall be sub stantially as follows:

When recorded, please return to: ___________________ ___________________

CROSS-REFERENCE: Deed Book __, page __, ______ County, Georgia Records

STATE OF GEORGIA COUNTY OF _____
TAX DEED
This indenture (the 'Deed') made this _____ day of ____, ____, by and between _____, a ____ ('Grantor') and ____, a ____ ('Grantee').

WEDNESDAY, MARCH 15, 1995

1793

WITNESSETH

WHEREAS, on the ____ day of ____, ____, during the legal hours of sale, Gran tor did expose for sale at public outcry to the highest bidder for cash before the courthouse door in _____ County, Georgia, the Property (as hereinafter defined) at which sale Grantee was the highest and best bidder for the sum of $______ and the Property was then and there knocked off to Grantee for said sum. The sale was made by Grantor pursu ant to and by virtue of the power and authority granted to it in that certain Order granted _____, _____, Case no. _____, Superior Court of _____ County, Georgia (the 'Order'). Said sale was made after advertising the time, place, and terms thereof in the _____, published in _____, Georgia, in the aforesaid county, and being the publication in which Sheriff's advertisements for said county are now published, once a week for four consecutive weeks prior to said sale on the ____, _____, _____, and _____ of
_____, _____, and said advertisement in all respects complied with the requirements of Code Section ____ of the Official Code of Georgia Annotated. Notice of the time, place, and terms of the sale of the Property was given pursuant to Code Section _____ of the Official Code of Georgia Annotated. Said sale was made for the purpose of paying the ad valorem taxes owed to _____, the interest and penalties on said indebtedness, the expenses of the sale including attorneys' fees, all of which were mature and payable be cause of failure of the owner to pay the ad valorem taxes owed.

NOW, THEREFORE, Grantor, acting under and by virtue of the Order and pursuant to Code Section ____ of the Official Code of Georgia Annotated, for and in consideration of the facts hereinbefore recited, has bargained, sold, and conveyed and does hereby bargain, sell, and convey unto Grantee, its successors and assigns, the following described property (herein referred to as the 'Property'); to wit:

All that tract or parcel of land lying and being in Land Lot _____ of the _____ District,;_____ County, Georgia, and being more particularly described on Exhibit 'A' attached hereto and by this reference made a part hereof.

This Deed is given subject to all restrictions and easements, if any, to which the Deed is junior and inferior in terms of priority, and any and all tax liens which pursuant to subsec tion (b) of Code Section 48-2-56 of the Official Code of Georgia Annotated are superior to the rights conveyed herein relating the the Property.

TO HAVE AND TO HOLD, the Property unto Grantee, its successors and assigns in fee simple.

IN WITNESS WHEREOF, Grantor, has caused its duly authorized officer to sign and seal this Deed as of the day and year first above written.

Signed, sealed, and delivered in the presence of:

_________________

Unofficial Witness
Notary Public Commission Data: (NOTARIAL SEAL)

By:___________(SEAL) Its:________________

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EXHIBIT A Description of the Property

Together with all right, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the taxes being foreclosed."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th moved that the Senate agree to the House substitute to SB 338.

On the motion, 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 Edge Egan Farrow Gillis
Glanton

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

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

Those not voting were Senators:

Abernathy Blitch Dean

Harbison Johnson of 1st

Ray Walker

On the motion, the yeas were 49, nays 0: the motion prevailed, and the Senate agreed to the House substitute to SB 338.
The Calendar was resumed.

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.
Senate Sponsor: Senator Thomas of the 10th.

WEDNESDAY, MARCH 15, 1995

1795

Senators Hill of the 4th and Broun of the 46th offered the following amendment:

Amend HB 288 by inserting on line 5 of page 1 after "emergency;" the following:
"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 provisions relating to obligations not subject to the 'Georgia Securities Act of 1973'; to amend the sunset provi sion for issuing certain industrial development bonds;".
By inserting after line 31 of page 1 the following:

"SECTION 1.6.

Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' is amended by striking in its entirety paragraph (2) of subsection (i) of Code Section 50-26-10, relating to obligations not subject to the 'Georgia Securities Act of 1973' and payment of operating costs and expenses, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The authority shall not have outstanding at any one time bonds and notes for financ ing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after Jime 00, 1995 January 1, 1999; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.'".
Senator Hill of the 4th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Hill of the 4th offered the following amendment:
Amend HB 288 by deleting on line 19, pg 1 the word "work" and ending with the word "Governor".
On the adoption of the amendment, the yeas were 36, nays 0, and the Hill 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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Edge Egan Gillis Glanton Gochenour

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

Those not voting were Senators:

Abernathy Blitch Clay

Dean Farrow Griffin

Henson Walker

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On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
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. Senate Sponsor: Senator Hill of the 4th.
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 10, 1995
The Honorable Jimmy Skipper State Representative State Capitol Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 365 (LC 23 0157)
Dear Representative Skipper:
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 organization 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
Senators Brown of the 26th and Hill of the 4th offered the following amendment: Amend HB 365 by inserting on line 6 on page 1, immediately after "programs;", "to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as provide for policies relating to facilities which are historic landmarks;". By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2.
Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, is amended by adding at the end of subsection (c) the following:
'(10) To adopt uniform policies respecting construction and use of all education facilities that are historic landmarks and are registered as such.'"

WEDNESDAY, MARCH 15, 1995

1797

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Griffin Guhl Harbison Henson Hill Isakson James 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

Those not voting were Senators:

Abernathy Bowen Egan Farrow

Gillis Hooks (excused) Kemp

Scott Taylor Walker (excused)

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 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.
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, i nd 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 Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill James Johnson of 2nd Johnson of 1st Langford Madden Marable McGuire

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Middleton
Newbill
Oliver Perdue Pollard

Ragan
Ralston
Ray Slotin Stokes

Those not voting were Senators:

Abernathy Blitch Farrow Hooks (excused)

Isakson Kemp Land Scott

Tanksley Thomas Thompson Turner
Starr Taylor Tysinger Walker (excused)

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 bills of the Senate:
SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th, Marable of the 52nd and Kemp of the 3rd:
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.

SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th, Cagle of the 49th and James of the 35th:
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.

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.

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.

WEDNESDAY, MARCH 15, 1995

1799

The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
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 Clarke, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White Counties, Georgia.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the senate:
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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd, Walker of the 22nd, James of the 35th 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 Calendar was resumed.
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.
Senate Sponsor: Senator Griffin of the 25th.
The Senate Health and Human Services Committee offered the following substitute to HB 558:
A BILL
To be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for written disclosure by certain entities, facilities, programs, and by instrumentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or therapeutic activities for persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia of certain information re lating to philosophy, acceptance, discharge, emergency situations, responding to changes in

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needs, staffing and training, physical environment, activities, involvement with the family, and program costs; to provide for applicability; to provide definitions; to provide for a stan dard disclosure form; to provide for updating and verification; to provide for an election as to whether to modify the disclosure form or to provide the specialized care, treatment, or therapeutic activities listed on the disclosure form; to provide that a failure to disclose is a violation of the Fair Business Practices Act of 1975; to provide for remedies; 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protec tion of indigent and elderly patients, is amended by inserting a new article to be designated Article 7 to read as follows:
"ARTICLE 7
31-8-180.
As used in this article, the term:
(1) 'Alzheimer's disease or 'Alzheimer's-related dementia' means a progressive, degen erative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior.
(2) 'Care,' 'treatment,' and 'therapeutic activities' shall not include the sole activity of marketing, selling, manufacturing, or dispensing medication which is approved by the United States Food and Drug Administration and prescribed by a person licensed to practice medicine in accordance with Chapter 34 of Title 43 and informational or sup port services related to the use of such medication.
31-8-181.
This article shall not apply to the following:
(1) An individual licensed to practice medicine under the provisions of Chapter 34 of Title 43, and persons employed by such an individual, provided that any nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Sec tion 31-7-172, respite care service as defined by Code Section 49-6-72, adult day pro gram, or home health agency owned, operated, managed, or controlled by a person licensed to practice medicine under the provisions of Chapter 34 of Title 43 shall be subject to the provisions of this article; or
(2) A hospital. However, to the extent that a hospital's nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Section 31-7-172, respite care service as defined by Code Section 49-6-72, adult day program, or home health agency holds itself out as providing care, treatment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's-related dementia as part of a spe cialty unit, such nursing home, personal care home, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions of this article.
31-8-182.
(a) Any entity, facility, program, or any instrumentality of the state or political subdivi sion of the state other than those excluded by Code Section 31-8-181 which advertises, markets, or offers to provide specialized care, treatment, or therapeutic activities for one or more persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia shall disclose the form of care, treatment, or therapeutic activities provided beyond that care, treatment, or therapeutic activities provided to persons who do not have a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia.
(b) The disclosure required by subsection (a) of this Code section shall be made in writing on the disclosure form provided for by subsection (c) of this Code section and provided to

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any person seeking information concerning placement in or care, treatment, or therapeu tic activities from the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181.
(c) With input from persons and organizations with experience or expertise regarding care, treatment, or therapeutic activities for persons who have Alzheimer's disease or Alzheimer's-related dementia, the department shall develop a standard disclosure form. The disclosure shall be made on such form. The entity, facility, program, or the instru mentality of the state or a political subdivision of the state other than those excluded by Code Section 31-8-181 shall revise the disclosure form whenever significant changes are made.
31-8-183.
The disclosure required by Code Section 31-8-182 shall explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants with Alzheimer's disease or Alzheimer's-related dementia in each of the following areas:
(1) The overall philosophy and mission of the entity, facility, program, or of the instru mentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 which reflects the needs of patients or residents with Alzheimer's disease or Alzheimer's-related dementia;
(2) The processes for accepting patients, residents, or participants into the entity, facil ity, program, or into the instrumentality of the state or of a political subdivision of the state; for discharging patients, residents, or participants from the entity, facility, pro gram, or from the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181; and for handling emergency situations;
(3) The processes used for denning the programs of services of that entity, facility, program, or of that instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181, including the method by which the program of services responds to changes in the patient's, resident's, or participant's needs;
(4) Staffing, staff training, and continuing education practices;
(5) Description of the physical environment including safety and security features;
(6) The frequency and types of activities for patients, residents, or participants;
(7) The involvement of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 with families and family support programs; and
(8) The charge structure of the specialized care, treatment, or therapeutic activities, including any additional fees.
31-8-184.
(a) Failure to provide disclosure as required by this article shall be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' and all public and private remedies available under such part shall be available with regard to a violation of this article.
(b) Within existing procedures, the department may examine the disclosure form re quired by this article to verify its accuracy. If determined to be inaccurate, the depart ment shall require the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 either to:
(1) Provide the specialized care, treatment, or therapeutic activities listed on the dis closure form; or
(2) Modify the disclosure form to reflect the specialized care, treatment, or therapeutic activities actually being offered.

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The entity, facility, program, or the instrumentality of the state or of a political subdivi sion of the state other than those excluded by Code Section 31-8-181 will make the deci sion of which alternative listed in paragraph (1) or (2) of this subsection to pursue. Action by the department in pursuit of this subsection shall not affect the licensing process for any entity, facility, program, or the instrumentality of the state or of a political subdivi sion of the state other than those excluded by Code Section 31-8-181.
(c) For the purposes of the review and verification referred to in subsection (b) of this Code section, the disclosure form being provided to the public at the time of the review and verification shall be used."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd offered the following amendment:
Amend the committee substitute to HB 558 by striking lines 1 through 3 of page 1 and inserting the following:
"To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for written".
By striking line 21 of page 1 and inserting the following:
"of 1975; to provide for remedies; to provide for a short title; to provide for purpose; to provide for an osteoporosis prevention and treatment education program; to provide for related".
By striking lines 25 through 27 of page 1 and inserting: "Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new article to".
By inserting after line 17 of page 5 the following:
"SECTION 2.
Said title is further amended by adding a new chapter to read:
'CHAPTER 42
31-42-1.
This chapter shall be known and may be cited as the "Osteoporosis Prevention and Treat ment Education Act." 31-42-2.
The purposes of this chapter are, to the extent funds are available:
(1) To create a multigenerational, state-wide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection, and treatment options;
(2) To facilitate understanding of osteoporosis with educational materials, information about research, services, and strategies for prevention and treatment;
(3) To utilize educational and training resources of organizations with expertise and knowledge of osteoporosis;
(4) To evaluate the quality and accessibility of osteoporosis services of community based services;
(5) To provide easy access to clear, complete, and accurate osteoporosis information and referral services;
(6) To educate and train service providers, health professionals, and physicians; and to heighten awareness about the prevention, detection, and treatment of osteoporosis among health and human service officials, health educators, and policy makers; and

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(7) To promote the development of support groups for osteoporosis patients and their families and caregivers.
31-42-3.

The department shall establish strategies to promote and maintain an osteoporosis pre vention and treatment education program in order to raise public awareness, educate consumers, and train health professionals, teachers, and human service providers, including:
(1) Public awareness. The department shall develop strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, value of pre vention and early detection, and options for diagnosis and treatment;
(2) Consumer education. The department shall develop strategies for educating con sumers about risk factors, diet and exercise, diagnostic procedures and their indica tions for use, risks and benefits of drug therapies currently approved by the U.S. Food and Drug Administration, and the availability of services;
(3) Professional education. The department may develop strategies for educating phy sicians and health professionals and training service providers on osteoporosis preven tion, diagnosis, and treatment, including guidelines for detecting and treating in special populations, and medication options;
(4) Needs assessment. The department may conduct a needs assessment to identify research being conducted; technical assistance and educational materials and pro grams nationwide; the level of awareness about osteoporosis; the needs of patients, families, and caregivers; the needs of health care providers, including managed care organizations; the services available to patients; existence of treatment programs; existence of rehabilitation services; and number and location of bone density testing equipment. To the extent that funds are specifically appropriated, the department shall develop and maintain a resource guide to include osteoporosis related services; and
(5) Technical assistance. The department may replicate and use successful osteo porosis programs and contracts with and purchase materials or services from organiza tions with expertise and knowledge of osteoporosis.'".
By renumbering Section 2 as Section 3.
On the adoption of the amendment, the yeas were 30, nays 5, and the Walker amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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

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 Stokes Tanksley Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Gochenour Hill

Hooks (excused) Kemp

Scott Starr

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

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

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Clay of the 37th and Stokes of the 43rd:
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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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.
The Calendar was resumed.

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.
Senate Sponsor: Senator Perdue of the 18th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 516:
A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to change the provisions relating

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to the sale of tickets to athletic contests and entertainment events; to provide for the regis tration and regulation of persons engaged in the business of a ticket broker; to provide for administration by the Secretary of State; to provide for rules and regulations; to provide for enforcement; to define a certain term; to provide qualifications for registration as a ticket broker; to require bonds; to prohibit a person from engaging in the business of a ticket broker unless the person complies with the provisions of this Act; to provide for registration fees; to require ticket brokers to conduct business in a certain manner; to prohibit the re sale of tickets to athletic contests or entertainment events within 1,000 feet of the facilities where such contests or events are being held or are to be held; to require ticket brokers to disclose certain information to ticket purchasers; to require a ticket broker who fails to provide tickets after guaranteeing delivery to provide a full refund and pay a refund fee to the purchaser; to provide that a ticket broker who fails to provide such a refund and refund fee shall be guilty of a felony; to provide penalties; to limit the number of tickets that a ticket broker may resell in connection with an event; to provide an exception; to provide that a ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held; to prohibit certain activities in connection with the resale of tickets; to prohibit certain activities in connection with the sale of tickets to events of the 1996 Olympic Games; to provide penal ties; to provide that no laws shall prohibit the casual resale of tickets to events for a price equal to or less than the price printed on the ticket; to provide that business license re quirements shall not apply to such casual resales; to provide that no provision of this Act shall limit or prohibit the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is being held or the sponsor of such a contest or event from having policies, rules, or regulations respecting the sale of tickets to such con test or event; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof a new Article 12 to read as follows:
"ARTICLE 12
10-1-310.
(a) It shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic con tests, concerts, theater performances, or other entertainments, amusements, or exhibi tions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business li censed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such entertain ment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or reselling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admission.
(b) Any advertisement, announcement, or poster for any event covered by this Code sec tion which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.

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10-1-311.
(a) As used in this article, the term 'ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater per formances or other entertainments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket.
(b) On and after January 1, 1996, no person shall engage in the business of a ticket broker unless such person is in compliance with this Code section.
(c)(l) On and after January I, 1996, no person shall engage in the business of a ticket broker unless such person is registered with the Secretary of State or his or her dele gate. Registration shall be on forms furnished by the Secretary of State and shall be in such manner as directed by the Secretary of State. The Secretary of State shall charge a registration fee in the amount of $500.00. A ticket broker shall renew his or her registration annually and pay an annual registration fee in the amount of $500.00.
(2) To be eligible for registration as a ticket broker a person shall be required to:
(A) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker;
(B) Obtain any business license required by a local government;
(C) Have good moral character and not have been convicted of a felony or any crime involving moral turpitude; provided, however, that if the applicant has been con victed of such crime or has entered a plea of nolo contenders or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or has otherwise been granted first offender treatment, the Secretary of State may inquire into the nature of the crime, the date of the conviction or plea, and any other underlying facts and circumstances surrounding such criminal proceedings and, in his or her discretion, may grant a license to such applicant; and
(D) Provide satisfactory evidence to the Secretary of State that the prospective regis trant has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $50,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the princi pal named in such bond, which act is in violation of this Code section. Such bond shall be filed with the Secretary of State and shall be approved by the Secretary of State as to form and as to the solvency of the surety. No person registered under this Code section shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the Secretary of State is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. If the surety or registrant fails to submit, within ten days of the effective date of cancellation, a new bond as outlined in this subsection, the Secretary of State shall have the authority to revoke any re gistration issued under this Code section.
(3) The Secretary of State shall revoke the registration of any ticket broker who no longer meets the eligibility requirements of paragraph (2) of this subsection or who otherwise violates this article; provided, however, that the issuing of a registration under this Code section shall not be deemed a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(d) A ticket broker shall be required to:
(1) Disclose to the purchaser verbally or by use of a map the location of the seat repre sented by any ticket sold;
(2) Disclose to the purchaser the refund policy of the ticket broker should an entertain ment event be canceled; and
(3) Disclose to the purchaser that a service charge has been added by the ticket broker to the price stated on the ticket.

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(e)(l) If a ticket broker guarantees in writing delivery of a ticket or tickets to a pur chaser and fails to complete such delivery, the ticket broker shall be required to pro vide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of $250.00 per ticket.
(2) A ticket broker who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00 or impris oned for not less than one year or more than three years, or both.
(f) Unless a ticket broker has a written contract with the owner, operator, lessee, or ten ant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to resell more than 2 percent of the tickets allocated for such event, the ticket broker, including any affiliated group of ticket bro kers, shall be prohibited from acquiring and reselling in excess of 2 percent of the total tickets allocated for the event.
(g) The registration and revocation of registration provisions of this article shall be min isterial duties of the Secretary of State. It shall be the duty of local law enforcement agencies and prosecuting attorneys to enforce the provisions of this article. The Secretary of State shall be authorized to promulgate rules and regulations to carry out the provi sions of this article.
(h) A ticket broker shall conduct business only from his or her registered permanent office or place of business which may not be within 2,500 feet of property on which an athletic contest or entertainment event is held.
(i) Neither a ticket broker or an agent or employee of a ticket broker or any other person shall engage in the practice of reselling or attempting to resell or the delivery of resold tickets to any athletic contest or entertainment event within 1,000 feet of the facility where such contest or event is being held or is to be held.
(j) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held.
10-1-312.
(a) It shall be unlawful for any ticket agent, ticket broker, or any other firm, corporation, partnership, or legal entity, except the Atlanta Committee for the Olympic Games or the Atlanta Paralympic Organizing Committee, to advertise for sale, offer for sale, or sell any ticket to any event of the 1996 Olympic Games or the 1996 Paralympic Games without written authorization from the Atlanta Committee for the Olympic Games or the Atlanta Paralympic Organizing Committee.
(b) This Code section shall automatically stand repealed in its entirety as of September 1, 1996.
10-1-313.
(a) No provision of this article or any other provision of law shall prohibit any person who is the purchaser or is in lawful possession of not more than ten valid tickets to an athletic contest or entertainment event covered under subsection (a) of Code Section 10-1-310 from reselling or offering for resale any of such tickets for a price equal to or less than the price printed on the ticket; and no such person shall be required to procure any business license for the purpose of reselling such tickets as provided in this Code section.
(b) No provision of this article shall limit or prohibit the owner, operator, lessee, or ten ant of the property on which an athletic contest or entertainment event is being held or the sponsor of such a contest or event from having policies, rules, or regulations respect ing the sale of tickets to such contest or event.
10-1-314.
(a) Each transaction, advertisement, ticket sold, or other act which constitutes a viola tion of this article shall constitute a separate violation of Code Section 10-1-393.

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(b) Except as otherwise provided in subsection (e) of Code Section 10-1-311, any person who violates this article shall be guilty of a misdemeanor."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy
Balfour Black 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
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:

Blitch Burton

Hooks (excused)

Walker (excused)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kemp of the 3rd moved that he be excused in order to meet with someone from the House of Representatives.
On the motion, the yeas were 33, nays 0, and Senator Kemp of the 3rd was excused from the Senate.
The Calendar was resumed.

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

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sanctions upon students who are still subject to such sanctions by another school system.
Senate Sponsor: Senator Middleton of the 50th.

Senator Abernathy of the 38th offered the following amendment:
Amend HB 145 by inserting between lines 7 and 8 of page 1 the following:
"to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' salaries, so as to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances if a public hearing is held on the subject;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:

"SECTION 2.

Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' sal aries, is amended by striking the following language from the end of subsection (b):
'unless such local unit of administration has conducted at least one public hearing re garding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held'".
Senator Abernathy of the 38th asked unanimous consent that his amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Abernathy of the 38th offered the following amendment:
Amend HB 145 by inserting between lines 7 and 8 of page 1 the following:
"to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' salaries, so as to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances if a public hearing is held on the subject;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:

"SECTION 2.

Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' sal aries, is amended by striking the following language from the end of subsection (b):
'unless such local unit of administration has conducted at least one public hearing re garding such decrease.'"

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 Black Blitch Boshears
Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean

Farrow Griffin Guhl Harbison
Henson Hill James Johnson of 2nd Kemp Land Langford Madden

Marable Middleton Newbill Perdue
Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley

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Taylor

Thomas

Thompson

Those voting in the negative were Senators:

Balfour Edge Egan Glanton

Gochenour Johnson of 1st McGuire Oliver

Pollard Turner Tysinger

Those not voting were Senators:

Bowen Cheeks

Gillis Hooks (excused)

Isakson Walker (excused)

On the adoption of the amendment, the yeas were 39, nays 11, and the Abernathy 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 Crotts Day Dean Edge Farrow
Gillis

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

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Clay Hooks (excused)

Johnson of 1st Pollard

Slotin Walker (excused)

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. Senator Perdue of the 18th assumed the Chair.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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1811

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

On the 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 Farrow Gillis

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

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

Those not voting were Senators:

Black Brown of 26th Egan

Hooks (excused) Johnson of 1st McGuire

Perdue (presiding) Ray (excused) Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 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.
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:

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 Isakson James Johnson of 2nd Kemp Land Langford Marable Middleton Oliver Pollard

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JOURNAL OF THE SENATE

Ragan Scott Slotin Starr

Stokes Tanksley Thomas

Those not voting were Senators:

Abernathy Egan Glanton Hooks (excused) Johnson of 1st

Madden McGuire Newbill Perdue (presiding)

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

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

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.
Senate Sponsor: Senator Middleton of the 50th.

Senators Clay of the 37th and Isakson of the 21st offered the following amendment:
Amend HB 678 by striking from line 1 on page 1 "Subpart 2 of Part 6 of Article 6 of and by striking line 3 of page 1 and inserting the following: "education, so as to provide for midterm adjustments relative to the program adjustment amount for training and experi ence; to provide".

"SECTION 1A.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end of Code Section 20-2-162, relating to midterm adjustments, a new subsection (d) to read as follows:
'(d) A midterm adjustment shall be made in the program adjustment amount for training and experience authorized pursuant to subsection (d) of Code Section 20-2-161. The ad justed amount shall be based on all certificated 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 this Code section are distributed. Such adjust ment 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 multiplied by .25; for FY 1998 by .50; for FY 1999 by .75; and every year thereafter by 1.0.'"
By adding at the end of line 20 on page 2 "Section 1A shall become effective on July 1, 1996."

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 Black Boshears Burton

Cagle Clay Crotts Day Edge

Farrow Glanton Gochenour Guhl Isakson

WEDNESDAY, MARCH 15, 1995

1813

James Johnson of 1st Land

Newbill Oliver Ralston

Tanksley Thompson Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th Cheeks Dean Gillis Griffin

Harbison Hill Johnson of 2nd Kemp Madden Marable Middleton

Pollard Ragan Scott Slotin Starr Taylor Turner

Those not voting were Senators:

Blitch Egan Henson
Hooks (excused)

Langford McGuire Perdue (presiding)
Ray (excused)

Stokes Thomas Walker (excused)

On the adoption of the amendment, the yeas were 24, nays 21, and the Clay and Isakson amendment was adopted.
Senator Taylor of the 12th moved that the Senate reconsider its action in adopting the Clay and Isakson amendment.

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 Cheeks Dean Farrow Gillis Griffin

Harbison Hill James Johnson of 2nd Kemp Madden Marable Middleton

Pollard Ragan Scott Slotin Starr Taylor Thomas Turner

Those voting in the negative were Senators:

Abernathy Balfour Black Boshears Burton Cagle Clay

Crotts Day Edge Glanton Gochenour Guhl Isakson

Johnson of 1st Land Newbill Oliver Ralston Tanksley Tysinger

Those not voting were Senators:

Blitch Egan Henson Hooks (excused)

Langford McGuire Perdue (presiding) Ray (excused)

Stokes Thompson Walker (excused)

On the motion, the yeas were 24, nays 21; the motion prevailed, and the Senate recon sidered its action in adopting the Clay and Isakson amendment.

1814

JOURNAL OF THE SENATE

On the adoption of the Clay and Isakson amendment, 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 Cheeks
Clay Crotts Day Dean Edge Egan

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

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

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Henson Hooks (excused) Langford

McGuire Perdue (presiding)

Scott Walker (excused)

Senator Gillis of the 20th resumed the Chair.
On the adoption of the amendment, the yeas were 48, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Hill Isakson James Johnson of 2nd Kemp Land Madden Marable
Middleton Newbill

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

Those not voting were Senators:

Abernathy Egan

Gillis (presiding) Hooks (excused)

Johnson of 1st Langford

WEDNESDAY, MARCH 15, 1995

1815

McGuire

Perdue

Slotin

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gillis of the 20th announced that the Senate would stand in recess from 6:15 P.M. until 7:00 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House:
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.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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.

The House has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 601. By Representatives Walker of the 141st and Murphy of the 18th: A resolution relative to adjournment.
The President called the Senate to order at 7:00 P.M. The Calendar was resumed.

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.
Senate Sponsor: Senator Brown of the 26th.

1816

JOURNAL OF THE SENATE

The Senate Insurance and Labor Committee offered the following substitute to HB 626:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, 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; to provide for the payment of costs and fees for certain services; to revise the scope of coverage available under the Georgia Life and Health Insurance Guaranty Association; to revise the definition of member insurer with respect to such association; to revise what shall be considered as control or controlled with regard to producer controlled property and casualty insurers; to require insurers domiciled in this state to file reports with the Com missioner of Insurance and other entities disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agree ments; to provide for the time of filing such reports; to provide for the confidential treat ment of such reports; to provide what acquisitions and dispositions of assets shall be considered material; to provide what nonrenewals, cancellations, or revisions shall be con sidered material; to provide exemptions; to provide for matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses and dis play certificates for agents, subagents, counselors, or adjusters, and inserting in lieu thereof a new Code Section 33-23-11 to read as follows:
"33-23-11.
(a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter.
(b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered, and the other conditions of licensing.
(c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application proce dures for the certificate; and the form and content of the certificate; and a fee for the
ici LillCaLti WliiCll oliall t^s^H~OXiillcit& Llic ciuiiliillStiaLivc CO&bS uiwuiicu nl 1/113 jji ^p&i atiGil
^c 01 5UCli uci LiiiCcLLc, pi'uViucu, liOWtiVtii1 , L11&L bUCll v*tj&L blicill iiOt
$25.00.
(d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record keeping, printing mounting and other services related to the administration of the Commissioner's duties under this chapter and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and shall be paid directly to the providers of such services. The Commissioner may re quire applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display di rectly to the provider of such services. The Commissioner may require insurers to pay such charges for administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in proportion to the number of their authorized agents."

WEDNESDAY, MARCH 15, 1995

1817

SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 33-38-2, relating to the scope of coverage under the Georgia Life and Health Guaranty Association, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter shall apply tu Jiiec.1 life insurance policies, health insurance policies,
cuiiti ciCli> &LLp^jlcii!iilC^il tO iilc fLilu liccilljli uioua'oilCe _pGiii*ici^, etiid ililiiiAity uuuLl aiLo iS-
sutid by peihuLis authmizeJ to Uansact iiihuiaiice in this state at any time provide cover age to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, annuity, and supplemental policies or contracts, for certificates under direct group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts, and any immediate or deferred annuity contracts."
SECTION 3.
Said title is further amended by striking paragraph (10) of Code Section 33-38-4, relating to definitions used in Chapter 38, and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Member insurer' means any peisou authorised hi this state tu transact, aiiy kiml uf insurance to which this chaplei applies under Code Section 00-00-2 insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:
(A) A nonprofit hospital or medical service corporation;
(B) A health care corporation;
(C) A health maintenance organization;
(D) A fraternal benefit society;
(E) A mandatory state pooling plan;
(F) A mutual assessment company or any entity that operates on an assessment basis;
(G) An insurance exchange; or
(H) Any entity similar to those described in subparagraphs (A) through (G) of this paragraph."
SECTION 4.
Said title is further amended by striking paragraph (1) of Code Section 33-48-2, relating to definitions used with regard to producer controlled property and casualty insurers, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Control' or 'controlled' means the possession, diiect or indirect, of the puwer tu direct
01' C3.U.S6 tiiti Clirt:Ct.njft 01 LllG Hiciilcl6iiActiL <iilu pOllCitifa OI Si Jitii'feOiij WlHiLlici1 LHl.GU.gfil tile iL Wiltii Siil^j OI VOLiii^J SGCUi iLitife) L>y COIltl LCL OtilOl lilliiil <i COIitletCL ZOI* OOuS Oi1 ilQUill&il&^Q"
. vjoiitioi stidii D^ pt*6SUjXh.^ci to GXi iLiois, iioius witii tiiG powers to votftj or Holds
H13.JOI ity 01 tnfe OUtstdilunlg VT>tiilg StiCltnticS OI^.Hy Ortll^i7 p6i*6Oil. rJo ptiJi'SGll Slicill D6 U63U1OCL 10 CCiiltrOi JiilOCllci1 pttl Auil SOlt!!^ l)y lti3.SC/ii ul D&lll^ ciil OilICtil Oi illl'tiCLu-l Ot SUCli
utliei persuii shall have the same meaning as provided in paragraph (3) of Code Section 33-13-1, relating to definitions used with regard to insurance company holding systems.''

1818

JOURNAL OF THE SENATE

SECTION 5.
Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows:
"CHAPTER 54
33-54-1.
(a) Every insurer domiciled in this state shall file a report with the Commissioner disclos ing material acquisitions and dispositions of assets or material nonrenewals, cancella tions, or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded rein surance agreements have been submitted to the Commissioner for review, approval, or information purposes pursuant to other provisions of this title, regulations, or other requirements.
(b)(l) The report required in subsection (a) of this Code section is due within 15 days after the end of the calendar month in which any of the covered transactions occur.
(2) One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:
(A) The Commissioner of Insurance; and
(B) The National Association of Insurance Commissioners.
(c) All reports obtained by or disclosed to the Commissioner pursuant to this Code section shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer who would be affected thereby notice and an opportunity to be heard, deter mines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part thereof in such manner as he or she may deem appropriate. 33-54-2.
(a) No acquisitions or dispositions of assets need be reported pursuant to Code Section 33-54-1 if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting in surer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile.
(b)(l) Asset acquisitions subject to this chapter include every purchase, lease, ex change, merger, consolidation, succession, or other acquisition other than the construc tion or development of real property by or for the reporting insurer or the acquisition of materials for such purpose.
(2) Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment for the benefit of creditors or otherwise, abandonment, destruction, or other disposition.
(c)(l) The following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(A) Date of the transaction;
(B) Manner of acquisition or disposition;
(C) Description of the assets involved;
(D) Nature and amount of the consideration given or received;
(E) Purpose of or reason for the transaction;

WEDNESDAY, MARCH 15, 1995

1819

(F) Manner by which the amount of consideration was determined;
(G) Gain or loss recognized or realized as a result of the transaction; and
(H) Name or names of the person or persons from whom the assets were acquired or to whom they were disposed.
(2) Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calen dar year that are not subject to a pooling arrangement and the net income of the busi ness not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus.
33-54-3.
(a) Nonrenewals, cancellations, or revisions of ceded reinsurance agreements shall not be required to be reported pursuant to Code Section 33-54-1 if the nonrenewals, cancella tions, or revisions are not material. For purposes of this chapter, a material nonrenewable, cancellation, or revision is one that affects:
(1) With respect to property and casualty business, including accident and health busi ness written by a property and casualty insurer:
(A) More than 50 percent of the insurer's total ceded written premium; or
(B) More than 50 percent of the insurer's total ceded indemnity and loss adjustment reserves;
(2) With respect to life, annuity, and accident and sickness business, more than 50 percent of the total reserve credit taken for business ceded on an annualized basis, as indicated in the insurer's most recent annual statement; or
(3) With respect to either property and casualty or life, annuity, and accident and sick ness business, either of the following events shall constitute a material revision which must be reported:
(A) An authorized reinsurer representing more than 10 percent of a total cession is replaced by one or more unauthorized reinsurers; or
(B) Previously established collateral requirements have been reduced or waived as respects one or more unauthorized reinsurers representing collectively more than 10 percent of a total cession.
(b) Notwithstanding the provisions of subsection (a) of this Code section, no filing shall be required if:
(1) With respect to property and casualty business, including accident and sickness business written by a property and casualty insurer, the insurer's total written pre mium represents, on an annualized basis, less than 10 percent of its total written pre mium for direct and assumed business; or
(2) With respect to life, annuity, and accident and sickness business, the total reserve credit taken for business ceded represents, on an annualized basis, less than 10 per cent of the statutory reserve requirement prior to any cession.
(c)(l) The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(A) The effective date of the nonrenewal, cancellation, or revision;
(B) The description of the transaction with an identification of the initiator thereof;
(C) The purpose of or reason for the transaction; and
(D) The identity of the replacement reinsurers, if applicable.

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JOURNAL OF THE SENATE

(2) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrange ment and the net income of the business not subject to the pooling arrangement repre sents less than 5 percent of the insurer's capital and surplus."
SECTION 6.
(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 2, 3, 4, and 5 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 Marable of the 52nd, Dean of the 31st and Ray of the 19th offered the follow ing amendment:
Amend the committee substitute to HB 626 by striking lines 22 through 24 on page 1 and inserting in lieu thereof the following:
"provide exemptions; to provide for disclosure of provider content of certain plans; to pro vide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes."
By striking the quotation marks at the end of line 25 of page 8 and inserting immediately after line 25 on page 8 the following:
"33-54-4.
In addition to disclosure reports required by this chapter, every insurer doing business in this state who issues accident and sickness insurance, any health maintenance organiza tion, or any health benefit plan of any kind or type shall be required to file a report with the Commissioner and disclose to their applicants and enrollees any exclusion or restric tions of services, including but not limited to any limitation on choice of physicians and other health care providers, including referral to specialty physicians and other health care providers; diagnostic tests such as mammography exams and prostatic cancer screening tests; dental services; laboratory tests; coverage of prescription drugs including the use of restrictive formularies and prior approval requirements; and mental health services.'"
By redesignating Section 6 on line 26 of page 8 as Section 7 and redesignating Section 7 on line 32 of page 8 as Section 8.
Senator Marable of the 52nd asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Pollard of the 24th moved that HB 626 be placed on the Table.
On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 626 was placed on the Table.

WEDNESDAY, MARCH 15, 1995

1821

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.
Senate Sponsor: Senator Boshears of the 6th.
Senator Boshears of the 6th offered the following substitute to HB 338:
A BILL
To be entitled an Act 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; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relat ing to the Georgia Bureau of Investigation, so as to provide for investigative subpoenas for the production of documentary evidence in any criminal investigation within the jurisdic tion and powers of the bureau; to provide for practices and procedures; to provide for ser vice; to provide for enforcement; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 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, is amended by striking Code Sec tion 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24.
The witness fee shall be $10.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance. When, but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 200 per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency, or postal money order, or by cashier's check, or certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."
SECTION 2.
Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, is amended by adding at the end thereof a new Code Section 35-3-17 to read as follows:
"35-3-17.
(a) In any criminal investigation within the jurisdiction and powers of the bureau, the director of the Georgia Bureau of Investigation may by administrative subpoena compel the production of documentary evidence or records, including books, papers, documents, and other tangible things which constitute or contain evidence, which the director of the Georgia Bureau of Investigation or the deputy director of the investigative division finds relevant or material to a criminal investigation. The production of documentary evidence or records may be required anywhere within the state and at any place of hearing.
(b) An administrative subpoena issued under this Code section may be served by any sworn agent designated by the director of the Georgia Bureau of Investigation to serve it.

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JOURNAL OF THE SENATE

Service upon a natural person may be made by any personal delivery of the subpoena to such person. Service may be made upon any domestic or foreign corporation or upon a partnership, limited liability company, unincorporated association, or other legal entity by delivering the administrative subpoena to an officer, to a managing or general agent, to a general partner, or to any other agent authorized by appointment or by law to re ceive service of process. The affidavit of the person serving the administrative subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey an administrative subpoena to any person or entity, the Attorney General may invoke the aid of any superior court of this state having jurisdiction over the person or entity to compel compliance with the admin istrative subpoena. The court may order the production of such documentary evidence or records. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any county in which such person may be found."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Boshears of the 6th asked unanimous consent that his substitute to HB 338 be withdrawn.
The consent was granted, and the substitute was withdrawn.
Senator Boshears of the 6th offered the following amendment:
Amend HB 338 by striking in its entirety line 15 of page 1 and inserting in lieu thereof the following:
"The witness fee shall be $10.00 $20.00 per diem, and execution".
On the adoption of the amendment, the yeas were 31, nays 1, and the Boshears amend ment was adopted.
Senators Guhl of the 45th, Oliver of the 42nd, Tanksley of the 32nd, and others offered the following substitute to HB 338:
A BILL
To be entitled an Act to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence; to limit such evidence; to change the provisions relating to witness fees and mileage; 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 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-23, relating to the giving of evidence of a husband and wife in criminal proceedings, and inserting in its place a new Code Section 24-9-23 to read as follows:
"24-9-23.
(a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.
(b) The privilege created by subsection (a) of this Code section or by corresponding 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

WEDNESDAY, MARCH 15, 1995

1823

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 tor which the defendant is charged."

SECTION 2.

Said title is further amended by striking Code Section 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24.
The witness fee shall be $10.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance. When, but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 200 per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency, or postal money order, or by cashier's check, or certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Senator Guhl of the 45th asked unanimous consent that his substitute be withdrawn.
The consent was granted, and the substitute was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Glanton
Gochenour 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
Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Blitch.

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brown of 26th Griffin

Hooks (excused) Ray (excused)

Tanksley Walker (excused)

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Special Judiciary offered the following substitute to HB 627:
A BILL
To be entitled an Act to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusation 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 and the prosecuting attor ney in each county; to provide for transmittal of papers and prosecution; to provide for situations where there are certain pleas after transfers; to prohibit certain uses of defend ant's statements; to provide an exception with respect to misdemeanor violations; to sub stantially change the provisions relating to discovery in felony cases; to change the provisions relating to the applicability of certain discovery provisions to felony cases; to change the provisions relating to the right of the defendant to copies of statements given before or after arrest, statements of coconspirators, and reports of physical or mental exam inations and scientific tests or experiments; to change the provisions relating to the right of the prosecuting attorney to inspect and copy certain reports of examinations, tests, or ex periments under certain conditions; to change certain provisions relating to the timing of disclosures; to repeal certain provisions relating to the demand requirement; to repeal cer tain requirements relating to the furnishing of social security numbers of witnesses; to provide that certain information which has been previously provided to a defendant or prosecuting attorney need not be included in subsequent information furnished as other wise required by this Act; to change the provisions relating to the applicability of certain discovery provisions pertaining to misdemeanor cases; to clarify the meaning of certain provisions; to change the provisions relating to alibi witnesses; to change the provisions relating to statements of witnesses; to change the provisions relating to lists of names and information concerning witnesses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 15, 1995

1825

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 by adding at the end of Chapter 2, relating to jurisdiction and venue in criminal cases, a new Code Section 17-2-4 to read as follows:
"17-2-4.
(a) A defendant arrested, held, or present in a county other than that in which an indict ment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contenders; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
(b) A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prose cuting attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county.
(c) If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere shall not be used against the defendant."
SECTION 2.
Said title is further amended by striking in its entirety Article 1 of Chapter 16, relating to definitions and discovery in felony cases, and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
17-16-1.
As used in this chapter, the term:
(1) 'Possession, custody, or control of the state or prosecution' means an item which is within the possession, custody, or control of the prosecuting attorney or any law en forcement agency involved in the investigation of the case being prosecuted.
(2) 'Statement of a witness' means:
(A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness;
(B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained

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JOURNAL OF THE SENATE

in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or
(C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel.
(3) Witness' does not include the defendant.
17-16-2.
(a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted.
(b) This article shall not apply to juvenile court proceedings.
(c) Except as provided under Code Section 17-16-8, this article is not intended to author ize discovery or inspection of attorney work product.
(d) This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January 1,1995, if both the prosecuting attorney and the defendant agree in writing that the provisions of this article shall apply to the case. 17-16-3.
Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be supple mented pursuant to the other provisions of this article. 17-16-4.
(a)(l) The Upon written reque&t uf a defendant, at or priui to an diguuient, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the at such time as the court orders, disclose to the defendant and make available for inspec^ tion, copying, or photographing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state or prosecution and that portion of any written record containing the substance of any relevant oral statement made by the defendant, whether before or after arrest, in re sponse to interrogation by any person then known to the defendant to be a law enforce ment officer or member of the prosecuting attorney's staff. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any per son then known by the defendant to be a law enforcement officer or member of the prosecuting attorney's staff if the state intends to use that statement at trial. The pros ecuting attorney shall also disclose to the defendant the substance of any other rele vant written or oral statement made by the defendant while in custody, whether or not in response to interrogation. Statements of coconspirators that are attributable to the defendant and arguably admissible against the defendant at trial also shall be dis closed under this Code section. Where the defendant is a corporation, partnership, as sociation, or labor union, the court may grant the defendant, upon its motion, discovery of any similar such statement of any witness who was:
(A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or
(B) At the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been legally able to bind the defendant in respect to that alleged conduct in which the witness was involved.
\t) J.rl LJp01i Wl itt^H IcCjUcDL 01 8i uI6UQciilt clt ui* prior 10 cHl'digiiiilciiLj 01'cLC SUCH tllllc S
the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or

WEDNESDAY, MARCH 15, 1995

1827

huuner if as otherwise ordered by the court, furnish to the defendant a copy of the defend ant's Georgia Crime Information Center criminal history, if any, as is within the posses sion, custody, or control of the state or prosecution. Nothing in this Code section shall affect the provisions of Code Section 17-10-2.
\d) inQ LJpOn WI'iLLcii IcCjUQStf OI SL Cltitdlucm I 3.1 01' pi iGl CO cil'l cti^JliUlfeiiL, 01' flt SUCli LiiliG eife
the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or huuner if as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be ex amined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held.
\Q) iflB LJJJ011 WiiLLcii lii^UtiSt OI SL u.^I6iiuciiiL lt Oi1 pi 101* tO iil'l'cli^iilllfcilL, 01 clt SUCli 111116 &5
the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or suuuei if as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph any results ui reports of a report of any physical or mental examinations and of scientific tests or exper iments, including a summary of the basis for the expert opinion rendered in the report, or
cution which if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results ofthe physical or mental examination or scientific test or experiment. Nothing in this Code section shall require the disclosure of any other material, note, or memo randum relating to the psychiatric or psychological treatment or therapy of any victim or witness.
(b)(l) The If the defendant lequcsts disclosure under thib article, the defendant within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photo graph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph build ings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial.
(2) The If the defendant naquustb disclosure uadui this article, the defendant shall within ten days of timely compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall permit the prosecuting attorney at a time agreed to by the parties or as ordered by the court to inspect and copy or photo graph auy results 01 reports of a report of any physical or mental examinations and of scientific tests or experiments, including a summary of the basis for the expert opinion rendered in the report, or copies thereof, within the possession or control of the defendant which if the defendant intends to introduce as in evidence in the defense' so case-in-chief or rebuttal the results ofthe physical or mentaT examination or scientific test or experi ment. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness.
(c) If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or

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JOURNAL OF THE SENATE

material and make this additional evidence or material available as provided in this article.
(d) Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be in spected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal.
(e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 1716-5.
17-16-5.
(a) Upon written demand, al or prior to by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, ul' the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or ten days prior to trial, whichever is later, or as otherwise ordered by the court, upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, social
immbeih, and telephone numbers of the witnesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi unless previously supplied.
(b) The prosecuting attorney shall serve upon the defendant within five days of the de fendant's written notice but no later than five days before trial, whichever is later, a written notice stating the names, addresses, dates of birth, social secmity numbers, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi unless previously supplied.
(c) If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the existence and identity of such additional witness.
(d) Upon a showing that a disclosure required by this Code section would create a sub stantial threat of physical or economic harm to a witness, the court may grant an excep tion to any of the requirements of subsections (a) through (c) of this Code section.
(e) If the defendant withdraws the notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense are not admissible. However the prose cuting attorney may offer any other evidence regarding alibi.
17-16-6.
If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this article, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this article, the court may order the de fendant to permit the discovery or inspection, interview of the witness, grant a continu ance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify

WEDNESDAY, MARCH 15, 1995

1829

the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
17-16-7.
No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prosecu tion or the defendant shall produce for the opposing party any statement of any witness that is in the possession, custody, or control of the state or prosecution or in the posses sion, custody, or control of the defendant or the defendant's counsel that relates to the subject matter concerning the testimony of a the witness that the party in possession, custody, or control of the statement intends to call as a witness at trial or at such postindictment pretrial evidentiary hearing.
17-16-8.
The Upon written lequest of any paily, the prosecuting attorney, not later than ten days before trial, and the defendant's attorney, within ten days after compliance by the prose cuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, social securily numbers, and telephone numbers of that party's witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify.
17-16-9.
Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents. If the court has determined the defendant to be indigent, the court shall determine the means of reimbursement.
17-16-10.
The defendant need not include in materials and information furnished to the prosecut ing attorney under this article any material or information which the prosecuting attor ney has already furnished to the defendant under this article. The prosecuting attorney need not include in materials and information furnished to the defendant under this article any material or information which that defendant has already furnished to the prosecuting attorney under this article. Either party may call as a witness any person listed on either the prosecuting attorney's or defendant's witness list."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 17-16-20, relating to the applicability of Article 2 of this chapter to misdemeanor cases, and inserting in lieu thereof a new Code Section 17-16-20 to read as follows:
"17-16-20.
The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1, 1995, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply?*
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE SENATE

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:
Amend the Senate Committee on Special Judiciary substitute to HB 627 by adding at the end of line 14 of page 1 the following:
"provide certain additional procedures for the handling of certain persons found to be mentally incompetent; to provide for involuntary civil commitment of such persons under certain circumstances; to provide for an order that the cost of a physician or licensed clinical psychologist shall be paid by the county in certain circumstances; 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 subse quent proceedings if there are reasonable grounds to believe that the person's mental condition has changed; to amend Code Section 37-3-1 of the Official Code of Georgia An notated, relating to definitions applicable to Chapter 3 of Title 37, relating to the exami nation and treatment for mental illness, to".
By adding on line 3 of page 2 between the word "date" and the semicolon the following:
"and for applicability".
By adding between lines 13 and 14 of page 3 new Sections 1.1 and 1.2 to read as follows:
"SECTION 1.1.
Said title is further amended by designating the current provisions of subsection (e) of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, as paragraph (1) and inserting at the end of subsection (e) a new paragraph (2) to read as follows:
'(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 shall be re turned to the committing court. The committing court shall retain custody of the person and may order an independent evaluation of the person by a court appointed licensed clinical psychologist or psychiatrist who shall report to the court in writing as to the current mental and emotional condition of the person. Then the court shall conduct a hearing at which the court shall hear evidence and consider all psychiatric and psycho logical reports submitted to the court and determine whether the state has proved by clear and convincing evidence that the person meets the criteria for involuntary civil commitment pursuant to Chapter 3 or Chapter 4 of Title 37, whichever is applicable. If the person is found to meet the criteria for involuntary civil commitment, the judge may issue an order committing the person to a state institution. If the person does not meet the criteria for involuntary civil commitment, the person shall be released subject to pro visions of bond and other conditions set by the committing court. A person committed under the provisions of this paragraph may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clinical psychologist of the person's choice, the person may petition the court and the court may order such cost be paid by the county. This paragraph ap plies to those persons:
(A) Accused of committing the following crimes:
(i) Murder;
(ii) Rape;
(iii) Aggravated sodomy;
(iv) Armed robbery;

WEDNESDAY, MARCH 15, 1995

1831

(v) Aggravated assault;
(vi) Hijacking of a motor vehicle or an aircraft;
(vii) Aggravated battery;
(viii) Aggravated sexual battery;
(ix) Aggravated child molestation; or
(x) Aggravated stalking;
(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 1.2.
Said title is further amended by adding at the end of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, 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 institution 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.'"
By adding on line 7 of page 11 between the word "approval" and the period the following:
"and shall apply to all persons arrested on or after that date".
On the adoption of the amendment, the yeas were 40, nays 0, and the Clay amendment to the committee substitute was adopted.
Senators Thompson of the 33rd, Kemp of the 3rd, Madden of the 47th, and others offered the following amendment:
Amend the committee substitute to HB 627 by inserting on line 2 on page 2, immediately following the word and symbol "matters;", the following:
"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 aggravating circumstance but is unable to render a sentencing verdict;"
By inserting immediately following line 5 on page 11 the following:
"Said title is further amended by striking Code Section 17-10-31, relating to the require ment 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 punish able 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.

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(b) Notwithstanding anything to the contrary contained in subsection (a) of this Code

section and effective with respect to offenses occurring on or after July 1, 1995, it a per

son is convicted of an ott'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 or death and the judge has determined 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 the jury has found the existence of at least one itatutory aggravating circumstance but is deadlocked as to the sentence to be imposed and is divided as to the 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 the jury has found the existence of at least one statutory aggravating circumstance but is deadlocked as to the sentence to be imposed and the jury is divided as to the sentence with more than six jurors being in 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 the jury has found the existence of at least one statutory aggravating circumstance but 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 sen tence, the trial judge may declare a mistrial as to the sentencing procedures and order a new trial as to the sentencing procedures only. Such a declaration of mistrial as to sentencing shall in no way affect the adjudication of guilt.'

SECTION 4A."

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch Brown of 26th

Griffin Harbison James Oliver

Scott Slotin Stokes Thomas

Those not voting were Senators:

Henson Hill Hooks (excused)

Isakson Johnson of 2nd

Ray (excused) Walker (excused)

On the adoption of the amendment, the yeas were 37, nays 12, and the Thompson, et al. amendment to the committee substitute was adopted.

WEDNESDAY, MARCH 15, 1995

1833

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:

Balfour Boshears Bowen Burton Cagle Cheeks
Clay Crotts Day Dean
Edge
Egan Farrow Gillis

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

Middleton Newbill Oliver Perdue Pollard Ralston
Scott Starr Tanksley Thomas
Thompson
Turner Tysinger

Those voting in the negative were Senators:

Abernathy Black Blitch

Harbison James

Slotin Stokes

Those not voting were Senators:

Broun of 46th Brown of 26th Henson

Hooks (excused) Ragan Ray (excused)

Taylor Walker (excused)

On the passage of the bill, the yeas were 41, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

HB 498. By Representatives Williams of the 83rd, Powell of the 23rd, Mcffinney 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.

The House amendment was as follows:
Amend the Senate amendment to HB 498 by striking "must" and inserting in lieu thereof "may" from line 38 of page 3 and from line 6 of page 5.
Senator Clay of the 37th moved that the Senate agree to the House amendment to the Senate amendment to HB 498.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 2nd Johnson of 1st Kemp Land Madden Marable McGuire Middleton

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

Those not voting were Senators:

Black Brown of 26th

Hooks (excused) Langford

Ray (excused) Walker (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 498.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 38 by striking line 1 of page 1 through line 34 of page 5 and inserting in its place the following:
"To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, so as to pro vide for a tax credit for certain taxpayers and other persons with respect to ad valorem property taxes for educational purposes; to provide for a short title; to provide for defini tions; to provide for procedures and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, is amended by striking Code Section 48-7-29, which reads as follows:

WEDNESDAY, MARCH 15, 1995

1835

'48-7-29.
Reserved.',
and inserting in its place a new Code Section 48-7-29 to read as follows:
'48-7-29.
(a) This Code section shall be known and may be cited as the "School Property Tax Credit Act of 1995."
(b) As used in this Code section, the term "ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of a school district except taxes to pay interest on and to retire school bond indebtedness.
(c)(l) Except as otherwise provided in paragraph (2) of this subsection, any person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-720 or 48-7-21 in an amount not to exceed an amount equal to 10 percent of the amount of ad valorem taxes for educational purposes paid by that person or that person's spouse or dependent on property owned by that person or that person's spouse or de pendent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(2) An individual as defined in paragraph (12) of Code Section 48-1-2 who is a taxpayer who is 70 years of age or older who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 in an amount not to exceed an amount equal to 20 percent of the amount of ad valorem taxes for educational purposes paid by that individual or that individual's spouse or dependent on property owned by that individual or that individual's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(3) Any person who is a taxpayer shall only be authorized to claim on a tax return for a tax year the credit provided for either in paragraph (1) or paragraph (2) of this subsec tion but in no event both such credits.
(d)(l) Except as otherwise provided in paragraph (2) of this subsection, a person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxa ble under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed an amount equal to 10 percent of the amount of ad valorem taxes for educational purposes paid by that person or that person's spouse or dependent on property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(2) An individual as defined in paragraph (12) of Code Section 48-1-2 who is 70 years of age or older who has no income or no income taxable under Code Section 48-7-20 may claim a tax credit under this Code section in an amount not to exceed an amount equal to 20 percent of the amount of ad valorem taxes for educational purposes paid by that individual or that individual's spouse or dependent on property owned by that individ ual or that individual's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(3) An individual shall only be authorized to claim on a tax return for a tax year the credit provided for either in paragraph (1) or paragraph (2) of this subsection but in no event both such credits.
(eXD With respect to any single tract of property in which one or more corporations have an ownership interest, only one corporation may claim the credit under this Code section.
(2) Any property tax payment in any year with respect to which a credit is granted under any provision of this Code section shall not qualify for an additional credit for

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the same year for the same person or any other person under any provision of this Code section.
(f) The tax credit claimed by a taxpayer pursuant to this Code section shall be deductible from the taxpayer's income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the credit over payments due shall be refunded to the taxpayer, provided that a tax credit properly claimed by a person who has no income tax liability shall be paid to the person; and provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00. No such tax credit shall be allowed the taxpayer against prior or future years' tax liability.
(g) All claims for a tax credit under this Code section, including any amended claims, must be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with this subsection shall constitute a waiver of the right to claim the credit.
(h) The tax credit provided for in this Code section shall be in addition to and not in lieu of any other tax credit authorized under this title.
(1)(l) The commissioner shall provide that any return or other form used for purposes of claiming the credit under this Code section shall indicate prominently in boldface type in the designated location for claiming the credit the following: "SCHOOL PROP ERTY TAX CREDIT."
(2) The commissioner shall be authorized to promulgate any rules and regulations nec essary to implement and administer the provisions of this Code section.'
SECTION 2.

This Act shall become effective on January 1,1996, and shall be applicable to all income tax years beginning on or after that date with respect to school property taxes paid on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed." Senator Starr of the 44th moved that the Senate disagree to the House amendment to
the Senate substitute to HB 38. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate dis
agreed to the House amendment to the Senate substitute to HB 38. The Calendar was resumed.

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

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1837

Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill

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 Thomas Thompson Turner Tysinger

Voting in the negative was Senator Henson.

Those not voting were Senators:

Blitch Day

Hooks (excused) Langford

Ray (excused) Walker (excused)

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, 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 pro vide for construction; to prohibit discrimination; to provide for remedies; to provide for ex ceptions; to authorize use and printing of official documents in other languages; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, is amended by adding a new article, to be designated Article 4, to read as follows:
"ARTICLE 4
50-3-100. (a) The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined in Code

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Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia.
(b) This Code section shall not be construed in any way to infringe on the rights of per sons in their use of any language for private conversation or private conduct.
(c) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, stat utes, or regulations of the United States or of the State of Georgia as a result of that person's inability to communicate in the official language.
(d) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the state or of a political subdivision of the state, to dis criminate against any person as a result of such person's using or speaking a language other than the official language in his or her private conversations or private conduct. A person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, including injunction, for viola tion of this subsection.
(e) State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corporation, or political subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultaneously filed.
(f) The provisions of subsection (a) of this Code section shall not apply:
(1) When in conflict with federal law;
(2) When the public safety, health, or justice require the use of other languages;
(3) To instruction designed to teach the speaking, reading, or writing of foreign languages;
(4) To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and
(5) To the promotion of international commerce, tourism, sporting events, or cultural events."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Crotts of the 17th moved that the Senate agree to the House substitute to SB 49.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Bowen
Broun of 46th 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

WEDNESDAY, MARCH 15, 1995

1839

Newbill Perdue Pollard Ragan

Scott Starr Tanksley Taylor

Those voting in the negative were Senators:

Brown of 26th Oliver

Slotin

Those not voting were Senators:

Black Boshears Hooks (excused)

Johnson of 2nd Ralston

Thomas Thompson Turner Tysinger
Stokes
Ray (excused) Walker (excused)

On the motion, the yeas were 45, nays 4: the motion prevailed, and the Senate agreed to the House substitute to SB 49.
The Calendar was resumed.
Senator Gillis of the 20th resumed the Chair.

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.
Senate Sponsor: Senator Kemp of the 3rd.

Senators Johnson of the 2nd, Johnson of the 1st, Kemp of the 3rd and Hill of the 4th offered the following amendment:
Amend HB 389 by striking line 11 on page 1 and inserting in lieu thereof the following:
"grounds; to provide for an exemption from the provisions of such part; to repeal conflict ing laws; and for other purposes.".
By striking lines 9 and 10 on page 5 and inserting in lieu thereof the following:
"Said part is further amended by striking the word 'or' at the end of paragraph (6) of Code Section 12-5-295, relating to the applicability of such part; by striking the symbol'.' at the end of paragraph (7) of such Code section and inserting in lieu thereof the symbol and word '; or'; and by inserting at the end of such Code section the following:
'(8) The reclamation of manmade boat slips as a part of any publicly funded construction project and ancillary development projects including, without limitation, hotels, restau rants, retail facilities, and recreational facilities, whether public or private, within any industrial areas continued in existence pursuant to Article XI, Section I, Paragraph IV, subparagraph (d) of the Constitution which are wholly contained on an island.'
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.".
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.

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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 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 Kemp Land Langford
Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner
Tysinger

Those not voting were Senators:

Gillis (presiding) Hooks (excused) Perdue

Ralston Ray (excused)

Starr Walker (excused)

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

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.
Senate Sponsor: Senator Thomas of the 10th.

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 26, 1995

The Honorable Curtis Jenkins
State Representative Legislative Office Building, Room 612A Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 483 (LC 21 3123) Probate Courts Retirement Fund

Dear Representative Jenkins:
This bill would redefine the term surviving spouse under the Probate Courts Retire ment Fund.

WEDNESDAY, MARCH 15, 1995

1841

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

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

McGuire Middleton Newbill Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Dean Farrow Gillis (presiding)

Hooks (excused) Oliver Perdue

Ray (excused) Starr Walker (excused)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.
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.
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 30334-8400 January 25, 1995

The Honorable Curtis Jenkins State Representative Legislative Office Building, Room 612A Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 484 (LC 21 3113) Judges of the Probate Court Retirement System

Dear Representative Jenkins:

This bill would increase the time for vesting in the Judges of the Probate Court Retire ment System to eight years for anyone who becomes a member on or after July 1, 1995.
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 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 Oliver Pollard
Ragan Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Gillis (presiding) Hooks (excused) Isakson

Perdue Ralston Ray (excused)

Starr Taylor Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 15, 1995

1843

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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Judiciary Committee offered the following substitute to HB 290:
A BILL
To be entitled an Act to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to provide the opportunity to the prosecuting attorney or counsel for the defendant to take the deposition of a physician in child abuse and molestation cases to be used at trial; to provide for related matters; to provide for an effective date and applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when deposi tions to preserve testimony in criminal proceedings may be taken, is amended by striking subsections (a), (b), and (c) and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a)(l) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place.
(2) At any time after a defendant has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child, upon motion of the state or the defendant, the court having jurisdiction to try the oft'ense charged may, after notice to the parties, order that the testimony of any physician whose testimony is rele vant to such charge be taken by deposition and that any designated book, paper, docu ment, record, recording, or other material not privileged be produced at the same time and place?
(b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code Section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in eminent imminent danger of death;
(2) Has been threatened with death or great bodily harm because of the witness's sta tus as a potential witness in a criminal trial or proceeding;
(3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial;
(4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or
(5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention.
(c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and must state:

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(1) The nature of the offense charged;
(2) The status of the criminal proceedings;
(3) The name of the witness and an address in Georgia where the witness may be contacted;
(4) That the testimony of the witness is material to the case or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section.
SECTION 2.
This Act shall become effective on July 1,1995, and shall apply to all cases filed on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Farrow of the 54th and McGuire of the 30th offered the following amendment: Amend the Senate Committee on Judiciary substitute to HB 290 by striking line 1 of page 1 and inserting in lieu thereof the following:
"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 state ments made by a child to another shall be admissible through the testimony of such other person under certain circumstances; to amend Code Section 24-10-130 of the Official Code of.
By striking "to provide for an effective date" and inserting in lieu thereof "to provide for effective dates" on lines 7 and 8 of page 1.
By redesignating existing Section 1 as Section 2.
By adding between lines 10 and 11 of page 1 the following:
"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.'". By striking lines 36 through 38 of page 2 and inserting in lieu thereof the following:
"SECTION 3.
This section and Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date.
SECTION 4.
Except as provided in Section 3 of this Act, this Act shall become effective on July 1, 1995, and shall apply to all cases filed on or after that date.".

WEDNESDAY, MARCH 15, 1995

1845

By redesignating existing Section 3 as Section 5.
Senator Farrow of the 54th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour 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 Hill Isakson James Johnson of 2nd Kemp Land Langford Madden Marable

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

Those not voting were Senators:

Abernathy Gillis (presiding) Hooks (excused)

Johnson of 1st Perdue Ray (excused)

Scott Starr Walker (excused)

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.

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.
Senate Sponsor: Senator Edge of the 28th.

Senators Clay of the 37th and Edge of the 28th offered the following amendment:
Amend HB 610 by changing on line 30, p. 3 the figure .10 to .08 and on line 10, p. 4, the figure .10 to .08
On the adoption of the amendment, the yeas were 37, nays 0, and the Clay and Edge amendment was adopted.

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Senator Taylor of the 12th offered the following amendment: Amend HB 610 by inserting between lines 27 and 28 of page 5 the following:

"SECTION 3.5.

Said title is further amended by striking from Code Section 40-5-67.2, relating to terms and conditions of administrative license suspension, the introductory language and para graph (1) of subsection (a) and subsection (d) and inserting in lieu thereof the following:
'(a) Any driver's license, permit, or nonresident operating privilege required to be sus pended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for one year. Not sooner than 96 120 days following the effective date of suspension, the person may apply to the Depart ment of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license sus pended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.'
'(d) Except as otherwise provided by law, Aiiy other provision of law to the coiitiaiy notwithstanding; a driver with no previous conviction for a violation of Code Section 406-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a limited driving permit as provided in Code Section 40-5-64.'".
On the adoption of the amendment, the yeas were 33, nays 0, and the Taylor 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 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 Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

WEDNESDAY, MARCH 15, 1995

1847

Those not voting were Senators:

Hooks (excused) Perdue

Ray (excused)

Walker (excused)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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.
The Speaker has appointed on the part of the House, Representatives Kinnamon of the 4th, Chambless of the 163rd and Barnes of the 33rd.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Martin of the 47th and Cox of the 160th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Chambless of the 163rd, Bostick of the 165th and Martin of the 47th.
The Calendar was resumed.

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The following bill of the House, having been reconsidered on March 14, 1995, was put upon its passage:

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.
Senate Sponsor: Senator Thompson of the 33rd.

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 24, 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 39 (LC 18 6317)

Dear Chairman Buck:

This bill allows delivery of motor fuel from a transport tank truck or vessel directly into the tank of a motor vehicle when the motor vehicle is part of a commercial fleet of five or more vehicles and when the transport tank truck or vessel is equipped with accurate measuring devices to gauge the fuel transfer. The provision for delivery in cases of emer gency, as presently in effect, is unchanged.
This bill does not alter the volume of motor fuel delivered and taxed. Accordingly, it has no impact upon the State's revenues.
Sincerely,
/si Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget

The Senate Transportation Committee substitute appears in the Journal of March 14, 1995, and was adopted March 14, 1995.
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 Bowen Broun of 46th Brown of 26th Crotts Day

Dean Edge Egan Farrow Gillis Harbison

Henson Hooks Isakson James Johnson of 1st Land

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1849

Langford Madden Marable Middleton
Oliver

Ragan Scott
Slotin Starr

Stokes Taylor
Thompson Turner

Those voting in the negative were Senators:

Balfour Black Boshears Burton

Cagle Glanton Gochenour Guhl

McGuire Newbill Tanksley

Those not voting were Senators:

Blitch Cheeks Clay Griffin Hill

Johnson of 2nd Kemp Perdue Pollard Ralston

Ray (excused) Thomas Tysinger Walker (excused)

On the passage of the bill, the yeas were 31, nays 11.
The bill, having received the requisite constitutional majority, was passed by substitute.

HR 437. By Representative Jenkins of the 110th:

A resolution designating Harold G. Clarke Parkway. Senate Sponsor: Senator Gochenour of the 27th.

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

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

Farrow

McGuire Middleton Newbill Perdue
Ragan Ralston
Scott Slotin
Stokes Tanksley Taylor Thomas
Thompson Turner
Tysinger

Those not voting were Senators:

Blitch Boshears Glanton
Gochenour

Guhl Oliver Pollard

Ray (excused) Starr Walker (excused)

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

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JOURNAL OF THE SENATE

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

HR 438. By Representative Jenkins of the 110th: A resolution designating Benson Ham Road. Senate Sponsor: Senator Gochenour of the 27th.

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

Farrow Gillis Glanton Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch Boshears Gochenour Guhl

Isakson Perdue Ray (excused) Slotin

Tanksley Taylor Walker (excused)

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

HR 388. By Representative Holland of the 157th:
A resolution authorizing the conveyance of certain state owned real property located in Worth County. Senate Sponsor: Senator Bowen of the 13th.

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 Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Day Dean Edge Farrow Glanton Griffin

Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Land

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1851

Langford Madden Marable McGuire Middleton Oliver Perdue

Pollard Ragan Ralston Scott Slotin Starr Stokes

Those not voting were Senators:

Boshears Egan Gillis

Gochenour Isakson James

Tanksley Taylor Thomas Thompson Turner Tysinger
Newbill Ray (excused) Walker (excused)

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Ralston of the 51st.

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

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

Those voting in the affirmative were Senators:

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

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

Marable Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Thomas Turner Tysinger

Those not voting were Senators:

Egan Gochenour James

McGuire Ragan Ray (excused)

Taylor Thompson Walker (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

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The following Compensation Resolutions were read and put upon their adoption:

HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey. Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Appropriations offered the following substitute to HR 78:

A RESOLUTION

Compensating Ms. Sue F. Condrey; and for other purposes.
WHEREAS, Ms. Sue F. Condrey performs medical services at the Jimmy Autry Correc tional Institution near Pelham, Georgia; and
WHEREAS, on August 9, 1994, Ms. Condrey parked her 1985 Mercedes Model 300D in the front parking lot at the correctional facility; and
WHEREAS, upon returning to her vehicle, Ms. Condrey found that it had a cracked wind shield, broken head light, broken fog light, and cracked trim around the head light; and
WHEREAS, it is believed that the vehicle was damaged by a prison detail cutting grass in the area, as six other vehicles in that area of the parking lot were also damaged; and
WHEREAS, Ms. Condrey suffered property damage to her automobile in the amount of $579.06; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Condrey, and it is only fitting and proper that she be compensated for the amount of her deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $250.00 to Ms. Sue F. Condrey as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfac tion of all claims against the state arising out of said occurrence.

Senator Ragan of the llth offered the following amendment:
Amend the Senate Committee on Appropriations substitute to HR 78 by striking from line 22 of page 1 the following:
"$250.00",
and inserting in lieu thereof the following:
"$500.00".
On the adoption of the amendment, the yeas were 35, nays 0, and the Ragan amend ment 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 adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears 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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1853

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

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Voting in the negative was Senator Black.

Those not voting were Senators:

Balfour Bowen

Ray (excused)

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker (excused)

On the adoption of the resolution, the yeas were 51, nays 1.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key. Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Appropriations offered the following substitute to HR 80:
A RESOLUTION
Compensating Mr. Alonzo Key; and for other purposes.
WHEREAS, Mr. Alonzo Key is an employee at the Putnam Probation Boot Camp located on Forest Street in Eatonton, Georgia; and
WHEREAS, on June 29, 1994, Mr. Key parked his 1990 Honda Accord in the staff parking lot at the probation facility; and
WHEREAS, upon returning to his vehicle, Mr. Key found that it had a cracked windshield and dents and scratches on the right front and right rear doors; and
WHEREAS, it is believed that the vehicle was damaged by detainees cutting grass and weeding in the area; and
WHEREAS, Mr. Key suffered property damage to his automobile in the amount of $1,244.57; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Key, and it is only fitting and proper that he be compensated for the amount of his deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Mr. Alonzo Key as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfac tion of all claims against the state arising out of said occurrence.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy 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 Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner
Tysinger

Those not voting were Senators:

Balfour Black

Edge Perdue

Ray (excused) Walker (excused)

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

HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg. Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Appropriations offered the following substitute to HR 172:
A RESOLUTION
Compensating Ms. Charlotte Brandenburg; and for other purposes.
WHEREAS, Ms. Charlotte Brandenburg is a part-time employee at the Roekdale - DeKalb County Probation and Detention Center located at 2165 Chambers Drive in Conyers, Georgia; and
WHEREAS, on April 20, 1994, Ms. Brandenburg parked her 1988 Ford Bronco II in the parking lot at the probation facility; and
WHEREAS, upon returning to her vehicle, Ms. Brandenburg found that it had a damaged quarter panel and left quarter panel window; and
WHEREAS, the vehicle was damaged by a detainee cutting grass in the area; and
WHEREAS, Ms. Brandenburg suffered property damage to her automobile in the amount of $803.84; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Branden burg, and it is only fitting and proper that she be compensated for the amount of her deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Ms. Charlotte Brandenburg as compensation as provided above. Said sum shall be paid

WEDNESDAY, MARCH 15, 1995

1855

from funds appropriated to or available to said department and shall be in full and com plete satisfaction of all claims against the state arising out of said occurrence.

Senators Ray of the 19th and Hooks of the 14th offered the following amendment: Amend the Senate Committee on Appropriations substitute to HR 172 by adding on line 1 of page 1 between the word "Brandenburg" and the semicolon the following:
"and Ms. Carrie Fletcher".
By adding between lines 2 and 3 of page 1 the following:

"Part 1".

By adding below line 28 of page 1 the following:

"Part 2

WHEREAS, on January 25, 1993, Ms. Carrie Fletcher fell on the corner of the street near the door of the Coffee County Field Service Office of the Georgia Department of Labor, injuring her ankle; and
WHEREAS, Ms. Fletcher's expenses for medical treatment of her injured ankle and other out-of-pocket expenses were $900.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is authorized and directed to pay the sum of $900.00 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence."
On the adoption of the amendment, the yeas were 38, nays 0, and the Ray and Hooks amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 30, 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 adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears 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 Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Abernathy Black

Ray (excused)

Walker (excused)

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

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer. Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Appropriations offered the following substitute to HR 277:

A RESOLUTION

Compensating Mr. Robert T. Cramer; and for other purposes.
WHEREAS, on June 1, 1993, Mr. Robert T. Cramer fell in a puddle of water on the prem ises of the Georgia State Farmers' Market on Eisenhower Parkway in Macon, Georgia, and fractured his pelvis, sustained compression fractures of his spine, and suffered bruises and abrasions; and
WHEREAS, Mr. Cramer's expenses relating to his injuries were $7,500.00; and
WHEREAS, Mr. Cramer's injuries and loss occurred through no fault or negligence on the part of the Department of Agriculture, but it is only fitting and proper that he be compen sated for his travel expenses for medical treatment.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is authorized and directed to pay the sum of $500.00 as compensation to Mr. Cramer as provided above. Said sum shall be paid from funds appro priated to or otherwise available to said department and shall be full and complete satisfac tion of all claims against the state arising out of the same occurrence.
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 adoption of the resolution by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Blitch Bowen
Broun of 46th Brown of 26th 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 Scott
Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

WEDNESDAY, MARCH 15, 1995

1857

Voting in the negative were Senators Boshears and Burton.

Those not voting were Senators:

Abernathy Black

Hooks Johnson of 2nd

Ray (excused) Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 2.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc. Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Appropriations offered the following substitute to HR 319:
A RESOLUTION
Compensating Five Star Dodge, Inc.; and for other purposes.
WHEREAS, on September 3,1991, Five Star Dodge, Inc., located in Macon, Georgia, sold a 1991 Mazda pickup truck to Mr. Stephen Thomas; and
WHEREAS, Five Star Dodge, Inc., sent the certificate of origin and title application to the Motor Vehicle Division of the Department of Revenue reflecting that Chrysler Credit Cor poration was to be shown as first lien holder on such Mazda pickup truck (ID: JM2UF3135MO141786); and
WHEREAS, Chrysler Credit Corporation should have been shown as the security interest holder on Georgia Certificate of Title Number 23391769; and
WHEREAS, Georgia Certificate of Title Number 23391769 was processed in the name of Stephen R. Thomas without reflecting Chrysler Credit Corporation as the security interest holder; and
WHEREAS, Mr. Thomas borrowed money from Trust Company Bank of Middle Georgia using the Mazda pickup truck as collateral and a title was issued reflecting Trust Company Bank of Middle Georgia as the security interest holder; and
WHEREAS, Mr. Thomas subsequently sold the Mazda pickup truck and the Trust Com pany Bank of Middle Georgia was paid and the lien on the motor vehicle was released; and
WHEREAS, in the meantime around June, 1992, the monthly payments to Chrysler Credit Corporation were suspended and, because the financing agreement was with recourse to the dealer, Chrysler Credit Corporation demanded the balance due on the Mazda pickup truck from Five Star Dodge, Inc.; and
WHEREAS, although the Department of Revenue issued a special certificate of title show ing Stephen Thomas as the owner of and Chrysler Credit Corporation as the first lien holder on the Mazda pickup truck, the purchaser of the truck claimed that the special title showing Chrysler Credit Corporation as the first lien holder could not take precedence over the title previously issued which reflected the lien of Trust Company Bank of Middle Georgia; and
WHEREAS, Five Star Dodge, Inc., was unable to regain possession of the motor vehicle or locate Mr. Thomas and, as a result of the issuance of an incorrect certificate of title on the motor vehicle, has suffered property loss totaling $7,500.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Five Star Dodge, Inc., and it is only fitting and proper that the company be compensated for its loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Revenue is authorized and directed to pay the sum of $4,736.68 to Five Star Dodge, Inc., as compensation to pay off the loan to Chrysler Credit Corporation.

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Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Senators Ray of the 19th and Hooks of the 14th offered the following amendment: Amend the Senate Committee on Appropriations substitute to HR 319 by adding on line 1 of page 1 between the abbreviation "Inc." and the semicolon the following:
", and Mr. William H. Clark".
By adding between lines 1 and 2 of page 1 the following:

"Part 1".

By adding below line 18 of page 2 the following:

"Part 2

WHEREAS, in 1985, Mr. William H. Clark became manager of the golf course at the Roosevelt Warm Springs Institute for Rehabilitation which is under the jurisdiction of the Department of Human Resources; and
WHEREAS, such employment was pursuant to a golf course manager's contract which was renewed annually until Mr. Clark suffered a stroke on April 29, 1994; and
WHEREAS, once Mr. Clark suffered his stroke, his position with the golf course was termi nated on August 5, 1994; and
WHEREAS, Mr. Clark has suffered medical expenses and, as a result of being misled about his employment status and the failure of the Roosevelt Warm Springs Institute for Rehabil itation to renew his contract, Mr. Clark has suffered personal injury loss totaling $6,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $6,000.00 to Mr. William H. Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence."
On the adoption of the amendment the yeas were 30, nays 3, and the Ray and Hooks amendment 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 adoption of the resolution by substitute, 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 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 Isakson
Johnson of 2nd Johnson of 1st

Kemp Land Langford Madden Marable
McGuire Middleton Oliver Perdue Pollard Ragan Ralston
Scott Slotin

WEDNESDAY, MARCH 15, 1995

1859

Starr Stokes Taylor

Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Black Egan James

Newbill Ray (excused)

Tanksley Walker (excused)

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following resolution was read and put upon its adoption:

HR 601. By Representatives Walker of the 141st and Murphy of the 18th: A resolution relative to adjournment; and for other purposes.

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 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 Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Taylor Thompson Turner Tysinger

Voting in the negative was Senator Thomas.

Those not voting were Senators:

Johnson of 2nd Newbill

Ray (excused) Stokes

Tanksley Walker (excused)

On the adoption of the resolution, the yeas were 49, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The Calendar was resumed.

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 relative to torts, so as to provide for a limitation

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JOURNAL OF THE SENATE

on the liability of persons acting in good faith to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature.
Senate Sponsor: Senator Land of the 16th.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th Clay Egan Glanton

Gochenour Isakson Langford Newbill

Ray (excused) Taylor Walker (excused)

On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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

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1861

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

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Scott

Those not voting were Senators:

Clay Ralston

Ray (excused)

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker (excused)

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

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.
Senate Sponsor: Senator Oliver of the 42nd.

The Senate Committee on Judiciary offered the following substitute to HB 415:
A BILL
To be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace pursuant to Code Section 17-6-110 or who is in violation of a temporary protective order shall constitute the offense of aggravated stalking; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking in its entirety subsection (a) of Code Section 16-5-91, re lating to aggravated stalking, and inserting in it's place a new subsection (a) to read as follows:
"(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, preliminary injunction, or permanent in junction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveil lance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 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 Pollard
Ragan Ralston Scott
Slotin Starr Stokes
Tanksley
Taylor Thomas
Thompson
Turner Tysinger

Those not voting were Senators:

Balfour Perdue

Ray (excused)

Walker (excused)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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.
Senator Hill of the 4th moved that the Senate adhere to its substitute to HB 154 and appoint a Conference Committee.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Hill of the 4th.
The Calendar was resumed.

WEDNESDAY, MARCH 15, 1995

1863

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. Senate Sponsor: Senator Scott of the 36th.

Senator Balfour of the 9th moved that HR 417 be placed on the Table.
On the motion, the yeas were 10, nays 29; and the motion was lost.
The report of the committee, which was favorable to the adoption of the resolution was agreed to.

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

Those voting in the affirmative were Senators:

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 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy
Crotts Glanton

Henson Ray (excused) Starr

Thomas Walker (excused)

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

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. Senate Sponsor: Senator Scott of the 36th.
Senator Scott of the 36th moved that HR 280 be placed on the Table. On the motion, the yeas were 39, nays 2; the motion prevailed, and HR 280 was placed on the Table.
The following bill was taken up to consider House action thereto:

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

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systems; to add two members and provide for the powers and duties of the County and Municipal Probation Advisory Council.
Senator Dean of the 31st moved that the Senate adhere to its substitute to HB 435 and appoint a Conference Committee.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Dean of the 31st, Langford of the 29th and Cagle of the 49th.
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 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.
The Speaker has appointed on the part of the House, Representatives Holmes of the 53rd, Canty of the 52nd and Holland of the 157th.
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 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.
The Speaker has appointed on the part of the House, Representatives Dobbs of the 92nd, Chambless of the 163rd and Greene of the 158th.
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 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 Speaker has appointed on the part of the House, Representatives Godbee of the 145th, Ashe of the 46th and Smith of the 175th.

WEDNESDAY, MARCH 15, 1995

1865

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 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 noneorroding material perma nently marked with the name, date of birth, date of death, and social security number of the decedent.
The Speaker has appointed on the part of the House, Representatives Bailey of the 93rd, Jones of the 71st and Wall of the 82nd.
The House insists on its position in amending 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 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.
The Speaker has appointed on the part of the House, Representatives Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd.
The House insists on its position in substituting the following bill of the Senate:
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.
The House has agreed to the Senate amendment, to the House substitute, to the fol lowing bill of the Senate:
SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th, Isakson of the 21st and Newbill of the 56th:
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 Calendar was resumed.

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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.
Senate Sponsor: Senator Thompson of the 33rd.

Senator Thompson of the 33rd moved that HB 601 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:

Broun of 46th Brown of 26th Dean Farrow Gillis Harbison Henson Kemp

Langford Madden Marable Middleton Oliver Perdue Ragan

Slotin Starr Stokes Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts

Day Edge Egan Glanton Gochenour Griffin Guhl Hill Isakson Johnson of 2nd

Johnson of 1st Land McGuire Newbill Pollard Ralston Scott Tanksley Tysinger

Those not voting were Senators:

Abernathy Hooks

James Ray (excused)

Walker (excused)

On the motion, the yeas were 22, nays 29, and the motion was lost.
Senator Isakson of the 21st offered the following amendment:
Amend HB 601 by striking the word "commissioner" on line 16 page 3 and inserting the word "department"
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 Egan Farrow Gillis
Glanton Gochenour

WEDNESDAY, MARCH 15, 1995

1867

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 1st Kemp

Land Langford Madden McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Johnson of 2nd Marable

Ray (excused) Taylor

Walker (excused)

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

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. Senate Sponsor: Senator Hill of the 4th.
Senator Hill of the 4th moved that HR 95 be placed on the Table. On the motion, the yeas were 40, nays 0; the motion prevailed, and HR 95 was placed on the Table.

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.
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:

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

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

Madden Marable McGuire Middleton Newbill Pollard Ragan Slotin Stokes Tanksley
Taylor Thompson Turner Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Blitch Dean Glanton
Johnson of 1st

Oliver Perdue Ralston
Ray (excused)

Scott Starr Thomas
Tysinger

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Perdue of the 18th.
Senator Oliver of the 42nd moved that HB 609 be placed on the Table.
On the motion, the yeas were 29, nays 1; the motion prevailed, and HB 609 was placed on the Table.

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.
Senate Sponsor: Senator Egan of the 40th.

Senator Oliver of the 42nd offered the following amendment:
Amend HB 299 by adding "to provide for special motions to strike in certain actions;" after the word and symbol "exceptions;" on line 5 of page 1.
By striking line 31 of page 1 and inserting the following:
"statute of limitations affecting actions in equity.
(d) Any claim brought against a person or entity arising from any act by that person in furtherance of the right of free speech or right to petition government in connection with an issue of public interest shall be subject to a special motion to strike, unless the court deter mines that the claimant can show a substantial justification for bringing such a claim and that there is a probability that the claimant will prevail on the claim All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a notice of motion made pursuant to this Code section. '
On the adoption of the amendment, the yeas were 17, nays 24, and the Oliver 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 Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay Crotts

WEDNESDAY, MARCH 15, 1995

1869

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

Those not voting were Senators:

Black

Ray (excused)

Walker

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

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. Senate Sponsor: Senator Marable of the 52nd.
Senator Marable of the 52nd moved that HR 419 be placed on the Table. On the motion, the yeas were 39, nays 0; the motion prevailed, and HR 419 was placed on the Table.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 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 House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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

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JOURNAL OF THE SENATE

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 disagreed to the Senate amendment to the House substitute to the following bill of the Senate:
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 Calendar was resumed.
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 "Probate Judges Training Council".
Senate Sponsor: Senator Pollard of the 24th.
Senator Pollard of the 24th offered the following amendment:
Amend HB 248 by inserting on line 5 on page 1, immediately following the word and sym bol "references;", the following:
"to provide that under certain circumstances a county governing authority may limit the amount of certain fees retained by certain officers; to provide for a certain report;"
By inserting immediately following line 17 on page 3 the following:
"SECTION 1A.
Said chapter is further amended by inserting immediately following Code Section 15-9-67 the following:
'15-9-68.
Notwithstanding the provisions of subsection (e) of Code Section 31-10-8 and subsection (c) of Code Section 31-10-27, unless local law or an agreement between a judge of the probate court and the county governing authority provides for the retention of a greater amount, a county governing authority may, by ordinance or resolution, limit the total amount of fees authorized to be retained as personal compensation by a probate judge who serves as local custodian, local registrar, or special abstracting agent pursuant to Code Section 31-10-8 or 31-10-27 to an aggregate amount not less than an amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997. Any probate judge whose fees are limited pursuant to this Code section shall prepare and submit a report at least quarterly to the county governing au thority specifying the amount received during the quarter for which the report is submitted.'"
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.

WEDNESDAY, MARCH 15, 1995

1871

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 Gillis

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

Those not voting were Senators:

Abernathy Dean

Scott Taylor

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

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

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.
Senate Sponsor: Senator Land of the 16th.

The Senate Committee on Judiciary offered the following substitute to HB 605:
A BILL
To be entitled an Act to amend Code Section 45-9-21 of the Official Code of Georgia Anno tated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, so as to provide for the employment of attorneys by county officers under certain circum stances; to provide for the payment of attorneys' fees and expenses of litigation from county funds; to provide for a definition; to provide for exceptions; 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.
Code Section 45-9-21 of the Official Code of Georgia Annotated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, is amended by adding at the end of said Code section a new subsection (e) to read as follows:
"(e)(l) As used in this subsection, the term 'county officer' means the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner or tax collec tor and tax receiver of a county.

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(2) In any civil case in which the county attorney has a conflict of interest which would ethically prevent the county attorney from representing both the county, the governing authority of the county, or another county officer or employee and the county officer, upon a determination by the chief judge of the superior court of the circuit in which the county is located that an ethical conflict exists, the county officer shall be authorized to employ individual legal counsel to represent such county officer in such matter. The governing authority of the county shall pay the reasonable fees of such individual counsel and all applicable court costs, deposition costs, witness fees and compensation, and all other like reasonable costs, expenses, and fees; provided, however, that such attorneys' fees shall be no more than the rate paid to the county attorney for similar representation or in accord
ance with a schedule of rates for outside counsel adopted by the governing authority, if any. Such fees and costs shall be authorized by the chiefjudge of the superior court of the circuit in which the county is located. This subsection shall not apply unless the gov
erning authority of the county has first denied a written request by a county officer for counsel."

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

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

Those voting in the affirmative were Senators:

Balfour
Bowen
Broun of 46th Brown of 26th Burton Cagle Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin
Guhl
Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Langford Marable McGuire Middleton Newbill

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

Those voting in the negative were Senators:

Black Boshears Cheeks
Clay

Day Isakson Land

Madden Ragan Turner

Those not voting were Senators:

Abernathy Blitch

Hooks

Taylor

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

WEDNESDAY, MARCH 15, 1995

1873

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

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.
Senate Sponsor: Senator Kemp of the 3rd.
The Senate Judiciary Committee offered the following substitute to HB 76:
A BILL
To be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to make it unlawful to furnish or disseminate through a computer or computer network certain information relating to the illegal sale or procurement of marijuana, controlled substances, or drug related objects; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding after Code Section 16-13-43 a new Code sec tion to read as follows:
"16-13-43.1.
It shall be unlawful for any person knowingly to furnish or disseminate through a com puter or computer network any picture, photograph, drawing, or similar visual represen tation or verbal description of any information relating to the illegal sale or procurement of marijuana or controlled substances, as denned in Code Section 16-13-21, or drug re lated objects, as denned in Code Section 16-13-1. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Goehenour Griffin

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

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JOURNAL OF THE SENATE

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 Glanton.

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

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. Senate Sponsor: Senator Scott of the 36th.
Senator Burton of the 5th moved that HR 420 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
Blitch
Boshears
Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay
Crotts Day Dean
Edge

Egan
Farrow
Gillis
Glanton
Guhl Henson
Isakson James Johnson of 2nd
Johnson of 1st Land Madden
Marable

McGuire
Middleton
Oliver
Perdue
Pollard Ralston
Ray Starr Tanksley
Thompson Turner Tysinger

Those voting in the negative were Senators:

Bowen Gochenour Griffin Harbison

Hill Kemp Langford Newbill

Ragan Scott Slotin Thomas

Those not voting were Senators:

Abernathy Black

Hooks Stokes

Taylor Walker

On the motion, the yeas were 38, nays 12; the motion prevailed, and HR 420 was placed on the Table.

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

WEDNESDAY, MARCH 15, 1995

1875

change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 326:
A BILL
To be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions applicable to professions and businesses, so as to pro vide that investigators for state examining boards shall be eligible for membership in the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern; to provide for effect and confidentiality of such letters of concern; to authorize examining boards to impose certain fees or charges to cover the cost of investigations or disciplinary proceedings; to provide that litigation costs and attorney's fees may be as sessed for frivolous appeals; to require a licensed individual who is convicted of a felony to notify the appropriate licensing authority of such conviction; to authorize a penalty for fail ure to provide such notification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provi sions applicable to professions and businesses, is amended by striking in its entirety sub section (b) of Code Section 43-1-5, relating to investigators for state examining boards and office of joint-secretary, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer, provided, however, that nothing in this Code section and shall be construed to make any invehtigatui1 eligible for membership in the Peace Otlicm b Officers' Annuity and Benefit Fund."
SECTION 2.
Said chapter is further amended by striking the word "or" at the end of paragraph (6) of subsection (d) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and application of the "Georgia Administrative Procedure Act"; by striking the symbol "." at the end of paragraph (7) of such subsection and inserting in lieu thereof the symbol and word "; or"; and by inserting at the end of such subsection the following:
"(9) Impose on a licensee or applicant fees or charges in an amount necessary to reim burse an examining board for the administrative costs incurred by the board in con ducting an investigative or disciplinary proceeding."
SECTION 3.
Said chapter is further amended by striking in its entirety subsections (f) and (j) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and applica tion of the "Georgia Administrative Procedure Act," and inserting in lieu thereof, respec tively, the following:
"(f) Initial judicial review of a final decision of a state examining board shall be had solely in the superior court of the county of domicile of the board. The court may assess reason able and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of the state examining board or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As

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used in this subsection, 'slacked substantial justification' means substantially frivolous,

substantially groundless, or substantially vexatious."

~

"(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant."

SECTION 4.

Said chapter is further amended by adding following Code Section 43-1-26 a new Code Section 43-1-27 to read as follows:
"43-1-27.
Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as denned in paragraph (3) of subsec tion (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing au thority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Committee on Judiciary substitute to HB 326 by striking from line 25 of page 2 the following:
"the state examining board", and inserting in lieu thereof the following:
"any party". On the adoption of the amendment, the yeas were 38, nays 0, and the Oliver amend
ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was
adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi
tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy 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 Middleton Newbill

WEDNESDAY, MARCH 15, 1995

1877

Oliver Perdue Pollard Ralston Ray

Scott Slotin Starr Stokes Tanksley

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black James

McGuire Ragan

Taylor 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 bill was taken up to consider House action thereto:

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.
Senator Johnson of the 1st moved that the Senate adhere to its amendment to the House substitute to SB 55 and appoint a Conference Committee.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Johnson of the 1st, Farrow of the 54th and Oliver of the 42nd.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 155:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to change the provi sions relating to definitions; to change the provisions relating to the investigation of child abuse reports and the reports regarding such investigation; to provide for notice and oppor tunity for hearing before alleged child abusers will have their names included on the child abuse registry; to provide for hearings and appeals; to provide for inclusion of names on such registry; to change the provisions relating to expungement of names from such regis try; to authorize individuals to find out whether their names are included on such registry; to change the provisions relating to immunity from liability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking Article 8 and inserting in its place the following:
"ARTICLE 8
49-5-180.
As used in this article, the term:
(1) 'Abuse investigator" means the department, any local department of family and chil dren services, law enforcement agency, or district attorney or designee thereof.
(2) 'Abuse registry' means the Child Protective Services Information System central child abuse mgistiy required to be established by Code Section 49-5-181.
(3) 'Abused' means subjected to child abuse.
(3.1) 'Alleged child abuser' means a person deemed to be an alleged child abuser pursu ant to Code Section 49-5-183.L
(4) 'Child' means any person under 18 years of age.
(5) 'Child abuse' means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for pur poses of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183;
(C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5183; uiu
(D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Sec tion 49-5-183r, and
(E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child.
(6) 'Confirmed' means that an investigation by an abuse investigator has revealed that there is substantial equal or greater credible evidence that child abuse occurred than the credible evidence that child abuse did not occur.
(6.1) 'DFACS office' means the principal office of a county department of family and children services.
(7) "Division" means the Division of Family and Children Services of the Department of Human Resources.
(7.1) "Hearing office" means the Office of State Administrative Hearings created under Code Section 50-13^4ir
(8) 'Out-of-state abuse investigator" means a public child protective agency or law en forcement agency of any other state bound by confidentiality requirements as to informa tion obtained under this article which are similar to those provided in this article.

WEDNESDAY, MARCH 15, 1995

1879

(8.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts;
(H) Defecation or urination for the purpose of sexual stimulation; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.
(9) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, per mits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100.
(10) Unconfirmed' means that an abuse investigator has been unable to locate the child allegedly abused or has determined by an iiivesligaliuu an investigation by an abuse investigator has revealed that there is not substantial some credible evidence that child abuse occurred but there is not sufficient credible evidence to classify that child abuse as confirmed.

t, _LJ./ LJiluci iilVfeSLi^J&tiOii liitctiifc LliciL iii iiiVti&ti^ilLlOll Dy iii cHjUbc nYVcStrigatOi1 IiaS llOt
beeu completed but shall not extend beyond 180 days, from Hie dale the investigation began Reserved.

(12) "Unfounded1 means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred.

49-5-181.

The division shall establish and maintain a central child abuse registry which shall receive
all information regarding suspected confirmed and unconfirmed cases of child abuse re ported to the division pursuant to Code Section 49^5^83 49-5-183.1 and which shall be known as the 'Child Protective Services Information System.' lu addition the uivisiun shall

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49-5-182.
The abuse registry shall be operated in such a manner as to enable abuse investigators to: (1) Immediately identify and locate prior reports of child abuse; and
(2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183.
(a) All lepoits uf alleged child abuse received by any abuse investigator pursuant tu Cude Sectiuii 19-7-0 and all caheh in wliiuli an abuse investigator independently mdkus d. determinatioii Chat theie is reasonable cause to believe a child had been abused shall be re-
jGilLcu tO tiic ulVISiOtl U.jjuilrtJMJ GiU'litir GI.
(1) Tlie completion of the investigation, 01
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(a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise shall make a written report to the DFACS office of any county in which the investigation was conducted. The investigator's report shall classify the child abuse alleged to have been committed by each person in the case as 'confirmed,' 'unconfirmed,' or 'unfounded.'
The report to the division DFACS office made pursuant to subsection (a) of this Cd3e section shall also include the following:
(1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's parents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known, and shown by some credible evidence to be the person who committed the child abuse. If there is equal or greater credible evidence that the person committed the abuse than the person did not commit the abuse, the person's name shall be listed as a 'confirmed'; otherwise, the person's name shall be listed as an 'unconfirmed'; and (4) A summary of the known details of the child abuse which at a minimum shall con tain the classification of the abuse as provided in paragraph (5) of Code Section 49-5180 as either sexual abuse, physical abuse, child neglect, or a combination thereof.
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WEDNESDAY, MARCH 15, 1995

1881

49-5-183.1.
(a) If a DFACS office pursuant to Code Section 49-5-183 receives an abuse investigator's report naming a person as having committed an act of child abuse classified as 'con firmed' or 'unconfirmed' in the report, the person so named shall be deemed to be an alleged child abuser for purposes of this article?
(b) A DFACS office which, pursuant to Code Section 49-5-183, receives an investigator's report naming an alleged child abuser shall mail to each alleged child abuser so classified in such report a notice regarding such classification. The notice shall further inform such alleged child abuser of such person's right to a hearing and the procedures for obtaining the hearing. The hearing shall be for the purpose of an administrative determination regarding whether or not there was sufficient credible evidence of child abuse by the alleged child abuser to justify the investigator's classification of such abuse as 'confirmed' or 'unconfirmed.' In order to exercise such right, the alleged child abuser must file a written request for a hearing with the DFACS office which mailed the hearing notice within ten days after receipt of such notice. The written request shall contain the alleged child abuser's address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail.
(c) A DFACS office which receives a timely written request for a hearing under subsec tion (b) of this Code section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provision of law, the hearing office shall conduct a hearing upon that request as provided in this Code section. That hearing shall be held and a decision rendered within 15 business days following receipt by that hearing office of the request for hearing. The hearing shall be conducted in the county of the DKAUB office which transmitted the hearing request to the hearing office. That DFACS office, the investigator whose report and classification created the issues to be determined at such hearing, and the alleged child abuser so classified in that report shall all be notified by mail or by telephone of the time and place of the hearing and be given a reasonable opportunity to be heard on the issues.
(d) At the conclusion of the hearing under subsection (c) of this Code section, the hearing office shall order that the alleged child abuser's name not be included in the abuse regis try upon a finding that there is no credible evidence that such individual committed the child abuse alleged; otherwise, the hearing office shall order listing of the alleged child abuser's name on the abuse registry as confirmed if there is equal or greater credible evidence that such individual committed the abuse than such individual did not commit the abuse or as unconfirmed if there is some credible evidence that the alleged child abuser committed the alleged child abuse but not enough to classify the individual as confirmed. The general public shall be excluded from hearings of the hearing office held panudrsnuoatntsutobjethcitstoarptuicblleicainndsptehcetiofinle.s--a--nd--r--ec--or--ds--r--ela--ti--ng--t--he--re--to--sh--a--ll --be--c--on--fid--en--ti--al
(e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the alleged child abuser as pro vided in this Code section. The petition for appeal shall be filed within ten days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juve nile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the abuse registry and the juvenile court shall conduct tho review and render its decision thereon within 30 days following the filing of the petition. The review and records thereof shall be closed to the public and not nsuobt jbeectstuobpjeucbtlitcoinfusprtehcetiroanp. pTehael doercriesvioienwo.f--th--e j--uv--en--ile--c--ou--rt u--n--de--r t--his--s--ub^s--ect--io--n s--ha--ll
(f) The DFACS office which notifies a person of that person's classification as an alleged child abuser and of that person's right to a hearing regarding that classification shall

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transmit to the division the investigator's report so naming such person unless that office receives a written request for such hearing within the time for making such request under subsection (b) of this Code section. If a timely request for hearing is received, the hearing office shall transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days following that decision unless a petition tor judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the juvenile court shall transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report re garding such individual within ten days following that decision.
(g) No child under the age of 14 shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those con tained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-3-lBT
49-5-184.
\L) Hie uiviSiOil Sliclll !iiClUClc 11X1116 &L)U.bc iLGiSti*y tlic nlI017ill&tiiuxl I'ti^JGi'ttiCl tO iL fHU'Sli"
aut tu CuUe Section 49-5-183 within Con Jays after iBuuipt thereof. If the division receives an investigator's report, hearing office decision, or juvenile court decision which finds credible evidence that an alleged child abuser has committed an act of child abuse which is confirmed or unconfirmed, the division shall include on the abuse registry the name and such classification of the alleged child abuser along with the investigator's report regarding such individual.
(b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified.
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Q. rillu.j.iij 103.1' tilfei ti iS A1G l'c<iSOli3.t5i6 D&&I& IOI1 tflC ptititiOiiiii^ nluiVJ.uU.3iS liciiiit; TO DC
maintained in the abuse legihliy for the slalutonly piuscribed puiiud. Any person whose name appears in the abuse registry without a hearing having been held to determine whether or not there was sufficient credible evidence of child abuse by such person or a reasonable basis to justify such inclusion on the registry is entitled to a hearing for an administrative determination of that issue and whether or not expungement of the name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was con ducted which resulted in such person's name being included in the abuse registry.
(d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing under subsection (c) of this Code section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provisions of law, the hearing office shall conduct a hearing as provided in this subsection. A hearing shall be conducted upon that request within 60 days following its receipt by that hearing office. The procedures and standards tor such hearing shall be substantially the same as those for administrative hearings under Code Section 49-5-183.1. Upon a finding that there is no credible evidence that the person who requested the hearing committed the child abuse which was the basis for including such person's name on the abuse registry, the hearing office shall order the division to expunge that name from the registry; other wise, the hearing office shall not take any action regarding the inclusion of such person's name on the registry unless the office finds credible evidence of child abuse by such per son which justifies a different classification of the named person than the classification

WEDNESDAY, MARCH 15, 1995

1883

shown on the registry, in which case the office shall order the appropriate classification to be shown by the division on the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection.
(e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the person who requested the hearing as provided in this subsection. The appeal shall be tiled within 30 days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juvenile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile court under this subsec tion shall not be subject to further appeal or review.
49-5-185.
(a) Only Except as otherwise provided in subsection (c) of this Code section and subsec tion (b) of Code Section 49-5-186, only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be provided information relating to that case for purposes of using that information in such investigation, except as provided in subsection (b) of Code Section 49-5-160.
(b) The department shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confi dential information.
(c) A person may make a written request to any DFACS office to find out whether such person's name is included on the abuse registry. Upon presentation of a passport, mili tary identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether that person's name is included on the abuse registry and, if so, whether the report is classified as confirmed or unconfirmed, the date upon which the person's name was listed on the registry, and the county in which the investigation was conducted which resulted in such inclusion.
49-5-186.
(a) Information in the abuse registry shall be confidential and access thereto is prohib ited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter.
(b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use in any court proceeding and make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible.
(c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor.
(d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor.

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49-5-187.
The department, each DFACS office, and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such informa tion from the abuse registry as authorized by this article shall have no civil or criminal liability therefor."
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 Senate Committee on Judiciary substitute to HB 155 by striking line 1 of page 1 and inserting in lieu thereof the following:
"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 state ments made by a child to another shall be admissible through the testimony of such other person under certain circumstances; to amend Chapter 5 of Title 49 of the Official Code of.
By striking line 14 of page 1 and inserting in lieu thereof the following:
"from liability; to provide for effective dates; to repeal conflicting laws; and for other".
By redesignating existing Section 1 as Section 2.
By adding between lines 16 and 17 of page 1 the following:
"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.'". By adding between lines 13 and 14 of page 12 the following:
"SECTION 3.
This section and Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date.
SECTION 4.
Except as provided in Section 3 of this Act, this Act shall become effective on July 1, 1995.". By redesignating existing Section 2 as Section 5.
On the adoption of the amendment, the yeas were 37, nays 0, and the McGuire amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, MARCH 15, 1995

1885

On the 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 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 Thompson Turner Tysinger

Those not voting were Senators:

Egan Perdue

Tanksley

Walker

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

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 293 by changing on Page 5 line 18 the word "eight" to "nine" and on line 21 after the word "council" add the following: "but shall not be less than a majority of those author ized to be appointed to the council".
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to SB 293.

On the motion, 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

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JOURNAL OF THE SENATE

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

Those not voting were Senators:

Blitch Perdue

Ralston Tanksley

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

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 293.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bills of the House:
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 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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.

WEDNESDAY, MARCH 15, 1995

1887

The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Thomas of the 10th and Dean of the 31st:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Dean of the 31st and Boshears of the 6th:
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 House has agreed to Senate amendment #1 and has agreed to Senate amendment #2, as amended by the House, to the following bill of the House:
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.
The Calendar was resumed.
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.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 456:
A BILL
To be entitled an Act 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 activities which constitute a lottery; to authorize certain raffles; to provide for legislative intent; to provide for definitions; to require licenses; to provide for license procedures, fees, and re newal; to provide for revocation; to provide for access to premises by law enforcement agen cies; to provide for certificate of tax-exempt status; to provide for special limited licenses; to provide for certain ownership restrictions regarding certain premises; to provide for age restrictions; to provide for annual reports; to provide for regulations and requirements with respect to the conducting or operating of raffles; to provide for authority of sheriffs with

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JOURNAL OF THE SENATE

respect to the foregoing; to provide for criminal penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, is amended by striking paragraph (4) of Code Section 16-12-20, relat ing to definitions regarding gambling, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a:
(A) Promotional piumutiuiial giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-
oyjj A. lutltil'^y Sil&li ilOL iliccui SL bClltiiiiti
(B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
(AXi) Such prizes are conducted as advertising and promotional undertakings in good faitF solely for the purpose of advertising the goods, wares, and merchandise of such business; and
(SKii) No person to be eligible to receive such prize shall be required to:
frrXI) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value;
(iiKII) Purchase any goods, wares, merchandise, or anything of value from such business; or
(irrXIII) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or
(C) Raffle authorized under Code Section 16-12-22.1."
SECTION 2.
Said part is further amended by adding a new Code section immediately following Code Section 16-12-22, to be designated Code Section 16-12-22.1, to read as follows:
"16-12-22.1.
(a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups or nonprofit organizations which could qualify under Section 501(c) of the Internal Revenue Code, as amended, which are properly licensed pursuant to this Code section shall be allowed to operate raffles.
(b) As used in this Code section, the term:
(1) "Nonprofit, tax-exempt organization' means churches, schools, civic organizations, or related support groups or nonprofit organizations which could qualify under Section 501(c) of the Internal Revenue Code, as amended.
(2) 'Operate,' 'operated,' or 'operating" means the direction, supervision, management, operation, control, or guidance of activity.
(3) 'Raffle' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize. Such term shall also include door prizes which are awarded to persons attending meetings or activities provided that the cost of admission to such meetings

WEDNESDAY, MARCH 15, 1995

1889

or activities does not exceed the usual cost of similar activities where such prizes are not awarded.
(4) 'Sheriff means the sheriff of the county in which the nonprofit tax-exempt organiza tion is located.
(c) Any other law to the contrary notwithstanding, no nonprofit, tax-exempt organization shall be permitted to operate a raffle until the sheriff issues a license to the organization authorizing it to do so. The license described in this subsection is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no raffle shall be operated until such time as all requisite licenses have been obtained. In the event a nonprofit, tax-exempt organization desires to conduct a raffle in more than one county, such organization shall not be required to obtain a license under this Code section in each county in which such raffle is to be conducted and shall only be required to obtain such license from the sheriff of the county in which the state head quarters of such organization are located.
(d)(l) Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the sheriff on forms prescribed by the sheriff and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 24 months immediately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calen dar year shall be filed with the sheriff prior to January 1 of each year and shall be on a form prescribed by the sheriff.
(2) Each application for a license and each application for renewal of a license shall contain the following information:
(A) The name and home address of the applicant and, if the applicant is a corpora tion, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the directors, or other persons similarly situated, of the organization;
(B) The-names and home addresses of each of the persons who will be operating, advertising, or promoting the raffle;
(C) Thejnames and home addresses of any persons, organizations, or other legal enti ties that will act as surety for the applicant or to which the applicant is financially indebted 'or to which any financial obligation is owed by the applicant;
(D) A determination letter from the Internal Revenue Service certifying that the ap plicant is an organization exempt under federal tax law;
(E) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under the tax laws of this state;
(F) The location at which the applicant will conduct the raffles and, if the premises on which he raffles are to be conducted is to be leased, a copy of the lease or rental agreement; and
(G) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in subparagraphs (A), (B), and (C) of this paragraph.
(3) The sheriff shall refuse to grant a raffle license to any applicant who fails to provide fully the information required by this Code section.
(4) When a nonprofit, tax-exempt organization which operates or intends to operate raffles for residents and patients of a retirement home, nursing home, or hospital oper ated by that organization at which gross receipts are or will be limited to $100.00 or less during each raffle and pays or will pay prizes having a value of $100.00 or less during each raffle, then, notwithstanding any other provision of this Code section or any rule or regulation promulgated by the sheriff pursuant to the provisions of subsec tion (1) of this Code section, neither the applicant nor any of the persons whose names

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JOURNAL OF THE SENATE

and addresses are required under subparagraphs (A) and (B) of paragraph (1) of this subsection shall be required to submit or provide fingerprints or photographs as a con dition of being granted a license.
(eXl) The sheriff shall have the specific authority to suspend or revoke any license for any violation of this Code section. Any licensee accused of violating any provision of this Code section shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(2) By making application for a license under this Code section, every applicant con sents that the sheriff, as well as any of his agents, together with any prosecuting attor ney, as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a raffle for the purpose of examining the accounts and records of the licensee to determine if a violation of this Code section has occurred.
(f) The sheriff shall, upon the request of any prosecuting attorney or such prosecuting attorney's designee, certify the status of any organization as to that organization's ex emption from payment of state income taxes as a nonprofit organization. The sheriff shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a raffle. Such certificates properly executed shall be admissible in evidence in any prosecution, and Code Section 48-7-60, relative to the dis closure of income tax information, shall not apply to the furnishing of such certificate.
(g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiving written application therefor, shall be authorized to issue a special limited license to a nonprofit, tax-exempt organization which will allow it to operate up to three raffles dur ing a calendar year. Each such single raffle shall be conducted in its entirety during a period not to exceed 30 days. In such cases, the sheriff shall waive the license fee pro vided for in subsection (d) of this Code section and the annual report provided for in subsection (j) of this Code section.
(h) Raffles shall be operated only on premises owned by the nonprofit, tax-exempt organi zation operating the raffle, on property leased by the nonprofit, tax-exempt organization and used regularly by that organization for purposes other than the operation of a raffle, or on property leased by the nonprofit, tax-exempt organization operating the raffle from another nonprofit, tax-exempt organization.
(i) No person under the age of 18 years shall be permitted to play any raffle conducted pursuant to any license issued under this Code section unless accompanied by an adult.
(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expendi tures relating to the operation of raffles in the previous year. The report shall be in addi tion to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.
(k)(l) A licensee that conducts or operates a raffle shall maintain the following records for at least three years from the date on which the raffle is conducted:
(A) An itemized list of the gross receipts for each raffle;
(B) An itemized list of all expenses other than prizes that are incurred in the con ducting of the raffle as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses;
(C) A list of all prizes awarded during the raffle and the name and address of all persons who are winners of prizes of $50.00 or more in value;
(D) An itemized list of the recipients other than the licensee of the proceeds of the raffle, including the name and address of each recipient to whom such funds are distributed; and

WEDNESDAY, MARCH 15, 1995

1891

(E) A record of the number of persons who participate in any raffle conducted by the licensee.
(2) A licensee shall:
(A) Own all the equipment used to conduct a raffle or lease such equipment from an organization that is also licensed to conduct a raffle;
(B) Display its raffle license conspicuously at the location where the raffle is conducted;
(C) Conduct raffles only as specified in the licensee's application; and
(D) Not conduct more than one raffle during any one calendar day.
(3) No nonprofit, tax-exempt organization shall enter into any contract with any indi vidual, firm, association, or corporation to have such individual, firm, association, or corporation operate raffles or concessions on behalf of the nonprofit, tax-exempt organization.
(4) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or adver tising of a raffle in which said nonprofit, tax-exempt organization is not directly and solely operating the raffle.
(5) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a raffle.
(6) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the raffle operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of raffles regardless of whether such person assists both organizations in the same day.
(1) The sheriff is authorized to promulgate rules and regulations which the sheriff deems necessary for the proper administration and enforcement of this Code section which are not in conflict with any provision of this Code section.
(m) Any person who operates a raffle without a valid license issued by the sheriff as provided in this Code section commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a raffle for which a license has not been obtained as provided in this Code section similarly commits the offense of commercial gambling. Any person who violates any other provision of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senators Henson of the 55th, Starr of the 44th, Johnson of the 1st and others offered the following amendment:
Amend the Senate Committee on Consumer Affairs substitute to HB 456 by striking from lines 31 through 33 of page 2 the following:
"or nonprofit organizations which could qualify under Section 501(c) of the Internal Reve nue Code, as amended",

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JOURNAL OF THE SENATE

and inserting in its place the following:
"; nonprofit organizations qualified under Section 50 He) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff'.
By striking from lines 1 and 2 of page 3 the following:
"or nonprofit organizations which could qualify under Section 501(c) of the Internal Reve nue Code, as amended.",
and inserting in its place the following:
"; nonprofit organizations qualified under Section 50 He) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff."
On the adoption of the amendment, the yeas were 40, nays 0, and the Henson, 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 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 Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Perdue Taylor

Thompson 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.

SR 321. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution providing for the placement of a portrait of the Honorable Leroy R. Johnson in the Capitol.

Senator Balfour of the 9th moved that SR 321 be placed on the Table.

WEDNESDAY, MARCH 15, 1995

1893

On the motion, the yeas were 36, nays 2; the motion prevailed, and SR 321 was placed on the Table.
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.
Senate Sponsor: Senator Farrow of the 54th.
The Senate Committee on Judiciary offered the following substitute to HB 409:
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 specify the conditions under which a pursuing law enforcement officer may be found to have contributed to the causation of damages, injury, or death caused by a fleeing suspect; to change certain penalty provisions applicable to the offense of fleeing or attempting to elude a police officer; to provide for the mandatory nature of certain penalty provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-6-6, relating to the operation of au thorized emergency vehicles and law enforcement vehicles, and inserting in lieu thereof a new Code Section 40-6-6 to read as follows:
"40-6-6.
(a) The driver of an authorized emergency vehicle or law enforcement vehicle, when re sponding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section.
(b) The driver of an authorized emergency vehicle or law enforcement vehicle may:
(1) Park or stand, irrespective of the provisions of this chapter;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle.
(d)(l) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.

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(2) When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or Ells any person during the pursuit, the law enforcement officer's pursuit shall not be th"e proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with negligent oTsregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Where such negligent disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such negligent disregard shall not in and of itself establish causation?
(3) The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law.
(e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section."
SECTION 2.
Said title is further amended by striking in its entirety subsection (b) of Code Section 40-6395, relating to the offense of fleeing or attempting to elude a police officer, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and:
(A) Upon conviction shall be fined not less than $000.00 $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation or and im prisoned for up to 12 months, or both not less than ten days nor more than 12 months. Any period of such imprisonment in excess often days may, in the sole discretion of the judge, be suspended, stayed, or probated;
(B) Upon the second conviction within a five-yeai ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $000.00 $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspen sion, stay, or probation or and imprisoned for up lu 12 uiuiiths, or both not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such Cve-.yeai1 ten-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a five-.yeai1 ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $1,000.00 $2,500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation or and imprisoned for up tu 12 months, or both not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-yeai ten-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction.
(3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection.

WEDNESDAY, MARCH 15, 1995

1895

(4) 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 sub section upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection.
(5)(A) Any person violating the provisions of subsection (a) of this Code section and; who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for a felony offense other than a violation of this chapter^ operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which" place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a misdemeanor of a high and aggravated nature felony punishable by a fine of $5,000.00 and imprisonment for not less than one year nor more than five years.
(B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deterred, or~withheld, and the charge shall not be reduced to a lesser oft'ense, merged with any other offense, or served concurrently with any other ott'ense.'1

SECTION 3.

This Act shall become effective on May 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 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 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:

Harbison

Isakson

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.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Thomas of the 10th.
Senator James of the 35th offered the following amendment:
Amend HB 214 by adding on line 5 on page 1 immediately following "employees;" the following:
"to amend Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit system, so as to prohibit certain wage incentive payments;".
By adding between lines 26 and 27 on page 1 the following:

SECTION 1A.

Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit system, is amended by adding at the end the following:
"45-20-18. Any state employee who commits a validated act of abuse towards a member of the public while performing employment duties shall not be eligible for any wage in centive payment during the period such act occurred."
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 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 Thompson Turner Tysinger

Those not voting were Senators:

Cheeks

Oliver

Walker

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

WEDNESDAY, MARCH 15, 1995

1897

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.
Senate Sponsor: Senator Glanton of the 34th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 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 Turner Tysinger

Those not voting were Senators:

Black Edge

Hill



Newbill

Walker

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

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.
Senate Sponsor: Senator Hill of the 4th.

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

1898

JOURNAL OF THE SENATE

Cagle Cheeks Clay Crotts Day Dean Edge
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 Scott Slotin Starr
Stokes Tanksley Taylor Thomas
Thompson
Turner Tysinger

Those not voting were Senators:

Egan Hooks

Ragan

Walker

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

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.
Senate Sponsor: Senator Oliver of the 42nd.
Senator Oliver of the 42nd moved that HR 122 be placed on the Table. On the motion, the yeas were 40, nays 0; the motion prevailed, and HR 122 was placed on the Table.

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.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Committee on Finance and Public Utilities offered the following substitute to HB 662:
A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that 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; to provide certain restrictions on such investment; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 15, 1995

1899

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-31, relating to the investment au thority of the board of trustees of the Employees' Retirement System of Georgia, and in serting in lieu thereof the following:
"47-2-31.
(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securi ties and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system;; provided, however, that:
(1) Such strch power shall be subject to all terms, conditions, limitations, and restric tions imposed by the laws of this state upon domestic life insurance companies in mak ing and disposing of their investments, except that the board of trustees may 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; provided, however, that the board shall not invest more than 10 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Can ada; and provided, further, that the
(2) The board of trustees shall not invest more than 50 percent of retirement system assets in equities.
(b) The board of trustees is authorized to employ agents, including, but not limited to, Banks or trust departments, and to contract with such agents for their services as invest ment advisors and counselors who will make recommendations for investments and make investments, if the board of trustees so authorizes.
SECTION 2.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-327, relating to the investment authority of the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, condi tions, limitations, and restrictions imposed by the laws of this state upon domestic life insurers in the making and disposing of their investments, except that the board of trust ees may 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; provided, however, that the board shall not invest more than 10 percent of the investment portfolio in corpo rations or in obligations of corporations organized in a country other than the United States or Canada. No more than 50 percent of retirement system assets may be invested in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisors and make invest ments if the board of trustees so authorizes."

1900

JOURNAL OF THE SENATE

SECTION 3.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-426, relating to the investment authority of the board of trustees of the Public School Em ployees Retirement System, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, ex cept that the board of trustees may invest in corporations or in obligations of corpora tions 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; provided, however, that the board shall not invest more than 10 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. The board may not invest more than 50 percent of such funds in equities. Subject to such terms, conditions, limitations, and re strictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 47-8-4, relating to the power of the board of trustees of the Superior Court Judges Retirement Fund of Georgia to invest moneys of the fund, and inserting in lieu thereof the following:
"47-8-4.
The trustees of this fund shall have authority to invest any of the moneys received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested in any investments which are legal iiivesUueiiLt. uf tiubt
LLL11UO UliUC
SECTION 5.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-9-23, relating to the investment authority of the board of trustees of the Superior Court Judges Retirement System, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, ex cept that the board of trustees may invest in corporations or in obligations of corpora tions 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; provided, however, that the board shall not invest more than 10 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limi tations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 6.
Said title is further amended by striking in its entirety subsection (b) of Code Section 4710-23, relating to the investment authority of the board of trustees of the Trial Judges and Solicitors Retirement Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments, except

WEDNESDAY, MARCH 15, 1995

1901

that the board of trustees may 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 mil lion; provided, however, that the board shall not invest more than 10 percent of the in vestment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are in vested, including the proceeds of any investments and any money belonging to the fund."

SECTION 7.

Said title is further amended by striking in its entirety Code Section 47-12-23, relating to the power of the board of trustees of the District Attorneys Retirement Fund of Georgia to invest money of the fund, and inserting in lieu thereof the following:
"47-12-23.

The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested in- aiiy investments which am legal mveblmeuls uf tm&t fuiids
tillQ61 triti itWS 01 tfliS SLiitc,

SECTION 8.

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-13-24, relating to the investment authority of the board of trustees of the District Attor neys' Retirement Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, ex cept that the board of trustees may invest in corporations or in obligations of corpora tions 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; provided, however, that the board shall not invest more than 10 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limi tations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

SECTION 9.

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

Senators Turner of the 8th and Gillis of the 20th offered the following amendment:
Amend the committee substitute to HB 662 by striking the number "10" on lines 2 and 32 on page 2; line 17 on page 3; lines 17 and 42 on page 4; and line 36 on page 5 and inserting in lieu thereof the number "5".

On the adoption of the amendment, Senator Starr of the 44th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th Cagle

Crotts Dean Edge Egan Farrow

Gillis Glanton Gochenour Harbison Hooks

1902

JOURNAL OF THE SENATE

Isakson Johnson of 2nd Johnson of 1st Land Madden

Middleton Newbill Oliver Ralston Slotin

Those voting in the negative were Senators:

Blitch Bowen
Brown of 26th Burton Clay
Day Griffin Guhl

Henson Hill
James Kemp Langford
Marable McGuire Perdue

Stokes Thomas Turner Tysinger
Pollard Ragan Ray Scott Starr Tanksley Taylor Thompson

Those not voting were Senators:

Black

Cheeks

Walker

On the adoption of the amendment, the yeas were 29, nays 24, and the Turner and Ray amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Abernathy
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 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 Turner Tysinger

Voting in the negative were Senators Farrow and Newbill.

Not voting was Senator Walker.

On the passage of the bill, the yeas were 53, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

WEDNESDAY, MARCH 15, 1995

1903

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.
Senate Sponsor: Senator Newbill of the 56th.

Senator Newbill of the 56th moved that HB 677 be placed on the Table.
On the motion, the yeas were 46, nays 1; the motion prevailed, and HB 677 was placed on the Table.

SR 322. By Senators Abernathy of the 38th, Thomas of the 10th and James of the 35th:
A resolution creating the Senate Advisory Commission to the City of Atlanta on Freaknik.
Senator Abernathy of the 38th moved that SR 322 be placed on the Table. On the motion, the yeas were 43, nays 0; the motion prevailed, and SR 322 was placed on the Table.

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.
Senate Sponsor: Senator Glanton of the 34th.

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

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

Those voting in the affirmative were Senators:

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 Johnson of 1st Kemp Land Langford Madden Marable

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

1904

JOURNAL OF THE SENATE

Those not voting were Senators:

Crotts Egan

Ralston Scott

Turner Walker

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

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.
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
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 Slotin Stokes Tanksley Taylor Thomas Thompson Tysinger

Those not voting were Senators:

Egan Hill Ralston

Scott Starr

Turner Walker

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

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

Senator Perdue of the 18th moved that all remaining bills and resolutions on the Rules Calendar for today be laid on the Table.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the following Cal endar bills and resolutions were laid on the Table:

HB 87 SR 264 SR 86

SR 204 SR 242 HR 291

HR 231 HR 335

SR 254 SR 265

HB 641 HB 340

HB 717 HR 79

WEDNESDAY, MARCH 15, 1995

1905

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment which the Chair ruled not ger mane to the following bill of the House:

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.

The House has agreed to the Senate amendments, as amended by House, to the follow ing bill of the House:

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".

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 72 as follows: Page 10, line 20: change "9" to "19"; page 10, after line 39, add new subsection (e) as follows:
Nothing in this Code section shall prevent parents from entering into an agreement for the provision of life insurance that differs from or exceeds the terms of this Code section.
Senator Pollard of the 24th moved that the Senate agree to the House amendment to the Senate substitute.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

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

Crotts Day Edge Egan Farrow Gillis

1906

JOURNAL OF THE SENATE

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

Those not voting were Senators:

Dean

Scott

Walker

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 72.

The following bill was taken up to consider House action thereto:

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.
Senator Farrow of the 54th moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 38 and appoint a Conference Committee.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Starr of the 44th, Perdue of the 18th and Edge of the 28th.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 create the Georgia Institute for Community Business Devel opment; 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; to assign the institute to the Board

WEDNESDAY, MARCH 15, 1995

1907

of Regents of the University System of Georgia for administrative purposes only; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 29 to read as follows:
"CHAPTER 29
50-29-1.
As used in this chapter, the term:
(1) "Director" means the director of the Georgia Institute for Community Business Devel opment as created under this chapter.
(2) 'Institute' means the Georgia Institute for Community Business Development as cre ated under this chapter.
(3) "Undeveloped and economically distressed communities' and 'limited resource commu nities' shall be defined by the University of Georgia Selig Center for Economic Studies in conjunction with the institute's board of directors using standard financial and economic data collected by federal and state agencies. 50-29-2.
There is created and established the Georgia Institute for Community Business Develop ment of the State of Georgia. 50-29-3.
The purposes for which the institute is founded shall include the following:
(1) To promote, stimulate, develop, and advance economic growth in undeveloped and economically distressed communities throughout the state and thereby promote, stimu late, develop, and advance the business, prosperity, and economic welfare of the entire state;
(2) To encourage, assist, and facilitate the development and creation of small business and industry in this state, including community based small businesses, and to strengthen and assist existing small business and industry in limited resource communi ties and undeveloped and economically distressed communities;
(3) To stimulate and assist in the expansion of community based small business activity which will tend to promote small business development and maintain the economic sta bility of the state;
(4) To enhance and promote opportunities for employment and business expansion in undeveloped and economically distressed communities and limited resource communities to improve the standard of living of the citizens of this state;
(5) To lend technical assistance at the state level to the existing network of community based economic development entities throughout the state;
(6) To cooperate and act in conjunction with other organizations, public or private, in the promotion of industrial, commercial, agricultural, and recreational small business devel opments in this state; and
(7) To identify resources and incentives for the promotion, development, and conduct of all kinds of community based small business activity and community based economic development activities in the state.

1908

JOURNAL OF THE SENATE

50-29-4.
In furtherance of its purposes, the institute shall have the following powers:
(1) To provide technical advice and assistance for both public and private sources of contract opportunities for community based small businesses;
(2) To identify and coordinate partnerships between private enterprise, government, and community based groups and businesses to facilitate community revitalization ef forts in undeveloped and economically distressed communities and limited resource communities;
(3) To assist the Governor's Development Council and regional development centers throughout the state in developing multi-year plans for economic and small business development initiatives for undeveloped and economically distressed communities lim ited resource communities, and the poorest regions of this state;
(4) To work with existing rural economic development entities to expand and coordi nate community empowerment efforts;
(5) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the institute or to further the public pur poses for which it was created;
(6) To apply for and to accept any gifts, bequests, or grants or loan guarantees 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 instrumen tality thereof or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(7) To contract with state agencies or any local government for the use by the institute of any property, facilities, or services of the state or any such state agency or local government; and
(8) To do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-5.
(a) The institute shall be under the direction and supervision of a board of directors to be composed of four members appointed by the chancellor of the University System of Georgia, who shall be presidents of university system institutions, three members appointed by the Speaker of the House of Representatives, three members appointed by the President of the Senate, and three members appointed by the Governor. There shall be a director of the institute who shall be appointed and removed by the board of directors upon recommenda tion by the Governor. The institute shall set the salary of the director.
(b) Members of the institute shall not be entitled to compensation for the duties they per form as members of the institute. Each member shall, however, be entitled to reimburse ment for travel and other necessary expenses incurred in the performance of official duties.
(c) The director shall have the following powers and duties:
(1) To maintain such offices within the state as the director and institute may deem necessary;
(2) To appoint assistants, clerks, and other employees as the director may deem neces sary and to fix their compensation;
(3) To cooperate with individuals and with state, local, and other agencies, both public and private, and to obtain upon request and utilize the services of all governmental de partments and agencies;
(4) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury;

WEDNESDAY, MARCH 15, 1995

1909

(5) To furnish technical advice and assistance with respect to community economic devel opment to further the purposes of this chapter;
(6) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this chapter;
(7) To act as a liaison between community based groups, small and minority businesses, government agencies, community development corporations, and the private sector; and
(8) To require from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this chapter.
50-29-6.
(a) The institute shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books together with the proper statement of the institute's financial position once a year to the state auditor and quarterly to the Board of Regents of the University System of Georgia.
(b) The institute shall be assigned to the Board of Regents of the University System of Georgia for administrative purposes only, pursuant to Code Section 50-4-3."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 2nd moved that the Senate agree to the House substitute to SB 404.
Senator Broun of the 46th moved that the Senate disagree to the House substitute to SB 404.
The motion to agree takes precedence.

On the motion to agree to the House substitute to SB 404, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Brown of 26th Dean Gillis Griffin Harbison
Henson

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

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Walker

Those voting in the negative were Senators:

Balfour Black Broun of 46th Burton Cagle Cheeks Crotts Day

Edge Egan Farrow Glanton Gochenour Guhl Land McGuire

Middleton Newbill Ralston Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Clay Isakson

Johnson of 1st Marable

Pollard

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JOURNAL OF THE SENATE

On the motion, the yeas were 28, nays 23, and the motion was lost.
Senator Scott of the 36th moved that the Senate reconsider its action in failing to agree to the House substitute to SB 404.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th Brown of 26th Burton Dean Farrow 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
Walker

Those voting in the negative were Senators:

Balfour Black Cagle Crotts Day Edge

Egan Glanton Gochenour Guhl Land

McGuire Newbill Ralston Tanksley Tysinger

Those not voting were Senators:

Bowen Cheeks Clay

Gillis Isakson Johnson of 1st

Pollard Turner

On the motion, the yeas were 32, nays 16; the motion prevailed, and the Senate recon sidered its action on SB 404.
Senator Johnson of the 2nd moved that the Senate agree to the House substitute to SB 404.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Brown of 26th Dean Farrow 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 Walker

Those voting in the negative were Senators:

Balfour Black Broun of 46th Cagle
Clay Crotts

Day Edge Egan Glanton
Gochenour Guhl

Land McGuire Newbill Ralston
Tanksley Tysinger

WEDNESDAY, MARCH 15, 1995

1911

Those not voting were Senators:

Bowen Burton Cheeks

Gillis Isakson Johnson of 1st

Pollard Turner

On the motion, the yeas were 30, nays 18; the motion prevailed, and the Senate agreed to the House substitute to SB 404.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively change the provisions relating to the use of radar speed detection devices; to provide for limitations on the use of radar speed detection devices by county, municipal, and campus law enforcement officers on roads in the system of national interstate and defense highways; to change the administration of the issuance and revocation of permits for radar speed detection devices from the commis sioner of public safety and Department of Public Safety to the executive director of the Georgia Peace Officer Standards and Training Council and such council; to change the pro visions relating to the suspension or revocation of the driver's license of a habitually negli gent or dangerous driver; to provide additional definitions; to change the provisions relating to the permit required for use of radar speed detection devices; to change the provi sions relating to application for a permit to operate a radar speed detection device; to pro vide for rules of the Georgia Peace Officer Standards and Training Council for the administration of this Act; to change the provisions relating to certification of radar speed detection devices; to change the provisions relating to investigations of complaints concern ing the use of such devices; to change the provisions relating to the right of an administra tive hearing upon permit suspension or revocation; to change the provisions relating to administrative and judicial appeal of a decision suspending or revoking a permit; to change the provisions relating to a petition for reconsideration following permit suspension or rev ocation; to change the provisions relating to a rehearing or restoration of a permit at the direction of the Governor; 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 change the definition of the term "speed detection device"; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-5-57,

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relating to the suspension or revocation of the driver's license of a habitually negligent or dangerous driver, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Any points assessed against an individual for exceeding the speed limit shall be de ducted from that individual's accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual's record if:
(A) The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the couimisMuuei1 executive director of the Georgia Peace Officer Standards and Training Council has determined that such county or municipality was operating a radar speed detection device in violation of Chap ter 14 of this title, relating to the use of radar speed detection devices; and
(B) The commissioner executive director of the Georgia Peace Officer Standards and Training Council has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Code Section 40-14-11."
SECTION 2.
Said title is further amended by striking in its entirety Chapter 14, relating to the use of radar speed detection devices, and inserting in lieu thereof a new Chapter 14 to read as follows:
"CHAPTER 14
40-14-1.
As used in this chapter, the term:
(1) 'Campus' means the grounds owned or occupied by a college or university.
(2) 'Campus law enforcement agency' means the campus agency charged with the en forcement of the laws of this state.
(3) 'College or university' means an accredited public or private educational institution of higher learning.
(4) 'Council' means the Georgia Peace Officer Standards and Training Council estab lished in Code Section 35-8-3.
(5) 'Executive director' means the executive director of the Georgia Peace Officer Stan dards and Training Council provided for in Code Section 35-8-6.
(4X6) 'Speed detection device" means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name Vascar' or any simi lar device operating under the same or similar principle and any devices for the mea surement of speed or velocity based upon the principle of radar. All such devices must meet or exceed the minimum performance specifications established by the Depart ment of Public Safety council.
40-14-2.
(a) The law enforcement officers of the various counties, municipalities, colleges, and uni versities may use speed detection devices only if the governing authorities of such coun ties and municipalities or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Depai linent uf Public Safety council for a permit to use such devices in accordance with this chapter.
(b) No county, municipality, college, or university shall be authorized to use speed detec tion devices where any arresting officer or official of the court having jurisdiction of traf fic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.

WEDNESDAY, MARCH 15, 1995

1913

40-14-3.
(a) The governing authority of any county or municipality and the president of a college or university may apply to the Derailment uf Public Safety council for a permit to au thorize the use of speed detection devices for purposes of traffic control within such coun ties, municipalities, colleges, or universities on streets, roads, and highways, provided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Division Office of Traffic Engineering and Safely Operations of the Department of Transportation.
(b) The Department uf Public, Safely council is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the applicants.
(c) All Board of Public Safety rules currently in effect regarding radar speed detection devices shall be considered and deemed rules of the Georgia Peace Officer Standards and Training Council and shall have the same force and eft'ect as if they had been enacted by the Georgia Peace Officer Standards and Training Council until such rules are amended or repealed by the Georgia Peace Officer Standards and Training Council.
40-14-4.
No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communica tions Commission rules, and unless each device, before being placed in service and annu ally after being placed in service, is certified for compliance by a technician possessing a certification as required by the Department of Public Safely council.
40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the device that the person has a right to request the officer to test the device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the device for accuracy. In the event the device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
40-14-6.
Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this Code section.

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40-14-7.
No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8.
(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be consid ered residential districts.
40-14-9.
Evidence obtained by county or municipal law enforcement officers in using speed detec tion devices within 300 feet of a reduction of a speed limit inside an incorporated munici pality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prose cution of a violation of any municipal ordinance, county ordinance, or state law regulat ing speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any road in this state which is a part of the system of national interstate and defense highways where the maximum speed limit is 55 miles per hour.
40-14-10.
It shall be unlawful for radar speed detection devices to be used in any county or munici pality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any official of such county, municipality, college, or university to order such radar speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such radar speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor.
40-14-11.
Upon a complaint being made to the commissioner of public safety executive director that any county, municipality, college, or university is employing radar speed detection de vices for purposes other than the promotion of the public health, welfare, and safety, the cuiuuiihsioner executive director or his or her designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to radar speed detection devices. If, as a result of this investi gation, the cummiihiuuei executive director or his or her designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
40-14-12.
Upon issuance by the couiniissioiiei of public safety executive director of an order sus pending or revoking the radar speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be

WEDNESDAY, MARCH 15, 1995

1915

afforded a hearing, to be held within ten days of the effective date of the order. The hear ing shall be held before the commissioner 01 deputy couiiiiissiouBi of public safely execu tive director and following the hearing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated.
40-14-13.
Any county, municipality, college, or university aggrieved by a decision of the comaiihsioner 01 deputy commihMuuei of publk safety executive director suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Board uf Public Safety council, which shall schedule a hearing with respect thereto before the board council. Following a hearing before the board council, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be re instated. An adverse decision of the board council may be appealed by the county, munic ipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of the radar speed detection device until after such appeal is decided by the court.
40-14-14.
At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Doeud of Public Safety council or, if no appeal was taken, by the commisskmei ui deputy commissioner of public safety executive director, the gov erning authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commi&siuuei' executive director, petition the commissioner executive director for a reconsideration of whether such county, municipality, college, or university should be permitted to use ra dar speed detection devices within their respective jurisdictions.
40-14-15.
The Governor, in his or her discretion, may direct the commissioner of public safety exec utive director, or his or her delegate, to inquire into such change of circumstances and report the same to him or her together with any recommendations he or she might have. The Governor, in his or her discretion, may order a new hearing on the matter before the Board of Public Safety council or may, without hearing, issue his or her order directing the commishiunei1 executive director to grant a permit to such a county, municipality, college, or university to use speed detection devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months.
40-14-16.
No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Public Safety for the purpose of sus pending or revoking the driver's license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator."
SECTION 3.
Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions appli cable to the "Georgia Peace Officer Standards and Training Act," is amended by striking paragraph (11) in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows:
"(11) 'Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler principle of radio

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JOURNAL OF THE SENATE

detection and ranging and commonly marketed under the name 'radar,' or any similar device operating under the same or similar principle, which device is approved by the Department of Public Oafely Georgia Peace officer Standards and Training Council for the measurement of speed, including any device for the measurement of speed or velocity based upon the principle of radar."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate disagree to the House substitute to SB 320.
On the motion, the yeas were 36, nays 0: the motion prevailed, and the Senate dis agreed to the House substitute to SB 320.
Senator Perdue of the 18th moved that the Senate stand in recess until 12:00 mid night, then pursuant to HR 601 adjourn until 10:00 A.M. Friday, March 17, 1995; the Pres ident announced that the motion prevailed at 10:50 P.M.

FRIDAY, MARCH 17, 1995

1917

Senate Chamber, Atlanta, Georgia Friday, March 17, 1995 Fortieth 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 Dean of the 31st reported that the Journal of Wednesday, March 15, 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 agreed to the Senate amendments to the following bills and resolution of the House:
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.
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.
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.
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 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.

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JOURNAL OF THE SENATE

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 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.
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 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.
HR 535. By Representative Twiggs of the 8th:
A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.

FRIDAY, MARCH 17, 1995

1919

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 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 sheriff's chief deputy, the chief investigator, and the executive assistant.
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 1018. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
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.
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.

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JOURNAL OF THE SENATE

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 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 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 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 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th, Banner 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 agreed to the Senate amendments to the following bills of the House:
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 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.

FRIDAY, MARCH 17, 1995

1921

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.

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 345. By Senators Abernathy of the 38th, Scott of the 36th, James of the 35th and others:
A resolution expressing the intent of the Senate to change certain requirements relative to the level of allowable phosphorus discharged into a certain stretch of the Chattahoochee River.

Referred to Committee on Natural Resources.

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

Mr. President:

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

SR 334. Do pass.

HR 242. Do pass.

SR 333. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 738. Do pass.

HB 1038. Do pass.

HB 805. Do pass.

HB 1039. Do pass.

HB 985. Do pass as amended.

HB 1040. Do pass.

HB 996. Do pass.

HB 1041. Do pass.

HB 1008. Do pass.

HB 1043. Do pass.

HB 1010. Do pass. HB 1011. Do pass. HB 1013. Do pass as amended. HB 1016. Do pass by substitute. HB 1037. Do pass.

HB 1044. Do pass. HB 1050. Do pass. HB 1051. Do pass. HB 1052. Do pass. HB 1053. Do pass.

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

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JOURNAL OF THE SENATE

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Black Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hooks Isakson James Johnson of 2nd Kemp Land Langford
Madden

McGuire Middleton Perdue Pollard Ragan Scott Slotin Starr Stokes Tanksley Thomas Tysinger

Those not answering were Senators:

Abernathy Balfour Blitch Bowen Broun of 46th Day

Edge Hill Johnson of 1st Marable Newbill Oliver

Ralston Ray (presiding) Taylor Thompson Turner Walker

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

The following communication was received by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
March 17, 1995

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

Dear Frank:
Please excuse me from answering roll call on Wednesday, March 15, and Friday, March 17. On Wednesday I was in House Rules, and on Friday I was in a conference com mittee. Thank you!
Sincerely yours, Isl Sallie Newbill

The following resolutions were put upon their adoption:

SR 333. By Senator Tysinger of the 41st:
A resolution creating the Senate Mathematics and Science Residence School Study Committee.
The Senate Committee on Rules offered the following amendment: Amend SR 333 by striking on line 33 on page 1 the word "eight" and inserting in lieu thereof the word "five".
The Rules Committee amendment to SR 333 was adopted.

FRIDAY, MARCH 17, 1995

1923

The resolution was adopted as amended.
SR 334. By Senators Gillis of the 20th, Starr of the 44th, Dean of the 31st and others: A resolution creating the Senate Atlanta Motor Speedway Traffic Study Com mittee.
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.
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".
The resolutions were adopted. The following resolutions were read and adopted:
SR 344. By Senators Boshears of the 6th, Gillis of the 20th and Blitch of the 7th: A resolution expressing condolences on the passing of Mr. Robert N. "Bobby" Howard.
SR 346. By Senator Abernathy of the 38th: A resolution commending Dr. Roy Charles Bell.
SR 347. By Senator Broun of the 46th: A resolution recognizing the Cedar Shoals High School Academic Decathlon team.
SR 348. By Senators Gillis of the 20th and Ray of the 19th: A resolution expressing regret at the passing of Mr. Beverly B. Hayes, Jr.
SR 349. By Senator Abernathy of the 38th: A resolution urging the Georgia Department of Children and Youth Services not to construct a boot camp or to expand the facilities of the Lorenzo Benn Youth Development Center on certain property within the City of Atlanta.
SR 350. By Senators Hill of the 4th, Perdue of the 18th, Cagle of the 49th and others: A resolution commending the University System of Georgia Outstanding Schol ars on Academic Recognition Day.
SR 351. By Senator Abernathy of the 38th: A resolution commending Albert M. Davis, M.D.
SR 352. By Senator Abernathy of the 38th: A resolution commending Dr. James Ellison.

1924

JOURNAL OF THE SENATE

SR 353. By Senator Abernathy of the 38th: A resolution commending Otis W. Smith, M.D.
SR 354. By Senators Henson of the 55th and Stokes of the 43rd. A resolution recognizing and commending Columbia High School.
SR 355. By Senator Thomas of the 10th: A resolution recognizing the Saudis Presbyterian Church on the occasion of its 30th Men's Day Service.
SR 356. By Senator Cheeks of the 23rd: A resolution recognizing and commending Major Carl Lathrop, Captain John Woodard, Sergeant Genaro Sanchez, Detective John Drummond, and the Zone 5 Field Investigation Team of the Atlanta Police Department.
SR 357. By Senator Balfour of the 9th: A resolution commending the South Gwinnett High School Mock Trial Team.
SR 358. By Senators Ragan of the llth, Guhl of the 45th, Middleton of the 50th and others: A resolution recognizing and commending Dr. Gale A. Buchanan.
SR 359. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Ronald Lowe.
SR 360. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Michael Harbour.
SR 361. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing International Longshoremen's Association Local 1414.
SR 362. By Senators Gillis of the 20th, Dean of the 31st, Harbison of the 15th and others: 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.
SR 363. By Senators Johnson of the 2nd, James of the 35th, Scott of the 36th and others: A resolution recognizing and commending the community outreach activities of the Georgia Legislative Black Caucus.
SR 364. By Senators Johnson of the 2nd, James of the 35th, Scott of the 36th and others: A resolution recognizing and commending Aundre Branson.

FRIDAY, MARCH 17, 1995

1925

The following bill was taken up to consider House action thereto:

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.
Senator Henson of the 55th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate, the following:
Senators Egan of the 40th, Stokes of the 43rd and Henson of the 55th. The President assumed the Chair.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend SB 241 by adding on line 3 of page 2 immediately following the word "purchasing" the word "agent".

Senator Egan of the 40th moved that the Senate agree to the House amendment to SB 241.

On the motion, 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 Crotts Day Dean Edge Egan Farrow
Gillis

Glanton
Gochenour Griffin
Guhl
Harbison Henson
Hill Isakson James
Johnson of 2nd 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:

Blitch Clay
Hooks

Johnson of 1st Kemp

Taylor Walker

1926

JOURNAL OF THE SENATE

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 241.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 54 by striking lines 5 through 10 on page 4 and inserting in lieu thereof the following:
"(1) A mechanism for declaring the charter null and void if over two thirds a majority of the faculty, ami instructional staff of the school, and parents present at a meeting called for the purpose of deciding whether to declare thlTcharter null and void request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter;".
By striking lines 17 and 18 on page 4 and inserting in lieu thereof the following:
"over twu thirds a majority of the faculty, and instructional staff, and parents present at a meeting called for the purpose of deciding whether to update the terms of the charter, based upon the yearly progress".
By striking line 2 on page 5 and inserting in lieu thereof the following:
"majority of the faculty, and instructional staff, and parents present at a meeting called for the purpose of deciding whether to renew the charter."
Senator Middleton of the 50th moved that the Senate agree to the House amendment to SB 54.

On the motion, 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 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 Marable McGuire

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

Voting in the negative was Senator Glanton.

FRIDAY, MARCH 17, 1995

1927

Those not voting were Senators:

Balfour Black Cheeks

Clay Oliver

Perdue Walker

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 54.
Senator Ray of the 19th, President Pro Tempore, resumed the Chair.
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, March 17, 1995 FORTIETH LEGISLATIVE DAY

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

HB 738 Taylor, 12th CITY OF LUMPKIN
Amend an Act to change the corporate limits of the city and for other purposes.

HB 805 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
An Act to designate the board as the Augusta-Richmond County CommissionCouncil and the members of the board as commissioners-councilpersons.

*HB 985 Thompson, 33rd Clay, 37th Tanksley, 32nd Abernathy, 38th COBB JUDICIAL CIRCUIT
Amend an Act to change the number of investigators and the number of assis tant district attorneys the district attorney is authorized to appoint. (AMEND MENT)

HB 996 Thompson, 33rd Clay, 37th Isakson, 21st Tanksley, 32nd Abernathy, 38th COBB COUNTY
Amend an Act to increase the compensation of the solicitor.

HB 1008 Langford, 29th PIKE COUNTY
Amend an Act to provide for nonpartisan primaries and elections for members of the board of education of Pike County.

1928

JOURNAL OF THE SENATE

HB 1010 Langford, 29th PIKE COUNTY
Amend an Act to change the compensation of the chairman and members of the board of commissioners.
HB 1011 Langford, 29th PIKE COUNTY
Amend an Act to change the compensation of the members of such board and for other purposes.
*HB 1013 Henson, 55th Oliver, 42nd Stokes, 43rd Thomas, 10th DEKALB COUNTY
Amend an Act to change the compensation of and provisions relating to the chief executive officer of DeKalb County and members of the board and for other pur poses. (AMENDMENT)
*HB 1016 Crotts, 17th HENRY COUNTY
Amend an Act to provide for designated posts for such members; to provide for vacancies and other purposes of the Henry County Development Authority. (SUBSTITUTE)
HB 1037 Griffin, 25th JONES COUNTY
An Act to create a board of elections and registration for Jones County and for other purposes.
HB 1038 Gochenour, 27th MONROE COUNTY
Amend an Act to provide certain restrictions on the transfer of ownership or operation of a certain county landfill and for other purposes.
HB 1039 Dean, 31st CITY OF BUCHANAN/HARALSON COUNTY
Amend an Act to annex certain territory into the city and change the corporate limits of the city and for other purposes.
HB 1040 Middleton, 50th WHITE COUNTY
Amend an Act to re-create the board of commissioners and for other purposes.
HB 1041 Day, 48th Cagle, 49th FORSYTH COUNTY
Amend an Act to change the provisions relating to the expense allowance of the chairman and members of the board and for other purposes.

FRIDAY, MARCH 17, 1995

1929

HB 1043 Madden, 47th HART COUNTY
An Act to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the probate court and for other purposes.
HB 1044 Madden, 47th HART COUNTY
Amend an Act to change the provisions relating to the compensation of the tax commissioner and for other purposes.
HB 1050 Cheeks, 23rd Walker, 22nd CITY OF HEPHZIBAH/RICHMOND COUNTY
Amend an Act to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah and for other purposes.
HB 1051 Walker, 22nd Cheeks, 23rd CITY OF AUGUSTA/RICHMOND COUNTY
Amend an Act to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta and for other purposes.
HB 1052 Gochenour, 27th MONROE COUNTY
Amend an Act to change the amount of compensation of the chairperson and members of the board of commissioners and for other purposes.
HB 1053 Gochenour, 27th MONROE COUNTY
Amend an Act to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized and for other purposes.
The amendments and substitute to the following bills were put upon their adoption: *HB 985: The State and Local Governmental Operations Committee offered the following
amendment: Amend HB 985 by striking "16" and inserting "15" on line 6 of page 2.
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
*HB 1013: The State and Local Governmental Operations Committee offered the following amendment: Amend HB 1013 by striking line 32 of page 1 in its entirety and inserting in lieu thereof the following: "(4) Judge of the Juvenile Court .......................................... 90%'". By striking line 1 of page 2 in its entirety. By striking lines 3 through 10 of page 2 in their entirety and inserting in lieu thereof the following:

1930

JOURNAL OF THE SENATE

"Said Act is further amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows:
'SECTION 2.1.
Notwithstanding any other provision of law to the contrary, the chief executive officer of DeKalb County shall receive an annual salary of $95,806.00; the members of the Board of County Commissioners shall receive an annual salary of $19,443.00; and the tax commis sioner shall receive an annual salary of $70,664.00.'".
By striking lines 22 through 26 of page 2 in their entirety and inserting in lieu thereof the following:
"(3) Chief magistrate .................................................... 75%
(4) Associate magistrate ................................................. 67.5%
(5) District attorney .................................................... 93.5%'".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
*HB 1016:
The State and Local Governmental Operations Committee offered the following substi tute to HB 1016:
A BILL
To be entitled an Act to amend an Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act ap proved April 10,1975 (Ga. L. 1975, p. 2833), an Act approved March 7,1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), so as to change the terms and manner of appoint ment of members of the Authority; to provide for designated posts for such members; to provide for vacancies; to change provisions relating to the qualifications and compensation of members and reimbursement of expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act approved April 10, 1975 (Ga. L. 1975, p. 2833), an Act approved March 7, 1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), is amended by striking in its entirety subsections (a) and (d) of Section 4 and in serting in their respective places new subsections to read as follows:
"(a) The Authority shall consist of five members appointed by the Board of Commission ers of Henry County Cboard') from nominations as provided in this subsection. Those members of the Authority serving as such on February 1, 1995, and any person selected to fill a vacancy in such office shall serve for terms of office which expire at the first meeting of the board in January, 1996, and upon the appointment and qualification of their respective successors. At such meeting, each member of the board from a numbered commissioner district shall nominate a person from such district to serve as a member of the Authority in a post corresponding to the number of such district. No person nomi nated to any post may serve in that post unless such nomination is approved by a major ity of the board. Persons thus appointed to Posts 1, 2, and 3 from Commissioner Districts 1, 2, and 3 shall serve for initial terms of office which expire December 31,1996. Persons thus appointed to Posts 4 and 5 from Commissioner Districts 4 and 5 shall serve for initial terms of office which expire December 31, 1998. Successors to the members of the

FRIDAY, MARCH 17, 1995

1931

Authority whose initial terms of office expire as provided in this subsection, and all fu ture successors to such members whose terms of office are to expire, shall be appointed by the board from a nomination by the commissioner whose numbered commissioner dis trict corresponds to the numbered post of the Authority member whose term is to expire, shall be appointed at and take office upon the first meeting of the Board of Commission ers of Henry County in January immediately following the expiration of such term, and shall serve for a term of office which expires upon the same date as the term of office of the commissioner who nominated them to such office upon the Authority. Members of the Authority in designated posts shall serve for the terms specified in this subsection and until their respective successors are appointed and qualified. All members of the Author ity are eligible for reappointment if otherwise qualified. At the first meeting of the Au thority in January each year, the members of the Authority shall select a chairperson, a vice-chairperson, a secretary, and a treasurer. All officers of the Authority shall be mem bers of the Authority. All members of the Authority shall be citizens of the United States, shall be at least 21 years of age, shall have been a resident of this state for two years, and shall have been a resident of Henry County for one year. No member of the Authority shall be a full-time employee of the Authority during such member's term of office upon the Authority."
"(dXl) The members of the Authority shall receive compensation as follows: The chairperson of the Authority shall receive $250.00 per month, the vice-chairperson and secretary shall each receive $225.00 per month, and the remaining members shall re ceive $200.00 per month.
(2) The members of the Authority shall be reimbursed, upon approval by the Authority, for actual expenses incurred for travel, meals, and lodging by a member on official business of the Authority outside of Henry County. In addition to the amount provided in this paragraph, each member shall receive per diem compensation in an amount set by the Authority not to exceed $100.00 per day.
(3) In order that the Authority may, from time to time, take advantage of the special skills and expertise of a member of the Authority and provide appropriate compensa tion for services provided to the Authority by such member outside of such member's regular duties, the Authority is authorized, subject to the conditions in paragraph (4) of this subsection, to compensate such members for such additional services. The addi tional services shall include, but shall not be limited to, attendance at meetings other than regular and called meetings of the Authority; meetings with other governmental entities and authorities or their designated representatives and any combination thereof regarding official Authority business; meetings with industrial prospects, real tors, developers, utility representatives, consultants, other representatives, and any combination thereof regarding official Authority business; meetings of agencies and organizations promoting industrial development such as the Atlanta Regional Com mission, Metro South, or other such groups; and any similar meetings regarding offi cial Authority business.
(4) In order for any Authority member to receive compensation for services performed pursuant to paragraph (3) of this subsection, the Authority must first approve the pro posed services and the compensation by a majority vote. Said approval must be made without the participation of the member to be compensated. The amount of compensa tion shall be determined by the members of the Authority, but in no case shall the compensation exceed $12.50 per hour with a maximum compensation of $100.00 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 44, nays 0, and the substitute was adopted.

1932

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill James 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 Walker

Those not voting were Senators:

Abernathy Balfour Black Egan

Farrow Hooks Isakson Newbill (excused)

Ray (presiding) Scott Turner Tysinger

On the passage of all the local bills, the yeas were 44, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 985, HB 1013 and HB 1016, having received the requisite constitutional majority, were passed.
HB 985 and HB 1013, having received the requisite constitutional majority, were passed as amended.
HB 1016, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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.
Senator Edge of the 28th moved that the Senate adhere to its substitute to HB 423 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed and the President Pro Tempore, who was presiding, appointed as a Committee of Conference on the part of the Senate the following:
Senators Thomas of the 10th, Edge of the 28th and Egan of the 40th.

FRIDAY, MARCH 17, 1995

1933

The following bill was taken up to consider House action thereto:
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 House amendments were as follows:
House amendment #1.
Amend SB 148 by adding on line 5 of page 1 after the semicolon and before the word "to" the following:
"to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs and the results of such tests are negative; to provide for procedures and other matters in connec tion such certification; to provide that a write-in candidate shall not be eligible for elec tion to a state office unless he or she presents such certificate for filing at the time of filing of the notice of intention of write-in candidacy; to provide for matters relative to the foregoing;".
By adding between lines 19 and 20 of page 2 a new Section 2 to read as follows:
"SECTION 2.
Said title is further amended by striking Code Section 21-2-140, relating to mandatory drug testing for candidates, and inserting in lieu thereof a new Code Section 21-2-140 to read as follows:
'21-2-140.
(a) As used in this Code section, the term:
(1) "Candidate" means any person seeking to qualify for nomination or election to a state office in this state.
(2) "Established drug test" means the collection and testing of bodily fluids adminis tered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace 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 drug" means marijuana or any of the following controlled substances in cluded in Schedule I or II of Code Section 16-13-25 or 16-13-26: cocaine; opiates; am phetamines; or phencyclidines, except when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
(4) "State office" includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Com missioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Ser vice Commission.
(5) "Write-in candidate" means any person filing a notice of intention of write-in candi dacy pursuant to Code Section 21-2-153T
(b) Each candidate or write-in candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification or election be required to certify that such candidate or write-in candidate has tested negative for illegal drugs.

1934

JOURNAL OF THE SENATE

(c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stat ing that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Each write-in candidate shall file at the same time the notice of intention of write-in candidacy is filed a certificate with the Secretary of State stating that such write-in candidate has been tested within the preceding 30 days for illegal drugs as required by this Code section and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates or write-in candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate or write-in candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $50.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification. No write-in candidate shall be eligible for election to a state office unless he or she presents such certificate for filing at the time of filing the notice of intention of write-in candidacy?
(d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate qualifies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certi fied by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years.
(e) The commissioner of human resources shall be authorized to establish guidelines gov erning the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests.
(f) The commissioner of human resources and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section.'"
By redesignating Section 2 as Section 3 on line 20 of page 5.
House amendment #2.
Amend SB 148 by striking in its entirety line 2 of page 1 and inserting in lieu thereof the following:
"relating to elections, so as to change the date for filing a notice of candidacy in a general election for candidates for federal, state, or county offices other than candidates seeking nomination in a nonpartisan primary; to change the date for filing a nomination petition; to change the date for notice".
By striking line 10 of page 1 and inserting in lieu thereof the following:
"to elections, is amended by striking in their entirety subsections (c) and (d) of Code Section 21-2-132, relating to notices of candidacy, nomination petitions, affidavits, quali fying fees, pauper's affidavits, and qualifying petitions for exemption from qualifying fees, and inserting in lieu thereof the following:
'(c) All other candidates shall file their notice of candidacy and pay the prescribed quali fying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his such a candidate's agent, desiring to have his or her name placed on the election ballot shall file a notice of his candidacy, giving his the candidate's name, residence address, and the office he is seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June April immediately prior to the election and no later than 12:00 Noon on the Fri day following the fourth Monday in June April in the case of a general election and no

FRIDAY, MARCH 17, 1995

1935

earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his such a candidate's agent, desiring to have his or her name placed on the election 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 June April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June April in the case of a general elec tion and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.'
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June April immediately prior to the elec tion and no later than 12:00 Noon on the second Tuesday in jhrfy May immediately prior to the election, file with the same official with whom he or she filed his the notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomina tion petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a supe rior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate can didates for state-wide public office under the provisions of Code Section 21-2-180.'

SECTION 2.

Said title is further amended by striking in their entirety".
By renumbering Section 2 as Section 3. Senator Griffin of the 25th moved that the Senate agree to the House amendments to
SB 148.

On the motion, 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 Cheeks Crotts Dean Egan Gillis
Glanton

Gochenour Griffin Harbison Henson Hill Hooks Isakson James Langford Madden Marable Middleton

Newbill Pollard Ragan Ralston Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

1936

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour

Day

Cagle

Edge

Clay

Those not voting were Senators:

Blitch Farrow Johnson of 2nd Kemp

Land McGuire Oliver Perdue

Guhl Johnson of 1st
Ray (presiding) Scott Taylor Walker

On the motion, the yeas were 37, nays 7; the motion prevailed, and the Senate agreed to the House amendments to SB 148.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Anno tated, relating to procedure for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposition of property 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 or at public auction; to provide that property shall be sold to the person making the best offer or highest bid; to provide an exception; to provide for notice of the real estate listing or auction; to authorize the rejection of all offers for property; to provide for the disposition of property in cases where all offers are rejected; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedure for disposition of property no longer needed for public road purposes, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)( 1)(A) Unless a sale of the property is made pursuant to paragraphs (2) or (3) of this subsection, such 8ncfa sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. The depart ment or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale.
Such public advertisement shall be inserted once a week in such newspapers or otHeF publication, or both, as will ensure adequate publicity, the first insertion to be at

FRIDAY, MARCH 17, 1995

1937

least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
f&Xi) A description sufficient to enable the public to identify the property;
(B}(ii) The time and place for submission and opening of sealed bids;
tOXiii) The right of the department or the county or municipality to reject any one or all of the bids;
flBXiv) All the conditions of sale; and
tfiXy) Such further information as the department or the county or municipality may deern advisable as in the public interest.
(2XA) Such sale of property may be made by a county or municipality by listing the prop erty through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public, at which meeting public comments shall be allowed regarding such sale.
(B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipal ity may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection.
(3)(A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market valueT
(B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county includ ing, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property;
(ii) The time and place of the public auction;
(iii) The right of the department or the county or municipality to reject any one or all of the bids;
(iv) All the conditions of sale; and
(v) Such further information as the department or the county or municipality may deem advisable as in the public interest.
The county or municipality may advertise in magazines relating to the sale of real estate or similar publications.
(C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection."
SECTION 2.
All laws and parts of laws in conflict with this act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 161.

1938

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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 Pollard
Ralston Scott
Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Broun of 46th Farrow
Oliver

Perdue Ragan
Ray (presiding)

Thomas Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 161.
The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 33-14-19 of the Official Code of Georgia Anno tated, relating to financial interests in and transactions with insurers by officers, directors, committee members, or employees who invest insurers' funds, so as to change certain pro visions relating to insurance corporations; to authorize certain transactions with insurers by said officers, directors, committee members, or employees; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to insurance, so as to provide that an insurable interest shall be conveyed automati cally to a corporation or trustee under certain circumstances; to provide that a corporation that acquires an existing corporation or a trustee of a trust established by such corporation for certain purposes may effectuate insurance upon the employees or retirees of the ac quired corporation; to provide definitions; to provide for other matters relative to the fore going; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

1939

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial inter ests in and transactions with insurers by officers, directors, committee members, or em ployees who invest insurers' funds, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any officer, director, member of any committee, or an employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds shall not:
(1) Deposit or invest the funds except in the insurer's corporate name, except as other wise authorized by this title;
(2) Borrow the funds of the insurer;
(3) Be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such in surer except as a stockholder or member unless:
(A) The insurer has provided the Commissioner with written notice of the proposed transaction no later than 30 days prior to such transaction, or such lesser period as may be permitted by the Commissioner, and the Commissioner has not disapproved the proposed transaction within that period; provided, however, that the Commis sioner 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; and
(B) The proposed transaction has been approved by directors' action in accordance with the provisions of Code Section 14-2-862, or by shareholders' action in accord ance with the provisions of Code Section 14-2-863, if the proposed transaction would be a director's conflicting interest transaction as defined by Code Section 14-2-860; or
(4) Take or receive to his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of the insurer."
SECTION 2.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by striking Code Section 33-24-3, re lating to the insurable interest, and inserting in lieu thereof a new Code Section 33-24-3 to read as follows:
"33-24-3.
(a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of his such person's death or disability or a substantial interest engendered by love and affection in the case of individuals closely related by blood or by law.
(b) An individual has an unlimited insurable interest in his or her own life, health, and bodily safety and may lawfully take out a policy of insurance on his own life, health, or bodily safety and have the policy made payable to whomsoever he such individual pleases, regardless of whether the beneficiary designated has an insurable interest.
(c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any con tractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental

1940

JOURNAL OF THE SENATE

ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrange ments or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable in terest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new lite insurance in an amount not exceeding the insurance being surrendered.
(c.l) The insurable interest of a corporation or trustee which has been established pur suant to subsection (c) of this Code section shall be conveyed automatically to another corporation or to the trustee of a trust established by such other corporation for its sole Benefit which has acquired by purchase, merger, or otherwise all or part of the first corporation's business. A corporation or the trustee of a trust established by such cor poration for its sole benefit may exchange any policy of insurance issued to itself or to another corporation or the trustee of a trust established by such other corporation for its sole benefit from which the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance issued to itself without establishing a new insurable interest at the time of such exchange.
(d) An insurable interest must exist at the time the contract of personal insurance be comes effective but need not exist at the time the loss occurs.
(e) Any personal insurance contract procured or caused to be procured upon another indi vidual is void unless the benefits under the contract are payable to the individual insured or his such individual's personal representative or to a person having, at the time when the contract was made, an insurable interest in the individual insured. In the case of a void contract, the insurer shall not be liable on the contract but shall be liable to repay to the person or persons who have paid the premiums all premium payments without interest.
(f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor."
SECTION 3.
Said article is further amended by striking Code Section 33-24-6, relating to consent of insured to the insurance contract, and inserting in lieu thereof a new Code Section 33-24-6 to read as follows:
"33-24-6.
(a) No life or accident and sickness insurance contract upon an individual, except a con tract of group life insurance or of group or blanket accident and sickness insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies for a life or accident and sickness insurance contract or consents in writing to the contract, except in the following cases:

FRIDAY, MARCH 17, 1995

1941

(1) A spouse may effectuate insurance upon the other spouse;
(2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor;
(3) An application for a family policy may be signed by either parent, by a stepparent, or by husband or wife;
(4) A publicly owned corporation may effectuate insurance upon its employees in whom it has an insurable interest; or
(5) A corporation not described in paragraph (4) of this subsection may effectuate in surance upon its employees in whom it has an insurable interest and a trustee of a trust established by a corporation providing life, health, disability, retirement, or simi lar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the corporation or the trustee cover at least 100 employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the group:; or
(6) A corporation described in paragraph (4) or (5) of this subsection or the trustee of a trust established by such corporation for its sole benefit may exchange any policy which was issued to itself on the life of an employee or retiree of the corporation, or which was issued to another corporation or the trustee of a trust established by such other corporation for its sole benefit on the life of an employee or retiree of such other corporation, and the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance on such individual's life issued to the exchanging corporation^
(b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Ser vice as evidence of mailing such notice or obtain such other evidence of mailing as pre scribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any application for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance cover ing the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00.
(c) An insurer shall be entitled to rely upon all statements, declarations, and representa tions made by an applicant for insurance relative to the insurable interest which such applicant has in the insured; and no insurer shall incur any legal liability except as set forth in the policy, by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the insurer.
(d) As used in paragraphs (4), (5), and (5X6) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, retired employ ees, or the dependent of such persons. The term 'employee' shall include any former em ployee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insur ance being surrendered."

1942

JOURNAL OF THE SENATE

SECTION 4.

Said article is further amended by striking paragraph (11) of subsection (a) of Code Section 33-27-3, relating to required provisions in group life insurance policies, and inserting in lieu thereof a new paragraph (11) to read as follows:
"(IDA corporation or trustee of a trust having an insurable interest pursuant to subsec tion (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include directors, officers, employees, re tired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered."

SECTION 5.

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

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute to SB 332.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton 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 Pollard Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Cagle

Cheeks Oliver Perdue

Ragan Ray (presiding) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 332.

FRIDAY, MARCH 17, 1995

1943

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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, prison guards, and publicly employed emergency medical technicians, so as to change the defini tion of the term "law enforcement officer"; to provide that certain members of the Georgia National Guard carrying out law enforcement duties shall be eligible for indemnification with respect to death or disability occurring in the line of duty; to change the provisions relating to the authority of the Department of Administrative Services as to payments from the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the amount of indemnifica tion paid; to change the provisions relating to application for indemnification and to pro vide time restrictions on applications for indemnification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (6) of Code Section 45-981, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Law enforcement officer" means any agent or officer of this state, or a political subdi vision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of children and youth services of the Department of Children and Youth Services pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investi gate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Children and Youth Services or who have broken the conditions of supervision and employees designated and delegated law en forcement powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to mo tor carriers and the transportation of hazardous materials. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor, who have been specifically designated and delegated law enforcement powers by the adjutant general, and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime.'"

1944

JOURNAL OF THE SENATE

SECTION 2.
Said article is further amended by striking in its entirety paragraph (1) of Code Section 459-84.3, relating to the authority of the Department of Administrative Services as to pay ments from the Georgia State Indemnification Fund, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) To pay the appropriate indemnification to the designated beneficial ies oi1 any oilier persons eligible for indemnification under this article or to the estate of such persons as provided in this article from the proceeds of the Georgia State Indemnification fund;".
SECTION 3.
Said article is further amended by striking in its entirety Code Section 45-9-85, relating to the payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85.
(a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereaf ter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medi cal technicians, emergency management rescue specialists, or prison guards, and if the permanent disability is not intentionally self-inflicted.
(b)(l) Notwithstanding any provision of this article to the contrary, for any compensable claim filed on or after July 1, 1995, Every law enforcement olucei, fireman, emei-
SliRll CltiSi^AltitG I11S DcilltillCitil~y iiiiQ lUQulOC." 01 peiyiilctlt IO1* Lliti [illinpOS6 OI lHQftillilillCel" 11011 lOi1 0-ticiLll UllQSr tlliS Si'l-iClc. J.T1S CltiSi^iiciLiOli Sti3.il DS iUUtlG IO tfl6 COllliiliSSIOIl "111 Wl*itul^ 3.11u Oil lOfillS rUi1iliSIlGCi ujT Lil&~CQi11.i111SSlO11. i 116 D&tlfiIlCifl.ry tUlCi iHctilGCl OI p3.y~
iHGlVt lii&y DC Cliclil^JtiU ni lliG Liil3 iUSilflGl1, pfOVlQfiCt C113t 3. Cn<3.ilj=Jti ill D6tt.6IlC13.ry OI* lllGt.ll.GQ OI jp^^ylll&ilt Sll3.ll 11Ot> D6 cjrl^CtiVii UIlLli l*6CSi~Vcw Dy til.6 COlHilliSSiOii. II 3. D6fl^IlCi~
O3.1I O& lilJluc tO""tllfe GSt3.t6 } (liitl It tilG lYifitriOCl OI ff&y~
i nut designated, payment shall be made iu lump &um, as follows:
(A) In the case of permanent disability, the eligible disabled person pursuant to this article may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to Us present value upon the basis of interest calculated at the rate of 6 percent per ai> num; ami
(B) In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administra tor may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annumT
(2) Tilt1 bt-i ^fii'ifil V--ill Ilic- ig^f i'lf 3 l&W citfVii Vt-iVit-nl uffiut-l--filVniflil t-inr-i^esin^V HICLli-
ui&aDlcu iii tlic iiiic 01 uuLj', Srkdll DC tlic; uiSaulc^Ll i*iliCci~, lii'ciiitiii, cuici gc^iiCy illcdiC^il LeClliliCitiil, ciucl'^tiiiCy iliaiifigciiici^l' i'c&CXic bpcCxiixliSL, Oi guciiu.

FRIDAY, MARCH 17, 1995

1945

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management rescue specialist, or prison guard shall be authorized to designate oiiu uf tli6 tollowiiig 1116tilods oi p&ym&fit.
(A) The payment uf a total sum of $50,000.00 in equal muallil^ installments uvei a
pc^i'iOCl OI liV6 y6Sl*S, G~i*
\U/ lr a,y01cilt til lliillp^imil, pl*OVlCiftCt, ilOWftVGi1 , LliciL II tflc lUill^) SLIiil lilfiUlOCl Or~JJiy~
meat is chosen, the amount to be paid shall be equal to the total sum of $50,000.00
icutlCtiO. tiO itS prfeS&Ht V&I.116 UpOil tftG UcLSiS ul iiitci'eSt CciluuliiLtiCt iiL til 6 Tilt'6 01 0

(4X2) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(5X3) With respect to emergency medical technicians who were killed or permanently disaBled prior to July 1, 1987, and who are entitled to indemnification under this arti cle, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(c) After determining that a law enforcement officer, fireman, emergency medical techni cian, emergency management rescue specialist, or prison guard has been killed or perma nently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the pur pose of carrying out this article."
SECTION 4.
Said article is further amended by striking in its entirety subsection (a) of Code Section 459-86, relating to application for indemnification, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) An application for indemnification with respect to a claim filed on or after July 1, 1995, for permanent disability of a law enforcement officer, fireman, prison guard, emer~ gehcy medical technician, or emergency management rescue specialist shall be submit ted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or otner authorized individual. An application for indemnification with respect to a claim Hied on or after July 1, 1995, for the death of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist shall Be" submitted by the Any designated beneficiary or any other person who i& eligible or
DSli^VcS lie IS cllj^iuic I0i' ii1u6i11ilj.IlCttfJ.Oi.]i 1111(161* WIG jJiO^icliii Ulay iuaK.c a.jjpllCatiOii lOl HICl Gljlil. II ICJi L iO il tG tllG COillliliSSiOil. iH "Stiiy CflSCi iil WlliCll Llifi p^lSOfl. GlTtltlSCi tO HlLlvc k^fpliCLtriOil IS & liiiIWi', Lritii il^pllCcii'iOi'l llliiiy Ijt; ili&ClG un IjiS utiliiill 0^ lliS jjitl'ciiL 01" ^iliil'tt" icui. lil Etiiy CciSti ul VvlliCli Llic jJci'SOii tiiiLiLl(ii_l LO iiicii\.ti ^.ppliC3.liOil iS H^OlltJlliy iliCOnlpc-'
LcilLj Lllc ctp^jliCelti'jn liici^' Oc iliiiut; Ott liilS D^llHll i)y HIS p3ii7finty ^Lien'CliS.!!, Ol Otltct7
individual authorized to administrator his the estate."

1946

JOURNAL OF THE SENATE

SECTION 5.

Said article is further amended by adding at the end of Code Section 45-9-86, relating to application for indemnification, a new subsection (f) to read as follows:
"(f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforce ment officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or perma nently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Harbison of the 15th moved that the Senate agree to the House substitute to SB 353.

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 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 Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Cagle Day Egan

Oliver Perdue Ray (presiding)

Taylor Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 353.

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

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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.

FRIDAY, MARCH 17, 1995

1947

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

HB 1057. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to change certain definitions; to authorize the creation of community improvement districts within the City of Lithia Springs.

The following local bill of the House was read the first time and referred to committee.

HB 1057. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improvement Districts Act," so as to change certain definitions; to authorize the creation of community improvement districts within the City of Lithia Springs.
Referred to the Committee on State and Local Governmental Operations.
The following bill was taken up to consider House action thereto:

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.

Senator Egan of the 40th moved that the Senate recede from its amendment to HB 524.

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 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 Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Oliver Perdue

Ray (presiding) Taylor

Thomas Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 524.

1948

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), and an Act approved April 1,1994 (Ga. L. 1994, p. 4503), so as to change the compensation of the chief clerk and the executive secretary of the 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 collector and tax receiver into the office of tax com missioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22,1990 (Ga. L. 1990, p. 4329), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"SECTION 3.
(a) The tax commissioner shall receive an annual salary of $60,895.50, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $54,348.00, to be paid in equal monthly install ments from the funds of the county treasury. Any candidate for the office of tax commis sioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed.
(b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secre tary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secre tary. The salary of the executive secretary shall be $33,670.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2.
This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

FRIDAY, MARCH 17, 1995

1949

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Isakson of the 21st moved that the Senate agree to the House substitute to SB 461.

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 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 Slotin
Starr Stokes
Tanksley
Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Edge Egan Farrow

Gochenour Ray (presiding) Scott

Taylor Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 461.
The following bill was taken up to consider House action thereto:
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.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act ap proved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13,1990 (Ga. L. 1990, p. 3780), and an Act approved March 29,1994 (Ga. L. 1994, p. 4262), so as to change the membership of the authority; to change the appointment and terms of office of certain of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

1950

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13,1990 (Ga. L. 1990, p. 3780), and an Act approved March 29,1994 (Ga. L. 1994, p. 4262), is amended by striking subsections (b) and (c) of Section 2 thereof in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The authority shall consist of seven members who shall be determined and selected as follows:
(1) One member shall be the chairman of the Board of Commissioners of Cobb County, Georgia;
(2) One member shall be selected by the governing authority of the City of Marietta, Georgia, and the member so selected may be a member of the governing authority of the City of Marietta;
(3) Four members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The four members so selected by the caucus must be residents of the unincorporated area of Cobb County; and
(4) One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 0.
(c) The term of office of the chairman of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with the term of office as chairman of the board of commissioners. The two members of the authority appointed by the governing authorities of Marietta and the other appropriate municipality and serving on the effec tive date of this subsection shall serve until August 14, 1996, and until their successors are appointed and qualified. The four members of the authority appointed by the mem bers of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 1998, and until their successors are appointed and qualified. Thereafter, all members of the authority other than the Cobb County com missioner shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior mem bers' terms."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Isakson of the 21st moved that the Senate agree to the House substitute to SB 328.

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

Those voting in the affirmative were Senators:

Balfour Blitch

Boshears Bowen

Broun of 46th Brown of 26th

FRIDAY, MARCH 17, 1995

1951

Burton Cagle Cheeks Clay Crotts Dean Farrow Gillis Glanton Gochenour Guhl Harbison

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

Those not voting were Senators:

Abernathy Black Day Edge Egan

Griffin James Middleton Oliver Ragan

Newbill Perdue Pollard Ralston Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger
Ray (presiding) Scott Thomas Walker

On the motion, the years were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 328.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 36-62-5 of the Official Code of Georgia Anno tated, relating to directors of development authorities, so as to eliminate the prohibition against directors being officers or employees of a county or municipal corporation; to re quire audited financial statements under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, is amended by striking in its entirety subsection (a) and by in serting in lieu thereof a new subsection (a) to read as follows:
"(a) The directors shall be taxpayers residing in the county or municipal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 36-62-4. No director shall be ail olfitei or em ployee of the tomity or municipal corporation. The governing authority of a county or municipality may appoint no more than one member of the governing authority as a director."

1952

JOURNAL OF THE SENATE

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 if such audit has been required by the respective county or municipality within six months of the end of the previous fiscal year."

SECTION 3.

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

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 132.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Crotts Day Dean 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 Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Cheeks Clay

Edge Egan Hill

Ray (presiding) Scott Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 132.
The following bill was taken up to consider House action thereto:

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.

FRIDAY, MARCH 17, 1995

1953

The House substitute was as follows:
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 within 1,000 feet of a MARTA station from 2.5 acres to one acre; to reduce the minimum acreage required for a mixed-use residential and commercial zone within 1,000 feet of a MARTA station from eight acres to one acre; to reduce the minimum acreage required for all other mixed-use residential and commercial zones from eight acres to five acres; to repeal con flicting laws; and for other purposes.
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 entrance, in which case a minimum of one acre will be required;
(B) When the proposed zone contains a historic multifamily structure, which struc ture 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 occupancy residences as most recently published by the United States Department of Housing 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 minimum of 20 percent of the units for homeless persons, including persons previously living 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 defined 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 he required.
(5) A zone for mixed-use commercial and industrial purposes may not be less than 25 acres in size."

1954

JOURNAL OF THE SENATE

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th moved that the Senate agree to the House substitute to SB 254.

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 Burton Cagle 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

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

Those not voting were Senators:

Abernathy Brown of 26th Cheeks Clay

Egan Henson Ray (presiding)

Starr Thomas Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 254.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain provisions relating to selling and transferring certain executions in lot blocks by the governing authority of each county in this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, or by the governing authority of any municipality in such county, shall be applicable state wide; to change certain provisions relating to no tice of sales of tax executions; to provide a method for determining which tax executions may be transferred; to change certain provisions relating to amounts which may be charged by transferees of tax executions; to change certain provisions relating to land bank author ity acquisition of property at tax sales; to provide for effective dates; to provide for applica bility; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

1955

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 48 is amended by striking paragraph (1) of subsection (b) of Code Section 48-3-19, relating to the transfer of tax executions, and inserting in its place a new paragraph (1) to read as follows:
"(b)(l) The county governing authority of each county having a population of 000,000 or more, according to the United States decennial census of 1970 at any future such censub, in this state and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, executions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the execu tions. The transferee of executions sold and transferred shall have the same rights, pow ers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the portion of the taxes payable to the state and the portion of the discount applicable to the taxes due the state shall be absorbed by the county or munici pality. There shall not be included in any lot or block of tax executions sold and trans ferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions."
SECTION 2.
Said title is further amended by striking paragraph (4) of subsection (b) of Code Section 483-19, relating to the transfer of tax executions, and inserting in its place a new paragraph (4) to read as follows:
"(4) Tax executions sold and transferred at a discount in accordance with this subsec tion shall not be enforced by levy within three months of the date of the transfer. Noth ing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the executions or to interfere with the collection of the executions in any manner other than by levy of the executions. Tax executions sold and transferred in accordance with this subsection are not subject to the prior notice provision of subsec tion (a) of this Code section; provided, however, that both the defendant in fi. fa. ancT the current property owner of record shall be listed in a notice to be published not less than once a week for three weeks during the 90 day period prior to levy in the legal organ of the county in which the execution was issued?'
SECTION 3.
Said title is further amended in Code Section 48-3-19, relating to the transfer of tax execu tions, by striking subsection (d) and inserting in its place new subsections (d) and (e) to read as follows:
"(d) In addition to the provisions of subsection (c) of this Code section, no person may pay an execution issued for ad valorem property taxes and thereby become the transferee 6T such execution as provided in subsection (a) of this Code section if:
(1) The property which is the subject of the tax execution has been included among a list of properties identified by the local tax official, as authorized by the local governing authority, as eligible for exclusion from transfer of execution^
(2) A public hearing has been held on the issue of excluding such property from eligibil ity for transfer of execution; ami
(3) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfeT

1956

JOURNAL OF THE SENATE

of execution based on a determination that such exclusion is in the best interest of the public.
fdXe) The person to whom a tax execution is transferred as provided in this Code section or his such person's successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum and any other costs associated with the filing of a transferred tax execution on any general execution docket."

SECTION 4.

Said title is further amended by striking subsection (a) of Code Section 48-4-64, relating to the acquisition and disposal of property by land bank authorities, 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
S3.16, 3.llu it ilO pcil SOU. DiuS till 3.I110U11L t^C^Uiii CO tile iU.ll JiiiiOUiit 01 SLLL L&X DlllS, lllttii'cfeL,
flllu COSIS OWlil Oil tl!6 ~ Jj^O^/Gfty lit Mlt3 Sll, Lliii flXltllOrity SlicLll flflVG Tttfr ujjLujii 3.1 3.iYy
Liilic cilLGr Lllii ttX icllc tO CiiUSG Lilci LCLA. CuiliiiilSSluiicl tO IliclK.ti a. QGGCt 01 Lflc piGpclty 10
tlie aulhuiily 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 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 5.

(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 and shall be applicable to all taxable years beginning on or after January 1, 1995.
(b) Section 4 of this Act shall become effective on July 1, 1995.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Slotin of the 39th moved that the Senate agree to the House substitute to SB 89.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle 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 Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Turner Tysinger

FRIDAY, MARCH 17, 1995

1957

Those not voting were Senators:

Abernathy Black Cheeks Clay

Egan Newbill Ray (presiding)

Thomas Thompson Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 89.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, 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 open meetings; to provide for the selection, qualifications, terms, compensation, and expenses of members of said council; to provide for removal and filling vacancies on such council; to provide for the organization, purposes, powers, and duties of such council; to provide for designation, approval, powers, duties, and purposes of community partnership organizations; to provide for comprehen sive plans of such organizations and conditions for approval thereof; to provide for account ability, reports, and audits of such organizations and for appropriations of public funds thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding immediately following Article 11 thereof a new article to read as follows:
"ARTICLE 12
49-5-250.
This article shall be known and may be cited as the 'Georgia Policy Council for Children and Families Act.'
49-5-251.
(a) The General Assembly finds that the time has come to take bold action on behalf of our children. Georgia cannot afford the staggering human and financial costs associated with teenage pregnancy, child abuse and neglect, juvenile crime, low birth weight babies, and poor school performance. The consequences of these problems are that many chil dren will continue to do poorly in school or drop out altogether, suffer costly emotional and physical health problems, end up in jail, and grow up ill-equipped to assume respon sibility as productive citizens.

1958

JOURNAL OF THE SENATE

(b) The General Assembly further finds that many state and federal programs estab lished to address these problems have not been effective because there is a fundamental mismatch between what is known to improve results for children and families and cur rent government programs. Services are categorically driven by a maze of federal and state authorized programs and there is no clear focus on results. Despite the poor results, fragmentation, and lack of accountability for results, the General Assembly finds that there is reason for hope and optimism. The General Assembly finds that a new vision is needed for children and families that seeks to achieve five important goals: improved child health, improved child development, improved family functioning, improved school performance, and improved family economic capacity. By passage of this article the state will adopt a framework for improving results that advances Georgia's successful initia tives, responds to the public's demand for results, increases the authority and responsi bility of communities, streamlines government for citizens, optimizes current financial resources, creates a single point of accountability, and injects sound business principles.
49-5-252.
As used in this article, the term:
(1) 'Community partnership' means any community partnership organization desig nated under Code Section 49-5-257.
(2) 'Council' means the Georgia Policy Council for Children and Families created under Code Section 49-5-253.
(3) 'Local plan' means the plan established by a community partnership under Code Section 49-5-260.
(4) 'Organization' means an organization which is exempt from federal taxation pursu ant to Section 501(c)(3) of the Internal Revenue Code, as such code is defined in Code Section 48-1-2 or a state or local authority or instrumentality created by general or local law.
(5) 'State plan' means the comprehensive plan established by the council under Code Section 49-5-254 for coordinating services to children and families.
49-5-253.
(a) There is created the Georgia Policy Council for Children and Families. The council shall be assigned to the Office of Planning and Budget for administrative purposes only.
(b) The council shall consist of 19 members. Six members of the council shall be ap pointed by the Governor. Two of such appointees shall be business leaders in the state, one of such appointees shall be an elected member of the governing body of a county, one of such appointees shall be an elected member of the governing body of a municipality, and two of such appointees shall be nongovernmental community leaders or advocates for children and families. The Governor shall designate the initial terms of office of each of such Governor's appointees so that three have terms of office of two years and three have terms of office of three years.
(c) Four members of the council shall be appointed by the Lieutenant Governor, two of whom shall be business leaders in the state and two of whom shall be nongovernmental community leaders or advocates for children and families. The Lieutenant Governor shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years.
(d) Four members of the council shall be appointed by the Speaker of the House of Repre sentatives, two of whom shall be business leaders in the state and two of whom shall be nongovernmental community leaders or advocates for children and families. The Speaker of the House of Representatives shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years.
(e) Five members of the council shall be ex officio members as follows: the State School Superintendent, the commissioner of human resources, the commissioner of medical

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assistance, the commissioner of children and youth services, and the director of the Office of Planning and Budget. If additional state agencies are created by the General Assembly whose primary mission is to serve children and families, the total number on the council and the number of ex officio members is authorized to increase respectively.
(f) After the expiration of the initial terms of office specified in subsections (b), (c), and (d) of this Code section, members appointed to the council pursuant to those subsections shall serve for three-year terms of office, except that any elected official appointed to the council by the Governor shall serve for such term on the council only while serving as such official. Otherwise, members shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. Ex officio mem bers of the council shall serve on the council only while holding the office by virtue of which they have membership on the council.
(g) The Governor, Lieutenant Governor, and Speaker of the House of Representatives may remove any member of the council appointed thereto by that respective officer for incompetence, neglect of duty, or failing to attend at least 75 percent of the meetings of the council in any year. Vacancies in office shall be filled for the unexpired term thereof in the same manner as the original appointment.
(h) The Governor shall name one of the Governor's appointees to the council as chairper son of the council to serve a term of two years and until a successor is appointed by the Governor and qualified.
(i) The council shall be an agency, as defined in subparagraph (a)(l)(A) of Code Section 50-14-1, for purposes of compliance with the requirements of Chapter 14 of Title 50, which chapter relates to open meetings.
49-5-254.
The council is created for the following purposes:
(1) To define the core results to be achieved by state agencies and communities and to collect and analyze data to measure progress toward reaching such core results;
(2) To develop and adopt, and from time to time amend, a comprehensive state plan which coordinates the services of public and private agencies and incorporates those state plans from any agency, council, commission, board, or advisory committee as re quired by law so as to deal more effectively with the problems of children, youth, and families in this state;
(3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive state plan developed by the council under paragraph (2) of this Code section;
(4) To initiate appropriate requests for changes to be made in state or federal laws, regulations, and systems necessary or desirable to carry out the comprehensive state plan;
(5) To review, comment upon, and approve or disapprove strategic plans of community partnerships and state agencies which plans are designed to implement the compre hensive state plan; and
(6) To provide leadership training, technical assistance, and information to community partnerships and state partners in order to assist them in implementing their strategic plans.
49-5-255.
In order to carry out its purposes under Code Section 49-5-254, the council shall have the following powers and duties:
(1) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed;

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(2) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumental ity, or political subdivision thereof or from the United States government or any agency or instrumentality thereof;
(3) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compen sation for such personnel and services within the appropriations or other funds available to the council;
(4) To the extent that a contract between the council and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the council;
(5) To recommend to the Governor budget unit object class transfers within and be tween the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, necessary or desirable in order better to achieve the purposes of the comprehensive state plan;
(6) To request that the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, apply to the appropriate federal agencies for regulatory changes and waivers necessary or desirable in order better to achieve the purposes of the comprehensive state plan;
(7) To sponsor changes and waivers regarding the regulations of agencies, other than the Office of Planning and Budget, which have ex officio members on the council in order better to achieve the purposes of the state plan;
(8) To make contracts and to execute all instruments necessary or convenient to accom plish the purposes of the council;
(9) To require requests for proposals for selection as fully operational community part nerships and to select from the proposals submitted those community partnerships which will take part in implementation of this article; and
(10) To do all things necessary or convenient to carry out the powers and purposes of the council as expressly provided in this article.
49-5-256.
Members of the council shall receive no compensation for serving on the council but may be reimbursed, from funds appropriated or otherwise available to the council, for actual and necessary expenses incurred by them in carrying out their official duties in an amount not to exceed the daily expense and travel allowance authorized for members of the General Assembly under Code Section 28-1-8. Ex officio members of the council shall receive no compensation for serving on the council but may receive the expense allow ance provided for state employees for expenses incurred in carrying out their official du ties on the council.
49-5-257.
(a) Community partnerships will be designated by local government and the council to provide authority and responsibility for achieving measurable results, including develop ment of the comprehensive plans and implementing innovative approaches to state and federal budget and policy barriers. The governing authority of any county and the gov erning authority of the largest municipality having its legal situs in such county, accord ing to the United States decennial census of 1990 or any future such census, by proper resolution may designate for that county a single organization as the proposed commu nity partnership organization for that county. Only an organization designated by such resolutions shall be authorized to submit to the council for approval a comprehensive plan under paragraph (2) of Code Section 49-5-260. A county or municipality designating a community partnership as provided in this subsection or contracting with a community partnership to provide services which the partnership is authorized to provide under this

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article shall be immune from civil and criminal liability for such designation and for any services so provided.
(b) Until July 1, 1996, no more than ten proposed community partnerships shall have their comprehensive plans approved under subsection (a) of this Code section. Such ap proval shall authorize the organization which submits such plan to act as the community partnership organization for the designating county.
49-5-258.
The council shall not approve a comprehensive plan submitted by any proposed commu nity partnership organization for a county unless the governing body of that organization is composed of residents of that county who represent at a minimum local elected officials of governing bodies in that county, persons in the business community in that county, public agencies in that county under the state departments which have ex officio mem bers upon the council, other than the Office of Planning and Budget, boards of civic orga nizations and private social services providers in that county, and advocates for children and families in that county.
49-5-259.
The council shall not approve a comprehensive plan submitted by a proposed community partnership organization unless the bylaws of such organization provide for terms of of fice and succession of members of the organization's governing body, manner of selecting officers of that governing body and the terms and powers of such officers, quorum, mini mum meeting schedule, reporting and financial audits, and compensation or reimburse ment of members of that governing body and unless the organization has at least the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or ex change, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the community partnership shall not have the power to acquire any real or per sonal property by condemnation or eminent domain;
(3) To procure insurance against any loss in connection with its property and other assets of the community partnership;
(4) To make contracts and to execute all instruments necessary or convenient in con nection therewith;
(5) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the man ner in which its business may be transacted and in which the power granted to it may be enjoyed, as the community partnership may deem necessary or expedient in facili tating its business;
(6) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumental ity, or political subdivision thereof or from the United States or any agency or instru mentality thereof;
(7) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compen sation for such personnel and services; and
(8) To do all things necessary or convenient to carry out the powers and purposes of the community partnership which are expressly provided for in this article.
49-5-260.
Each community partnership is created for the following purposes:
(1) To achieve a core set of results defined jointly by the community partnership and council;

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(2) To develop, adopt, submit to the council for approval, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of children, youth, and families in the county for which the community part nership was created in order to achieve the objectives described in Code Section 49-5251;
(3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive plan developed by the community partnership under paragraph (2) of this Code section; and
(4) To contract with public and private agencies for the purposes of paragraphs (2) and (3) of this Code section and for such public and private agencies to provide programs and services for children, youth, and families in order to carry out the provisions of the comprehensive plan developed by the community partnership under paragraph (2) of this Code section.
49-5-261.
To the extent that a contract entered into pursuant to the provisions of Code Section 495-260 provides therefor, each community partnership shall have the power to provide such services for children, youth, and families on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by that community partnership under paragraph (2) of Code Section 49-5-260.
49-5-262.
In addition to any other powers and duties provided for by this article, each community partnership shall have the following powers and duties:
(1) To exercise the power provided by Code Section 45-9-1 to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the community partnership and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, of ficers, or employees are not immune from such liability; and
(2) To the extent that a contract between the community partnership and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the community partnership.
49-5-263.
The members of each community partnership shall be accountable in all respects as trustees. Each community partnership shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures. Each community partnership shall pre pare and submit to the governing bodies by which it was designated an annual report at the end of each fiscal year or calendar year of such community partnership outlining the work of such community partnership and furnishing to such bodies a copy of its most recent annual independent audit of income and expenditures.
49-5-264.
Because each community partnership will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the state and any county or municipality thereof may appropriate public funds to such partnership. How ever, all state funding will cease on June 30,1997. The council may continue to function through private contributions. This council will sunset December 31, 2000."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 256.

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1963

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

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Edge Egan Farrow Gillis Griffin

Guhl Harbison Henson Hooks Isakson Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver

Perdue Pollard Ragan Ralston Scott Slotin Stokes Taylor Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Cagle Day

Gochenour Johnson of 1st Land

McGuire Newbill Tanksley

Those not voting were Senators:

Abernathy Blitch Clay

Glanton Hill James

Ray (presiding) Starr Thompson

On the motion, the yeas were 37, nays 10; the motion prevailed, and the Senate agreed to the House substitute to SB 256.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 20-2-56 of the Official Code of Georgia Anno tated, relating to nonpartisan primaries and elections for members of boards of education, so as to provide for nonpartisan elections without a prior nonpartisan primary; to change cross-references to conform to other provisions of this Act; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the method of computing the qualifying fee for certain county offices; to change the distribution of qualifying fees; to provide qualifying procedures for candidates seeking election to county offices in nonparti san elections; to provide for meetings of county boards of registrars; to change the contents of the official list of electors and inactive electors; to provide for establishing the cost of furnishing data on electors; to provide for a separate portion on ballot labels for candidates seeking nomination in a nonpartisan primary; to change the form of the elector's oath for an absentee ballot; to authorize additional registration places or registrar's offices; to pro vide for two poll watchers in each precinct; to eliminate the Constitutional Officers Election Board and references to such board; to change procedures relating to consolidated returns of elections; to change procedures relating to certifying the tabulation of returns; to change the procedures relating to certifying results of elections for constitutional officers; to change

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the grounds upon which a primary or election may be contested; to provide for a rebuttable presumption regarding a vote by a person who has been listed for ten years or longer de spite an unsigned voter registration card in certain circumstances; to provide for a court order to conduct a second runoff in certain circumstances; to repeal conflicting laws: and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of boards of education using the procedures established in Cude Oectiuii 21-2-139 Chapter 2 of Title 21, the 'Georgia Elections Code,' or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Code Section 219*95: Chapter 3 of Title 21, the 'Georgia Municipal Election Code.'"
SECTION 2.
Said title is further amended by striking in their entirety subsections (a) and (c) of Code Section 21-2-131, relating to qualification fees, and inserting in lieu thereof new subsec tions (a) and (c) to read as follows:
"(a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Sec retary of State for a nonpartisan primary and for any candidate filing with the Secre tary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office."

FRIDAY, MARCH 17, 1995

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"(c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the super intendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treas ury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of elec tors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;
(3) Qualification fees paid to the superintendent of the county:
(A) If the person qualifies as a candidate of a political body, 50 percent to shall be transmitted to the state executive committee of the appropriate political body, if the person qualifies as a candidate of that political body, and 50 percent to shall be re tained by the superintendent of the county:; and
(B) If the person qualifies as an independent or nonpartisan candidate, the superin tendent of the county shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable by the superintendent to the gov erning authority of the county, to be applied toward the cost of holding the elections:
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows:
(A) If the person qualifies as the candidate of a political body, 75 percent to shall be transmitted to the appropriate political body, it' the pei t>un qualifier a& a candidate of that political body, and 25 percent to shall be retained by the Secretary of Stater; and
(B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to divided among the governing authority authorities of the county or counties in the districlm which the candidate runs in propor tion to the population of each county according to the last United States decennial cen sus, such fees to be applied to the cost of holding the election, if-the ullice sought by Hie candidate is filled by the vute uf the electors of uiuie than one county, such fee shall be
QlVlucu ciiiiOil^ til& CGUIltlQS iilVOlVSQ lH pl'O^iOl tiOil tO tliti VOtfc ttflSt Dy dclCIl COUiltl*y ill tH.6
j.j-i..c-~u-c~trn*n..~g p..i.-- coi:u.ic_ii.L.ti:c^tii ^ciic^c.E.ii:u..i.i.i"
SECTION 3.
Said title is further amended by striking in their entirety subsections (b) and (b.l) of Code Section 21-2-132, relating to procedures for qualifying, and inserting in lieu thereof new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a
feLiiMi Court, J UC1JS 01 3. SUjj^riGl1 COUl'tj <J UCl^JG OI trife \_>GUi't OI Ap^jcieilS, 01* clU.SL.iCc 01 HIS
Guprt-me Court shall comply with the requirements of subsections (b.l) and (e) of this

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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 nonpartisan 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 qualify ing lee 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 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 the nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office lie is 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; and
(2) Each candidate for the office of judge of a state court 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 notice 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 to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."
SECTION 4.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2212, relating to county registrars, and inserting in lieu thereof the following:
"(c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and em ployees appointed and employed under this article shall be fixed by the board of regis trars with the approval of the governing authority of each county and shall be paid from county funds."

FRIDAY, MARCH 17, 1995

1967

SECTION 5.
Said title is further amended by striking in its entirety subsection (f) of Code Section 21-2224. relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure in certain circumstances, and inserting in lieu thereof the following:
"(f) The official list of electors and the official list of inactive electors prepared and distrib uted to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designa tions, if any, and such other voting districts, if any. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 6.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2225. relating to confidentiality of registration applications, and inserting in lieu thereof a new subsection to read as follows:
"(c) It shall be the duty of the Secretary of State and the board of registrars to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on computer tape or diskette or computer run list or both. The Secretary of State shall establish by rule ui icgulatiuii the cost to be charged for such lists. Such data may not be used by any person for commercial purposes."
SECTION 7.
Said title is further amended by striking in its entirety subsection (h) of Code Section 21-2325, relating to the form of ballot labels, and inserting in lieu thereof a new subsection to read as follows:
"(h) In primaries, the ballot labels containing the names of candidates seeking nomina tion by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be deter mined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election nomination in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT."'
SECTION 8.
Said title is further amended by striking in its entirety Code Section 21-2-382, relating to utilization of the courthouse or courthouse annex as an additional registrar's office or place of registration in certain counties, and inserting in lieu thereof the following:
"21-2-382.
(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of re gistration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, or a government service center providing general government services.
(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000

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and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the pur pose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385."
SECTION 9.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2384 and inserting in lieu thereof a new subsection to read as follows:
"(c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is ______ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot.

Elector's Residence Address

Elector's Place of Birth

Month and Day of Elector's Birth

Maiden Name of Mother of Elector

Oath of Person Assisting Elector (if any):

Signature or Mark of Elector

I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2409.

This, the ______ day of _____________, 19__.

Signature of Person Assisting Elector -- Relationship
Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has following physical disability ____________.
The forms upon which such oaths are printed shall contain the following information:
Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.
Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in vot ing, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor."

FRIDAY, MARCH 17, 1995

1969

SECTION 10.
Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2408, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows:
"(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to des ignate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by him the in dependent candidate. Such letter shall contain the following information: name of offi cial poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election."
SECTION 11.
Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2495, relating to a recount or recanvass of votes, and inserting in lieu thereof a new subsec tion to read as follows:
"(d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county, except the
(JiliCeS OI UvVciuGl1 ) LjicllLcilitilL vjOVGFflOr, kjGCFStiil y iir otH6, AttOl ilSy (jroil^l 3J., kjLcitc
o Cll OO I b Llpti F 1 11 CG i lu.i 11 1- , vJOllliliiSSlOiltil' 01 lliSiAi'iiiiCct, \JuilTUllSSiOil6r OI A^flCXlltUl c, ctiiU
Commissioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although noi, apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certifica tion of the consolidated returns by the Secretary of State. A candidate for the office of
vrGVGmOi.1 ) JUlti lltciiillt IjrOVcl'ilOr, kjfeCl'Gt&l^y 01 kJLcllS) AttGIMlfiy vjtiiitilck.1, io Lei.Lei oCHGOl oll~
MCI intenJcut--CuiiiinjiSiSluiici uf LlouiailC'c:--CuiiljIU&Siuiici of AKiiCllltUic--01' GOimills-
s10n.6r or LJ&Dor iiisiy ^jctitiL/ii tli6 t>G&111u.Lioii<il witicfei*$ liiiticLioil uo&i d ror EC IGCouiit~or iTtic&.tYVii5s oi votfis, 3.s jip^ii'opi'ifiLiij wiifiii it cijj^)tt<iis tiiiii* s^iiscrcjpd.iicy oi^&rroi'j ^.1*110x1^11
liOt cip jjil tiiit Oil Lllti IclCti Or Wli3 1'ttU.i ilS, 113.S !JtttJ.l lilctut:. lliti L^OilSLildiLiOllcil wlliCci S JiJltiC"
LIOll JJucirCl fiic^y Ol'Clfci', ill iLS uifeCl'Sl/iOii, Si rftCOUiiL Ol1 1.6C&il.VLS5 nl <iii,y flllu till COUHLiiiS ill
wnicn tli6 Gifictofs^votGd. lor su.cn ulliCb ciiiu sa.iu i'fecovuit orr6Ciiivss6 iii3.y bti o^ld s.t 2a\y
pi'iOi' lO Cliti Ctil'LlllCiiLiOii. OI Lliti 1 6tLll'iiS Dy Llic OOllfatiLLlLiOllcll UlllC
Duai d. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the re count or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State or the Cunt.litutioiidl Officers ElecLiuu Board, as apprupi iate, may re quire the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes."
SECTION 12.
Said title is further amended by striking in its entirety paragraph (4) of Code Section 21-2497, relating to consolidated returns of elections, and inserting in lieu thereof a new para graph to read as follows:
"(4) One copy to be returned as follows:
\.A/ In 11lc CJiSt; Ol 6liiC110Jl TOT vjOVGl'llOrj .Lji&Utf&il&iTt ijOVGrilOl ( oGCt'^toil j 01 i-jt&tcj AtCGl

1970

JOURNAL OF THE SENATE

uf Aguuullme, and Comnm&kmer of Labor, the returns shall be sealed by the supei LsiiciciiL sspflrsttbiy ironi ociitsi1 returns cinci stiHii L/C trmsmitt6Ci iiuiii6cii3.tfeiy to
(B) In the case of election of federal and state officers, except tliuse officers named in hubparagraph (A) of this paiagraph, a separate return showing totals of the votes cast for each of such officers respectively shall afeo be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State:
(6XB) In the case of elections for any county officer or other officer required by law to be commissioned by the Governor in any of the several counties of this state, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices;
(BKC) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications;
(fiXD) In the case of elections on constitutional amendments, the returns shall be certifiedTmmediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to can vass and tabulate the votes cast on such amendments and certify the results to the Governor; or
(FKE) In the case of election for presidential electors, a separate return shall be pre pared" by each superintendent and certified immediately to the Secretary of State."
SECTION 13.
Said title is further amended by striking in its entirety Code Section 21-2-498, relating to the Constitutional Officers Election Board, and inserting in lieu thereof the following:
"21-2-498.
Reserved."
SECTION 14.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2499, relating to duties of the Secretary of State as to tabulation, computation, and canvass ing of votes for state and federal officers, and inserting in lieu thereof a new subsection to read as follows:
"(a) Upon receiving the certified returns of any election from the various superintend ents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph ffi) (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential elec tors, proceed to tabulate, compute, and canvass the votes cast for each slate of presiden tial electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes."
SECTION 15.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2502, relating to certificates of election and commission and proclamation as to constitu tional amendments, and inserting in lieu thereof a new subsection to read as follows:

FRIDAY, MARCH 17, 1995

1971

"(a) Governor and other constitutional officers. The persons receivin
ilUiHDGl1 OI VGtGS tO D6 GlcCLcCl tO"tllft r&SpGCtlVt; OIIICGS lleiiiitiQ iii SUuj,)3.1*i^i'tipri V-A-.J Ol pBLi'it-
graph (4) of Code Sectiuii 21-2-497 shall be declared elected thereto, and certificates of election shall be made by the Constitutional Officers Election Board and issued tu each person so elected. The Upon completing the tabulation of any election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superinten dent, Commissioner of Insurance, Commission of Agriculture, or Commissioner of Labor, the Secretary of State shall lay the cei tilled leCums tiled with him ui liei by Uie Coiislilutional Officei s Election Dual d same before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State, to each such person. The secretary of State shall issue the commission to the person elected Governor."
SECTION 16.
Said title is further amended by striking in its entirety Code Section 21-2-522, relating to grounds for election contests, and inserting in lieu thereof a new Code section to read as follows:
"21-2-522.
A result of a primary or election may be contested on one or more of the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election official or officials suf ficient to change or place in doubt the result;
(2) Reserved When the defendant is ineligible for the nomination or office in dispute;
(3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
(4) For any error in counting the votes or declaring the result of the primary or elec tion, if such error would change the result;
(5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
SECTION 16A.
Said title is further amended by inserting a new Code section to be designated Code Section 21-2-522.1 to read as follows:
"21-2-522.1.
Notwithstanding any other provisions of this chapter, for the purposes of election con tests, a vote cast by a person who has been listed on the official list of electors for a period often years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility require ments of Code Section 21-2-216. For such a voter, there shall be a rebuttable presump tion that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card."
SECTION 17.
Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2527, relating to judgments in election contests, and inserting in lieu thereof a new subsec tion to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary, or election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, or election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, or election, or runoff to be invalid with regard to such nomination, office, or eligibility" and shall call for a second primary, or

1972

JOURNAL OF THE SENATE

election, or runoff to be conducted among all of the same candidates who participated in

the original primary, or election, or runoff to fill such nomination or office which was

declared invalid." "

~

SECTION 18.

Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3284, relating to absentee ballots and supplies, and inserting in lieu thereof a new subsec tion to read as follows:
"(d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _____________ City, ____________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote there in person; and that I have read and under stand the instructions accompanying this ballot and that I have carefully complied with such instructions in completing this ballot.

Elector's Residence Address

Month and Day of Elector's Birth

Elector's Place uf Birth

Maiden Name uf Mothei of Elector
Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently possesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3318. This, the _____________ day of ______, 19__.
Signature of Person Assisting Elector -- Relationship

FRIDAY, MARCH 17, 1995

1973

Reason for assistance (check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has the following physical disability __
The forms upon which such oaths are printed shall contain the following language:
Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318.)
Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor."
SECTION 19.
Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3317, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows:
"(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers for each precinct, to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to des ignate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by him the in dependent candidate. Such letter shall contain the following information: name of offi cial poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election."
SECTION 20.
Said title is further amended by striking in its entirety Code Section 21-3-422, relating to grounds for election contests, and inserting in lieu thereof a new Code Section to read as follows:
"21-3-422.
A result of a primary or election may be contested on one or more of the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election official or officials suf ficient to change or place in doubt the result;
(2) Reserved When the defendant is ineligible for the nomination or office in dispute;
(3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
(4) For any error in counting the votes or declaring the result of the primary or elec tion, if such error would change the result;
(5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
SECTION 20A.
Said title is further amended by inserting a new Code section to be designated Code Section 21-3-422.1 to read as follows:
"21-3-422.1
Notwithstanding any other provisions of this chapter, for the purposes of election con tests, a vote cast by a person who has been listed on the official list of electors for a period often years or longer shall be rebuttably presumed to be a legal vote despite an unsigned

1974

JOURNAL OF THE SENATE

voter registration card, so long as that person continues to meet the eligibility require ments of Code Section 21-3-122. For such a voter, there shall be a rebuttable presump tion that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card."

SECTION 21.

Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3427, relating to judgments in election contests, and inserting in lieu thereof a new subsec tion to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary, or election, or runoff is so defective as to the nomination, office, or eligibility in contest" as to place in doubt the result of the entire primary, or election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, or election, or runoff to be invalid with regard to such nomination, office, or eligibility" and shall call for a second primary, or election, or runoff to be conducted among all of the same candidates who participated in the original primary, or election, or runoff to fill such nomination or office which was declared invalid."

SECTION 22.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 193.

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
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 Scott Slotin
Starr Stokes
Tanksley Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Clay

Oliver

Ray (presiding)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 193.

FRIDAY, MARCH 17, 1995

1975

The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
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; 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 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:
"24-9-21.
There are certain admissions and communications excluded on grounds of public policy. 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?;
(6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16;
(7) Communications between patient and a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor during the psychotherapeutic relationship; and
(8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in pyschiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psycho^ therapy or have rendered psychotherapy to a patient, regarding that patient's commu^ hications which are otherwise privileged by paragraph (5), (6), or (7) of this Code section.
As used in this Code section, the term 'psychotherapeutic relationship' means the rela tionship which arises between a patient and a licensed clinical social worker, a clinical nurse specialist in psychiatric/mental health, a licensed marriage and family therapist, oF a licensed professional counselor using psychotherapeutic techniques as defined in Code Section 43-10A-3 and the term 'psychotherapy' means the employment of 'psycho^ therapeutic techniques'."

1976

JOURNAL OF THE SENATE

SECTION 2.

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 223.

On the motion, 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 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 Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour

Clay Ralston

Ray (presiding) Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 223.

The following bill was taken up to consider House action thereto:

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 an the most recent fiscal year.

The House amendment was as follows:
Amend AM 18 0352, Senate Amendment #3 to HB 419, by striking lines 3 through 9 of page 1 and inserting in their place the following:
"Amend HB 419 by inserting '(3.4),' immediately preceding '(4),' on lines 14 and 39 of page 2.
By inserting '(3.4),' immediately preceding '(4.1),' on lines 6, 8, and 13 of page 4.
By inserting '(3.4),' immediately preceding '(4),' on lines 22 and 38 of page 4 and lines 3, 10, and 19 of page 5.
By striking 'a new paragraph' and inserting in its place 'new paragraphs' on line 2 of page 3.

FRIDAY, MARCH 17, 1995

1977

By striking 'paragraph (3.2)' and inserting in its place 'paragraphs (3.2), (3.3), and (3.4)' on line 5 of page 3."
By striking "(3.3)" and inserting in its place "(3.4)" on lines 13, 26, and 36 of page 1.
Senator Johnson of the 1st moved that the Senate agree to the House amendment to the Senate amendment to HB 419.

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 Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Karbison Hill Hooks Isakson James Johnson of 2nd Johnson of 1st Kemp 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 Cheeks Clay Edge

Henson Oliver Perdue

Ray (presiding) Tysinger Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 419.

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 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 the Conference Committee report 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.

The Conference Committee report on HB 202 was as follows:

1978

JOURNAL OF THE SENATE

The Committee of Conference on H.B. 202 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to H.B. 202 be adopted.

FOR THE SENATE:

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

Isl Terry L. Coleman Representative, 142nd District

Is/ Charles W. Walker Senator, 22nd District
/s/ Walter S. Ray Senator, 19th District

/s/ Larry Walker Representative, 141st District
/s/ Thomas B. Buck, III Representative, 135th District

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 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.................................. .$25,029,738 Personal Services--Staff ....................................... $13,446,641 Personal Services--Elected Officials .............................. $3,781,803 Regular Operating Expenses .................................... $2,612,366 Travel--Staff.................................................... $91,500 Travel--Elected Officials ........................................... $7,000 Capital Outlay........................................................ $0 Equipment ..................................................... $225,000 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 ........................................ .$25,029,738 State Funds Budgeted ........................................ .$25,029,738

FRIDAY, MARCH 17, 1995

1979

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,743,483

Lt. Governor's Office

$

801,781

Secretary of the Senate's Office

1,139,854

Total

$ 5,685,118

State Funds

$ 3,743,483

$

801,781

$ 1,139,854

$ 5,685,118

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 9,687,692

Speaker of the House's Office

$

560,470

Clerk of the House's Office

$ 1,423,074

Total

$ 11,671,236

State Funds

$ 9,687,692

$

560,470

$ 1,423,074

$ 11,671,236

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds

$ 2,556,899

$ 2,261,462

$

995,528

$ 1,859,495

$ 7,673,384

State Funds

$ 2,556,899

$ 2,261,462

$

995,528

$ 1,859,495

$ 7,673,384

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

1980

JOURNAL OF THE SENATE

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 .............................. .$18,664,008 Personal Services ............................................ .$15,720,708 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 ......................................... $18,664,008 State Funds Budgeted ........................................ .$18,664,008

PART II
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch................................... ..$74,187,472 Personal Services ............................................. $11,056,998 Other Operating .............................................. $61,351,345 Prosecuting Attorney's Council................................... $2,015,363 Council of Superior Court Judges ................................. $346,841 Judicial Administrative Districts ................................. $1,290,967 Georgia Magistrate Courts Training Council ....................... $148,098 Georgia Municipal Courts Training Council ......................... $14,450 Case Counting ................................................... $76,500 Board of Court Reporting ........................................ $139,869 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 ........................................ .$77,513,606 State Funds Budgeted ......................................... $74,187,472

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 6,112,968

Court of Appeals

$ 7,192,296

Superior Court

$ 55,910,873

Juvenile Court

$ 1,077,570

Institute of Continuing Judicial Education

$

711,007

Judicial Council

$ 1,758,214

Judicial Qualifications Commission

$

157,718

Indigent Defense Council

$ 3,000,000

Georgia Courts Automation Commission

$ 1,363,811

State Funds

$ 5,515,675

$ 7,142,296

$ 53,297,032

$ 1,077,570

$

711,007

$ 1,693,214

$

157,718

$ 3,000,000

$ 1,363,811

FRIDAY, MARCH 17, 1995

1981

Georgia Office Of Dispute Resolution Total

$

229,149 $

229,149

$ 77,513,606 $ 74,187,472

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services .............. $38,734,370
Personal Services ............................................. $45,039,093 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 ............................................ $3,388,100 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 ............................................................. $0 Direct Payments to Georgia Building Authority for
Operations ................................................... $781,972 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 .................................... $85,000 Total Funds Budgeted ....................................... .$180,929,466 State Funds Budgeted ........................................ .$38,734,370

Departmental Functional Budgets Total Funds

Executive Administration

$ 1,459,213

Departmental Administration

$ 3,023,590

Statewide Systems

$ 12,712,772

Space Management

$

521,505

Procurement Administration

$ 2,963,122

General Services

$

573,590

Central Supply Services

$ 18,545,827

Data Processing Services

$ 43,647,545

Motor Vehicle Services

$ 4,255,144

Communication Services

$ 77,819,780

Printing Services

$ 7,034,410

Surplus Property

$ 2,379,210

Mail and Courier Services

$ 1,278,892

Risk Management

$ 2,683,250

State Properties Commission

$

485,878

Distance Learning and Telemedicine

$

0

Office of the Treasury

$

965,336

State Funds

$

647,910

$ 2,895,078

$ 9,962,772

$

521,505

$ 2,963,122

$

0

$

0

$ 14,048,279

$

0

$ 5,850,000

$

0

$

0

$

0

$

250,000

$

485,878

$

0

$

634,424

1982

JOURNAL OF THE SENATE

State Office of Administrative Hearings

$

580,402 $

475,402

Total

$ 180,929,466 $ 38,734,370

B. Budget Unit: Georgia Building Authority ................................ $0 Personal Services ............................................. $20,980,434 Regular Operating Expenses .................................... $5,096,676 Travel .......................................................... $12,000 Motor Vehicle Purchases ......................................... $314,000 Equipment ..................................................... $310,850 Computer Charges .............................................. $110,100 Real Estate Rentals .............................................. $15,071 Telecommunications ............................................. $176,933 Per Diem, Fees and Contracts .................................... $255,000 Capital Outlay........................................................ $0 Utilities....................................................... $9,000,000 Contractual Expense ............................................. $80,000 Facilities Renovations and Repairs ...................................... $0 Total Funds Budgeted ........................................ .$36,351,064 State Funds Budgeted ................................................. $0

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

$ 13,392,346

$

0

$

0

$ 36,351,064

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 ......... $117,064 Personal Services ................................................ $97,864 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 ........................................... $117,064 State Funds Budgeted ........................................... $117,064

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture ........................ .$37,476,571
Personal Services ............................................ .$32,015,270 Regular Operating Expenses .................................... $4,530,070 Travel ......................................................... $959,114

FRIDAY, MARCH 17, 1995

1983

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 ................................................... $705,708 Payments to Georgia Development Authority ....................... $250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................................. $0 Capital Outlay........................................................ $0 Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ........................................ .$49,001,500 State Funds Budgeted ........................................ .$37,476,571

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 8,241,733 $ 7,460,733

Animal Industry

$ 15,509,681 $ 12,561,689

Marketing

$ 6,768,104 $ 3,093,104

Internal Administration

$ 6,443,897 $ 6,174,397

Fuel and Measures

$ 3,381,727 $ 3,252,027

Consumer Protection Field Forces

$ 8,074,143 $ 4,934,621

Seed Technology Total

$

582,215 $

0

$ 49,001,500 $ 37,476,571

B. Budget Unit: Georgia Agrirama Development Authority ................... $0 Personal Services ............................................... $867,358 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 .......................................... $1,366,188 State Funds Budgeted ................................................. $0

Section 7. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................... $9,237,778
Personal Services .............................................. $7,551,993
Regular Operating Expenses ..................................... $466,380

1984

JOURNAL OF THE SENATE

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 .......................................... $9,237,778 State Funds Budgeted .......................................... $9,237,778

Section 8. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$126,604,705 Personal Services ............................................. $74,622,305 Regular Operating Expenses .................................... $5,884,954 Travel ......................................................... $889,360 Motor Vehicle Purchases ......................................... $293,990 Equipment ..................................................... $363,781 Computer Charges .............................................. $243,289 Real Estate Rentals ............................................ $1,664,144 Telecommunications ............................................. $900,825 Per Diem, Fees and Contracts ................................... $5,605,100 Utilities....................................................... $2,200,745 Institutional Repairs and Maintenance ............................ $562,330 Grants to County-Owned Detention Centers ....................... $3,715,495 Service Benefits for Children .................................. .$20,243,332 Purchase of Service Contracts .................................. $13,398,930 Capital Outlay........................................................ $0 Total Funds Budgeted ....................................... .$130,588,580 State Funds .................................................$126,604,705

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 29,260,534

Milledgeville State YDC

$ 12,729,929

Augusta State YDC

$ 9,323,199

Atlanta State YDC

$ 5,676,392

Macon State YDC

$ 5,430,976

Court Services

$ 15,217,662

Community Treatment Centers

$ 2,432,564

Day Centers

$

475,427

Group Homes

$ 1,019,900

Purchased Services

$ 35,536,922

Runaway Investigation/Interstate Compact

$

962,375

Assessment and Classification

$

670,644

Youth Services Administration

$ 7,704,736

Multi-Service Centers

$ 4,147,320

Total

$ 130,588,580

State Funds

$ 28,228,534

$ 12,186,029

$ 8,765,530

$ 5,428,894

$ 5,165,195

$ 15,070,858

$ 2,432,564

$

475,427

$ 1,019,900

$ 34,736,699

$

962,375

$

670,644

$ 7,704,736

$ 3,757,320

$ 126,604,705

Section 9. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $34,348,807 Personal Services .............................................. $5,964,998 Regular Operating Expenses ..................................... $334,240

FRIDAY, MARCH 17, 1995

1985

Travel ......................................................... $170,205 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $7,180 Computer Charges .............................................. $146,005 Real Estate Rentals ............................................. $513,430 Telecommunications .............................................. $49,090 Per Diem, Fees and Contracts .................................... $217,000 ARC Revolving Loan Fund ............................................. $0 Contracts for Regional Planning and Development ................. $2,272,825 Local Assistance Grants ........................................ $6,442,338 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 ........................ $774,059 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 ............ $2,305,898 Regional Economic Business Assistance Grants .................... $1,000,000 Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $216,138 Business Flood Disaster Recovery Program............................... $0 EZ/EC Administration ........................................... $225,000 Capital Felony Expenses ............................................... $0 Total Funds Budgeted ......................................... $66,844,296 State Funds Budgeted ........................................ .$34,348,807

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 30,204,884

Planning, Information and Management Division

$ 3,880,669

Business and Financial Assistance Division

$ 32,758,743

Total

$ 66,844,296

State Funds $ 28,930,817
$ 3,707,663 $ 1,710,327 $ 34,348,807

Section 10. Department of Corrections. A. Budget Unit: Administration Institutions and Probation ......... .$682,249,089
Personal Services ........................................... .$472,374,436 Regular Operating Expenses ................................... $56,134,874 Travel ....................................................... .$2,202,700 Motor Vehicle Purchases ........................................ $3,128,720 Equipment .................................................... $4,498,745 Computer Charges ............................................. $5,530,990 Real Estate Rentals ............................................ $5,921,101 Telecommunications ............................................ $6,930,550 Per Diem, Fees and Contracts ................................... $8,059,901 Capital Outlay................................................. $3,834,450 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

1986

JOURNAL OF THE SENATE

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 .................................................... $366,244
Minor Construction Fund ........................................ $734,000 Total Funds Budgeted ....................................... .$690,629,167 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$682,249,089

Administration

Departmental Functional Budgets Total Funds
$ 81,814,692

State Funds $ 80,060,282

Institutions and Support

$ 497,741,526 $ 494,484,033

Probation

$ 111,072,949 $ 107,704,774

Total

$ 690,629,167 $ 682,249,089

B. Budget Unit: Board of Pardons and Paroles ...................... $41,369,832 Personal Services ............................................. $33,181,024 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 ......................................... $41,369,832 State Funds Budgeted ........................................ .$41,369,832

Section 11. Department of Defense. Budget Unit: Department of Defense ............................... $4,694,610 Personal Services .............................................. $9,171,902
Regular Operating Expenses .................................... $6,644,215 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 ......................................... $16,422,473 State Funds Budgeted .......................................... $4,694,610

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,421,624

Georgia Air National Guard

$ 5,078,563

Georgia Army National Guard

$ 9,922,286

Total

$ 16,422,473

State Funds

$ 1,288,020

$

332,380

$ 3,074,210

$ 4,694,610

FRIDAY, MARCH 17, 1995

1987

Section 12. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations: ............ $3,702,945,970
Personal Services .............................................$36,649,409 Regular Operating Expenses .................................... $5,568,020 Travel ........................................................ $1,145,152 Motor Vehicle Purchases ......................................... $139,665 Equipment ..................................................... $341,214 Computer Charges ............................................. $7,792,978 Real Estate Rentals ............................................ $1,514,966 Telecommunications ............................................ $1,280,329 Per Diem, Fees and Contracts .................................. $18,218,402 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 Vocational Education Laboratories ............................ .$111,169,887 Special Education ........................................... .$329,549,291 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 .......................... .$150,155,595 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 ............................. $8,899,461 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 Counselors .................................................... $6,661,809 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

1988

JOURNAL OF THE SENATE

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 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 ............................................ $3,000,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $50,000 Technology Specialist......................................... .$12,827,367 Total Funds Budgeted ...................................... $4,204,405,398 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $3,702,945,970

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 7,393,770 $ 6,591,747

Instructional Services

$ 23,566,326 $ 18,920,099

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 Local Programs

$

902,314 $

902,314

$ 4,131,142,778 $ 3,643,619,324

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

$ 4,204,405,398 $ 3,702,945,970

B. Budget Unit: Lottery for Education............................ .$181,656,245 Pre-Kindergarten for 4-year-olds .............................. .$157,646,245 Applied Technology Labs............................................... $0 Next Generation Schools ......................................... $500,000

FRIDAY, MARCH 17, 1995

1989

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............................................... .$13,000,000 Post Secondary Options ......................................... $1,200,000 Learning Logic Sites............................................ $1,000,000 Media Center/Library Equipment ................................ $2,160,000
Total Funds Budgeted ....................................... .$181,656,245 State Funds Budgeted ....................................... .$181,656,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement ...................................... $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 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 ............................... .$36,533,648 Personal Services .............................................$30,021,438 Regular Operating Expenses .................................... $5,931,009 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 ........................................ .$41,400,909 State Funds Budgeted ......................................... $36,533,648

Departmental Functional Budgets Total Funds

Reforestation

$ 1,777,188

Field Services

$ 35,453,642

General Administration and Support

$ 4,170,079

Total

$ 41,400,909

State Funds

$

26,304

$ 32,505,420

$ 4,001,924

$ 36,533,648

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $46,352,276 Personal Services .............................................$33,685,416 Regular Operating Expenses .................................... $4,061,588

1990

JOURNAL OF THE SENATE

Travel ......................................................... $524,727 Motor Vehicle Purchases ......................................... $830,397 Equipment .................................................... $1,786,463 Computer Charges .............................................. $761,736 Real Estate Rentals ............................................ $2,063,323 Telecommunications ............................................. $885,811 Per Diem, Fees and Contracts ................................... $1,243,815 Evidence Purchased ............................................. $509,000 Capital Outlay ........................................................ $0 Total Funds Budgeted ........................................ .$46,352,276 State Funds Budgeted ........................................ .$46,352,275

Departmental Functional Budgets Total Funds

Administration

$ 3,778,310

Investigative

$ 24,315,275

Georgia Crime Information Center

$ 8,339,238

Forensic Sciences

$ 9,919,453

Total

$ 46,352,276

State Funds $ 3,778,310 $ 24,315,275 $ 8,339,238 $ 9,919,453 $ 46,352,276

Section 16. Office of the Governor. A. Budget Unit: Office Of the Governor. .......................... . .$31,692,063
Personal Services ............................................. $15,412,038 Regular Operating Expenses ..................................... $995,619 Travel ......................................................... $304,734 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $108,346 Computer Charges .............................................. $685,977 Real Estate Rentals ............................................ $1,019,100 Telecommunications ............................................. $378,556 Per Diem, Fees and Contracts ................................... $5,103,427 Cost of Operations ............................................. $3,512,745 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 ........................................ .$39,140,145 State Funds Budgeted ......................................... $31,692,063

Departmental Functional Budgets Total Funds

Governor's Office

$ 7,217,745

Office of Fair Employment Practices

$

993,023

Office of Planning and Budget

$ 7,982,873

State Funds

$ 7,217,745

$

835,023

$ 7,982,873

FRIDAY, MARCH 17, 1995

1991

Council for the Arts Office of Consumer Affairs Vocational Education Advisory Council Office of Consumers' Utility Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of State Olympic Coordination Total

5,332,770 2,858,219
356,491 591,704 1,351,302 1,900,826 320,864 4,828,157 5,179,611 226,560 39,140,145

4,546,670 2,858,219
89,065 591,704 411,983 547,826 320,864 4,828,157 1,235,374 226,560 31,692,063

Section 17. Department of Human Resources. A. Budget Unit: Departmental Operations ........................ .$710,265,627
1. General Administration and Support Budget: Personal Services .............................................$52,015,872 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 ................................. .$36,680,743 Institutional Repairs and Maintenance ............................. $73,440 Postage ....................................................... $1,002,368 Payments to DMA-Community Care ............................. $15,826,037 Total Funds Budgeted ....................................... .$171,510,692 Indirect DOAS Services Funding.................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 6,450,406

Budget Administration

$ 2,109,121

Office of Children and Yout;hh

$ 46,878,658

Administrative Support Servviicces

$ 20,190,555

Facilities Management

$ 5,600,530

Administrative Appeals

$ 2,051,883

Regulatory Services--P: am Direction and Support

$ 1,192,636

Child Care Licensing

$ 2,986,341

Health Care Facilities Reguilation

$ 9,487,377

Fraud and Abuse

$ 6,224,787

Financial Services

$ 6,161,808

Auditing Services

$ 1,847,154

State Funds $ 5,793,207 $ 2,109,121 $ 34,994,603 $ 18,547,401 $ 4,346,534 $ 2,051,883
$ 1,182,636 $ 2,986,341 $ 3,947,274 $ 2,319,475 $ 5,961,808 $ 1,847,154

1992

JOURNAL OF THE SENATE

Personnel Administration

1,810,640

1,810,640

Indirect Cost

0

(8,297,568)

Public Affairs

523,853

523,853

Aging Services

56,264,499

27,630,952

State Health Planning Agency

$ 1,730,444 $ 1,650,444

Total

$ 171,510,692 $ 109,405,758

2. Public Health Budget:

Personal Services ............................................. $53,551,370

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 ................................... $5,172,215

Computer Charges ............................................. $1,177,762

Telecommunications ............................................ $1,232,086

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

Crippled Children's Clinics ............................................. $0

Special Purpose Contracts........................................ $682,869

Purchase of Service Contracts ................................. .$12,186,281

Grant-ln-Aid to Counties ..................................... .$119,643,795

Institutional Repairs and Maintenance ............................. $34,500

Postage ........................................................ $123,731

Grants for Regional Maternal and Infant Care...................... $845,769

Total Funds Budgeted ....................................... .$279,656,493

Indirect DOAS Services Funding.................................. $549,718

State Funds Budgeted ....................................... .$151,789,843

Departmental Functional Budgets !"otal Funds

District Health Administration

12,169,559

Newborn Follow-Up Care

1,293,984

Dental Health

1,451,729

Stroke and Heart Attack Prevention

2,242,161

Sickle Cell, Vision and Hearing

4,301,429

High-Risk Pregnant Women and Infants

5,505,221

Sexually Transmitted Diseases

2,584,776

Family Planning

10,296,275

Malnutrition

82,463,644

Grant in Aid to Counties

61,489,732

Children's Medical Services

13,789,517

Emergency Health

3,274,089

Primary Health Care

1,980,145

Epidemiology

495,945

Immunization

987,181

State Funds

$ 12,039,884

$ 1,048,455

$ 1,241,554

$ 1,712,161

$ 3,905,127

$ 5,393,221

$

400,525

$ 5,627,978

$

0

$ 60,590,878

$ 6,960,374

$ 2,217,541

$ 1,835,982

$

345,955

$

17,244

FRIDAY, MARCH 17, 1995

1993

Community Tuberculosis Control

6,558,655

5,237,894

Maternal and Child Health Management

1,105,489

757,689

Infant and Child Health

1,363,586

505,089

Maternal Health - Perinatal

2,068,862

893,724

Chronic Disease

1,053,952

1,053,952

Diabetes

542,182

542,182

Cancer Control

4,960,352

4,960,352

Director's Office

1,072,310

875,085

Employees' Health

0

0

Health Program Management

1,916,394

1,824,179

Vital Records

1,882,812

1,653,133

Health Services Research

2,528,591

2,305,773

Environmental Health

872,038

695,945

Laboratory Services

5,566,771

5,446,771

Community Care

4,136,288

1,567,182

Community Health Management

427,606

248,157

Aids

8,722,158

4,643,406

Vaccines

11,040,507

1,202,280

Drug and Clinic Supplies

3,316,626

2,560,006

Adolescent Health

3,242,270

2,181,510

Public Health - Planning Councils

177,529

160,032

Early Intervention

12,776,128

10,674,341

Public Health-Division Indirect Cost

0

(1,535,718)

Total 3.

279,656,493

151,789,843

Rehabilitation Services Budget:

Personal Services ............................................. $73,081,291

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 ................................ .$10,829,323

Institutional Repairs and Maintenance ............................ $215,000

Utilities........................................................ $937,269

Postage ........................................................ $814,786

Total Funds Budgeted ....................................... .$141,715,580

Indirect DOAS Services Funding .................................. $100,000

State Funds Budgeted ........................................ .$24,247,831

1994

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

State Funds

District Field Services

$ 47,367,648 $ 10,299,779

Independent Living

$ 1,018,606 $

719,491

Sheltered Employment

$ 1,717,161 $

817,687

Community Facilities

$ 9,369,483 $ 3,431,010

State Rehabilitation Facilities

$ 6,812,589 $ 1,452,195

Diversified Industries of Georgia

$

809,166 $

0

Program Direction and Support

$ 4,143,644 $ 1,312,832

Grants Management

$

722,458 $

722,458

Disability Adjudication

$ 33,984,616 $

0

Georgia Factory for Blind

$ 12,409,975 $

827,513

Roosevelt Warm Springs Institute

$ 23,360,234 $ 4,664,866

Total 4.

$ 141,715,580 $ 24,247,831 Family and Children Services Budget: Personal Services ............................................. $44,005,628 Regular Operating Expenses .................................... $4,430,544 Travel ......................................................... $941,517 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $379,848 Real Estate Rentals ............................................ $2,861,264 Per Diem, Fees and Contracts ................................. .$19,454,509 Computer Charges ............................................ $27,722,082 Telecommunications ............................................ $9,652,808 Children's Trust Fund .......................................... $2,201,792 Cash Benefits................................................$450,318,784 Special Purpose Contracts....................................... $4,939,195 Service Benefits for Children ................................. .$204,014,909 Purchase of Service Contracts .................................. $15,530,266 Postage ....................................................... $4,637,256 Grants to County DFACS - Operations ........................ .$285,051,896 Total Funds Budgeted ...................................... $1,076,142,298 Indirect DOAS Services Funding................................. $2,565,582 State Funds Budgeted ....................................... .$424,822,195

Departmental Functional Budgets Total Funds

Director's Office

551,661

Social Services

4,312,973

Administrative Support

6,705,847

Quality Assurance

3,858,939

Community Services

12,160,182

Field Management

1,149,049

Human Resources Management

2,057,539

Public Assistance

31,896,839

Child Support Recovery

59,709,900

AFDC Payments

438,479,664

SSI--Supplemental Benefits

100

Refugee Programs

2,799,420

State Funds

$

551,661

$ 3,917,780

$ 5,393,171

$ 3,858,939

$

923,957

$ 1,149,049

$ 1,867,917

$ 14,148,713

$ 4,834,840

$ 166,709,968

$

100

$

0

FRIDAY, MARCH 17, 1995

1995

Energy Benefits County DFACS Operations--Eligibility County DFACS Operations--Social Services Food Stamp Issuance County DFACS Operations--Homemakers
Services County DFACS Operations--Joint and
Administration County DFACS Operations--Employability
Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach--Contracts Special Projects Children's Trust Fund Indirect Cost Total

$ 9,893,600 $

0

$ 113,919,026 $ 56,892,944

$ 87,946,600 $ 31,527,769

$ 3,190,752 $

0

$ 8,034,943 $ 2,456,667

$ 61,607,240 $ 31,354,234

$ 13,544,087

$ 28,898,186

$ 3,190,503

$ 37,078,856

$ 10,625,850

$ 2,339,602

$ 10,978,269

$ 11,544,785

$ 105,227,651

$

156,620

$ 2,081,823

$ 2,201,792

$

0

$ 1,076,142,298

$ 5,211,640

$ 11,695,177

$ 2,420,990

$ 24,777,679

$ 8,329,504

$ 2,117,103

$ 8,237,408

$ 7,408,642

$ 32,696,098

$

156,620

$ 2,057,591

$ 2,201,792

$ (8,075,758)

$ 424,822,195

Budget Unit Object Classes: Personal Services ........................................... .$222,654,161 Regular Operating Expenses ................................... $96,156,213 Travel ........................................................ $4,389,414 Motor Vehicle Purchases ........................................ $1,774,555 Equipment .................................................... $1,198,719 Real Estate Rentals .......................................... .$13,514,435 Per Diem, Fees and Contracts .................................. $39,139,472 Computer Charges ............................................ $32,566,650 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 .......................................... $2,201,792 Cash Benefits................................................$450,318,784 Special Purpose Contracts....................................... $6,619,227 Service Benefits for Children ................................. .$250,893,567 Purchase of Service Contracts ................................. .$75,226,613 Grant-ln-Aid to Counties ..................................... .$119,643,795 Institutional Repairs and Maintenance ............................ $322,940

1996

JOURNAL OF THE SENATE

Utilities ........................................................ $937,269 Postage ....................................................... $6,578,141 Payments to DMA-Community Care ............................. $15,826,037 Grants for Regional Maternal and Infant Care...................... $845,769 Grants to County DFACS--Operations ........................ .$285,051,896 B Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................... .$503,305,440 Personal Services ........................................... .$367,486,851 Operating Expenses ........................................... $61,336,021 Motor Vehicle Equipment Purchases .............................. $847,000 Utilities..................................................... .$12,310,286 Major Maintenance and Construction............................. $2,021,190 Community Services......................................... .$272,400,359 Total Funds Budgeted ........................................ $716,401,707 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$503,305,440

Departmental Functional Budgets Total Funds

Southwestern State Hospital

40,792,945

Brook Run

33,252,924

Georgia Mental Health Institute

27,526,271

Georgia Regional Hospital at Augusta

22,348,015

Northwest Regional Hospital at Rome

28,934,664

Georgia Regional Hospital at Atlanta

29,746,126

Central State Hospital

146,751,101

Georgia Regional Hospital at Savannah

19,427,838

Gracewood State School and Hospital

51,652,648

West Central Regional Hospital

19,807,663

Outdoor Therapeutic Programs

3,846,635

Metro Drug Abuse Centers

1,610,633

Community Mental Health Services

123,716,464

Community Mental Retardation Services

102,125,861

Community Substance Abuse Services

51,086,233

State Administration

10,107,865

Regional Administration

3,667,821

Total

716,401,707

State Funds $ 25,677,675 $ 14,543,596 $ 25,608,469 $ 20,461,123 $ 21,471,929 $ 25,191,135 $ 86,804,338 $ 17,746,517 $ 22,329,112 $ 17,021,424 $ 2,937,700 $ 1,415,133 $ 117,482,497 $ 65,810,955 $ 28,412,745 $ 6,723,271 $ 3,667,821 $ 503,305,440

Section 18. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism .......... .$25,876,096 Personal Services .............................................. $9,405,142 Regular Operating Expenses .................................... $1,621,570 Travel ......................................................... $360,000 Motor Vehicle Purchases .......................................... $59,978 Equipment ..................................................... $142,672 Computer Charges .............................................. $154,666 Real Estate Rentals ............................................ $1,042,415 Telecommunications ............................................. $302,000 Per Diem, Fees and Contracts ................................... $1,343,178 Local Welcome Center Contracts .................................. $181,600 Marketing.. ................................................. .$10,859,580

FRIDAY, MARCH 17, 1995

1997

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 ......................................... $26,805,896 State Funds Budgeted ......................................... $25,876,096

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 15,412,679 $ 4,645,599 $ 1,694,389 $ 5,053,229 $ 26,805,896

State Funds $ 14,792,879 $ 4,545,599 $ 1,694,389 $ 4,843,229 $ 25,876,096

Section 19. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,756,518 Personal Services ............................................. $13,982,959 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 ........................................ .$17,063,318 State Funds Budgeted ......................................... $15,756,518

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,263,447

Insurance Regulation

$ 6,820,532

Industrial Loans Regulation

$

551,813

Fire Safety and Mobile Home Regulations

$ 5,427,526

Total

$ 17,063,318

State Funds

$ 4,263,447

$ 6,820,532

$

551,813

$ 4,120,726

$ 15,756,518

Section 20. Department of Labor. Budget Unit: Department of Labor ................................. $7,942,762 Personal Services ............................................ .$68,510,067 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 ....................................... .$163,894,364

1998

JOURNAL OF THE SENATE

State Funds Budgeted .......................................... $7,942,762

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,192,936

Employment and Training Services

$ 134,701,428

Total

$ 163,894,364

State Funds $ 5,421,641 $ 2,521,121 $ 7,942,762

Section 21. Department of Law. Budget Unit: Department of Law ................................. $12,248,879 Personal Services ............................................. $11,046,739 Regular Operating Expenses ..................................... $610,488 Travel ......................................................... $129,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $65,240 Computer Charges .............................................. $360,793 Real Estate Rentals ............................................. $504,813 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts .................................... $150,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$13,154,819 State Funds Budgeted ........................................ .$12,248,879

Section 22. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,202,531,154
Personal Services ............................................. $14,972,985 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................ $3,338,926,348 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,456,148,555 State Funds Budgeted ...................................... $1,202,531,154

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 61,232,434

Benefits, Penalties and Disallowances

$ 3,338,926,348

Long Term Care

$ 1,259,211

Systems Management

$ 33,326,976

Professional Services

$ 2,331,319

Maternal and Child Health

$ 1,046,308

Financial and Hospital Reimbursement

$ 4,914,710

Nursing Home Reimbursement

$ 6,329,237

Managed Care

$ 1,725,946

Legal and Regulatory

$ 5,056,066

Total

$ 3,456,148,555

State Funds

$ 2,826,097

$ 1,178,597,996

$

453,498

$ 10,312,656

$

995,004

$

439,449

$ 2,420,877

$ 3,164,618

$

792,926

$ 2,528,033

$ 1,202,531,154

FRIDAY, MARCH 17, 1995

1999

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 .............................................. $8,564,000 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 Health Insurance Payments .................................. .$858,178,798 Total Funds Budgeted ...................................... $1,032,668,020 Other Agency Funds............................................. $142,256 Agency Assessments.......................................... .$11,875,396 Employee and Employer Contributions ....................... $1,020,494,396 Deferred Compensation .......................................... $155,972 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 3,036,925

Applicant Services

$ 2,587,089

Classification and Compensation

$ 1,363,169

Flexible Benefits

$ 1,317,101

Employee Training and Development

$ 1,319,859

Health Insurance Administration

$ 1,019,564,515

Accounting and Audits

$

928,350

Administration and Systems

$ 2,551,012

Total

$ 1,032,668,020

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................. $92,677,562 Personal Services ............................................ .$72,346,726 Regular Operating Expenses .................................. .$15,299,301 Travel ......................................................... $534,933 Motor Vehicle Purchases ........................................ $2,469,914 Equipment .................................................... $2,532,611 Real Estate Rentals ............................................ $2,581,324 Per Diem, Fees and Contracts ................................... $3,135,758 Computer Charges .............................................. $864,113 Telecommunications ............................................ $1,260,624 Authority Lease Rentals .......................................... $40,000 Advertising and Promotion ....................................... $200,000 Cost of Material for Resale ...................................... $2,645,300
Capital Outlay: New Construction ............................................... $943,810 Repairs and Maintenance ....................................... $2,719,500 Land Acquisition Support ........................................ $225,000

2000

JOURNAL OF THE SENATE

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................................. $279,545 U.S. Geological Survey for Ground Water Resources................. $300,000 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............. $2,281,543 Payments to Mclntosh County .................................... $100,000
Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ....................................... .$132,818,141
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 ........................................ .$92,677,562

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,649,615 $ 3,649,615

Program Support

$ 2,555,848 $ 2,555,848

Historic Preservation

$ 2,351,344 $ 1,861,344

Parks, Recreation and Historic Sites

$ 41,567,320 $ 16,459,854

Coastal Resources

$ 2,430,445 $ 2,309,936

Wildlife Resources

$ 35,290,759 $ 30,546,338

Environmental Protection

$ 43,733,688 $ 34,055,505

Pollution Prevention Program

$ 1,239,122 $ 1,239,122

Total

$ 132,818,141 $ 92,677,562

B. Budget Unit: Georgia Agricultural Exposition Authority ................... $0 Personal Services .............................................. $2,281,819 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

FRIDAY, MARCH 17, 1995

2001

Total Funds Budgeted .......................................... $4,872,456 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,872,456

State Funds

$

0

Section 25. Department of Public Safety.
A. Budget Unit: Department of Public Safety ..................... .$101,499,190 1. Operations Budget: Personal Services .............................................$59,895,729 Regular Operating Expenses .................................... $7,838,000 Travel ......................................................... $145,742 Motor Vehicle Purchases ........................................ $4,435,930 Equipment ..................................................... $605,752 Computer Charges ............................................. $3,701,067 Real Estate Rentals .............................................. $23,116 Telecommunications ............................................ $1,418,147 Per Diem, Fees And Contracts ................................... $3,249,086 State Patrol Posts Repairs and Maintenance ....................... $150,000 Capital Outlay........................................................ $0 Conviction Reports ................................................ $3,500 Total Funds Budgeted ......................................... $81,466,069 Indirect DOAS Service Funding..................................$1,650,000 State Funds Budgeted ......................................... $79,816,069 2. Driver Services Budget: Personal Services ............................................ .$17,085,371 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 ........................................ .$21,683,121 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ........................................ .$21,683,121

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 21,728,257 $ 20,228,257

Driver Services

$ 21,683,121 $ 21,683,121

Field Operations

$ 59,737,812 $ 59,587,812

Total

$ 103,149,190 $ 101,499,190

B. Budget Unit: Units Attached for Administrative Purposes Only. ............................................\.............$14,635,111 Attached Units Budget: Personal Services ............................................ .$10,215,092 Regular Operating Expenses .................................... $2,971,186 Travel ......................................................... $132,300

2002

JOURNAL OF THE SENATE

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 ................................... $932,505 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $18,688,851 State Funds Budgeted ........................................ .$14,635,111

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,241,870

Georgia Peace Officers Standards and Training $ 5,743,163

Police Academy

$ 1,116,282

Fire Academy

$ 1,202,250

Georgia Firefighters Standards and Training Council

$

444,494

Georgia Public Safety Training Facility

$ 6,940,792

Total

$ 18,688,851

State Funds

$

318,130

$ 5,743,163

$ 1,046,282

$ 1,092,250

$

444,494

$ 5,990,792

$ 14,635,111

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............................ $8,757,763 Personal Services .............................................. $7,033,660 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 ......................................... $10,698,937 State Funds Budgeted .......................................... $8,757,763

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,911,504 $ 3,530,828 $ 5,256,605 $ 10,698,937

State Funds $ 1,911,504 $ 1,793,468 $ 5,052,791 $ 8,757,763

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................ $1,081,433,473
Personal Services:

FRIDAY, MARCH 17, 1995

2003

Educ., Gen., and Dept. Svcs ................................. $1,157,829,143 Sponsored Operations ....................................... .$202,917,763 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$289,713,286 Sponsored Operations ....................................... .$145,787,679 Special Funding Initiative...................................... $15,314,094 Office of Minority Business Enterprise ............................. $994,628 Student Education Enrichment Program ........................... $364,360 Forestry Research............................................... $362,508 Research Consortium ........................................... $5,000,000 Capital Outlay........................................................ $0 Total Funds Budgeted ...................................... $1,818,283,461 Departmental Income.......................................... $42,000,000 Sponsored Income ........................................... .$348,705,442 Other Funds.................................................$343,117,246 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ...................................... $1,081,433,473 B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$170,400,400 Personal Services: Educ., Gen., and Dept. Svcs ................................... $262,553,904 Sponsored Operations ........................................ .$69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs ................................... $126,767,428 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................................................... $35,000 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 ................................... $14,227,443 Total Funds Budgeted ....................................... .$545,184,358 Departmental Income.................................................. $0 Sponsored Income ........................................... .$109,330,000 Other Funds.................................................$264,898,258 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$170,400,400

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 $

State Funds 1,345,184 1,532,120 988,994

2004

JOURNAL OF THE SENATE

Georgia Tech Research Institute

$ 116,731,291 $ 13,708,799

Education Extension Services

$ 10,733,002 $ 2,547,910

Agricultural Experiment Station

$ 57,036,775 $ 36,448,122

Cooperative Extension Service

$ 47,836,216 $ 30,023,899

Medical College of Georgia Hospital and Clinics $ 245,207,899 $ 31,697,885

Veterinary Medicine Experiment Station

$ 2,731,531 $ 2,731,531

Veterinary Medicine Teaching Hospital

$ 2,746,641 $

512,595

Joint Board of Family Practice

$ 23,790,701 $ 23,790,701

Georgia Radiation Therapy Center

$ 2,920,000 $

0

Athens, and Tifton Veterinary Laboratories

$ 3,121,122 $

121,122

Regents Central Office

$ 24,698,753 $ 24,596,938

Office of Technology Policy

$

354,600 $

354,600

Total

$ 545,184,358 $ 170,400,400

C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $8,428,471 Operating Expenses ........................................... $14,858,307 Total Funds Budgeted ........................................ .$23,286,778 Other Funds..................................................$23,286,778 State Funds Budgeted ................................................. $0
D. Budget Unit: Lottery for Education ............................. $80,570,611 Equipment, Technology and Construction Trust Fund ............. $18,000,000 Capital Outlay--Georgia Military College ......................... $3,500,000 Capital Outlay--Georgia College.................................. $300,000 Georgia Research Alliance...................................... $28,917,000 Capital Outlay--Albany State College ............................ $3,639,611 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 ................. $1,500,000 Total Funds Budgeted ........................................ .$80,570,611 Lottery Funds Budgeted ...................................... .$80,570,611

Section 29. Department of Revenue. Budget Unit: Department of Revenue.............................. $95,619,590 Personal Services .............................................$57,889,998
Regular Operating Expenses .................................... $5,531,584 Travel ........................................................ $1,382,540 Motor Vehicle Purchases ......................................... $242,843 Equipment ..................................................... $718,220 Computer Charges ........................................... .$14,317,520 Real Estate Rentals ............................................ $2,830,695 Telecommunications ............................................ $3,136,805 Per Diem, Fees and Contracts .................................... $575,300 County Tax Officials/Retirement and FICA ........................ $3,358,795 Grants to Counties/Appraisal Staff ...................................... $0
Motor Vehicle Tags and Decals .................................. $6,458,350 Postage ....................................................... $3,877,810 Total Funds Budgeted ....................................... .$100,320,460 Indirect DOAS Services Funding................................. $3,845,000

FRIDAY, MARCH 17, 1995

2005

State Funds Budgeted ......................................... $95,619,590

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,901,246

Internal Administration

$ 11,795,557

Electronic Data Processing

$ 9,908,400

Field Services

$ 18,614,516

Income Tax Unit

$ 7,981,607

Motor Vehicle Unit

$ 24,799,242

Central Audit Unit

$ 7,622,058

Property Tax Unit

$ 4,490,697

Sales Tax Unit

$ 4,191,469

State Board of Equalization

$

46,000

Taxpayer Accounting

$ 3,969,668

Total

$ 100,320,460

State Funds

$ 6,901,246

$ 11,595,557

$ 9,093,200

$ 18,314,516

$ 7,281,607

$ 23,499,242

$ 7,622,058

$ 3,434,827

$ 3,861,669

$

46,000

$ 3,969,668

$ 95,619,590

Section 30. Secretary of State. A. Budget Unit: Secretary Of State ............................. .$28,702,778 Personal Services .............................................$17,478,043 Regular Operating Expenses .................................... $3,973,431 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 ........................................ .$29,747,778 State Funds Budgeted ........................................ .$28,702,778

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,655,132 $ 3,625,132

Archives and Records

$ 5,111,689 $ 5,036,689

Business Services and Reguilation

$ 5,035,065 $ 4,265,065

Elections and Campaign Diissclosure

$ 4,266,357 $ 4,246,357

Drugs and Narcotics

$ 1,144,112 $ 1,144,112

State Ethics Commission

$

382,802 $

382,802

State Examining Boards

$ 10,082,621 $ 9,932,621

Holocaust Commission

$

70,000 $

70 000

Total

$ 29,747,778 $ 28,702,778

B.

Estate Commission

$2,149,663

....... $1,266,704

Regular Operating Expenses ..................................... $157,100

Travel .......................................................... $15,000

Motor Vehicle Purchases .......................................... $23,000

Equipment ...................................................... $10,631

2006

JOURNAL OF THE SENATE

Computer Charges .............................................. $335,622 Real Estate Rentals ............................................. $165,300 Telecommunications .............................................. $41,556 Per Diem, Fees and Contracts .................................... $134,750 Total Funds Budgeted .......................................... $2,149,663 State Funds Budgeted .......................................... $2,149,663

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,149,663 $ 2,189,663

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. .............. $2,182,494 Personal Services .............................................. $1,054,598 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 .......................................... $2,350,955 State Funds Budgeted .......................................... $2,182,494

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $30,774,366
Personal Services ..............................................$5,097,032 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 ........................................ .$39,219,462 State Funds Budgeted ......................................... $30,774,366

Departmental Functional Budgets Total Funds

Internal Administration

$ 5,547,664

Higher Education Assistance Corporation

$

0

Georgia Student Finance Authority

$ 32,662,460

State Funds

$

0

$

0

$ 30,224,718

FRIDAY, MARCH 17, 1995

2007

Georgia Nonpublic Postsecondary Education Commission
Total

$ 1,009,338 $

549,648

$ 39,219,462 $ 30,774,366

B. Budget Unit: Lottery for Education............................ .$119,081,000 Hope Financial Aid--Tuition ................................... $52,195,950 Hope Financial Aid--Books .................................... $14,417,200 Hope Financial Aid--Fees....................................... $7,906,850 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 ....................................... .$119,081,000 Lottery Funds Budgeted ..................................... .$119,081,000

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 ..... .$166,597,224
Personal Services .............................................. $4,126,803 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 ................................. $114,178,595 Operating Expenses-Institutions ................................ $22,447,798 Capital Outlay........................................................ $0 Quick Start Program ........................................... $6,544,505 Area School Program ......................................... .$29,779,795 Regents Program...............................................$2,957,857 Adult Literacy Grants ......................................... .$17,685,945 Total Funds Budgeted ....................................... .$200,177,833 State Funds Budgeted ....................................... .$166,597,224

2008

JOURNAL OF THE SENATE

Administration

Departmental Functional Budgets Total Funds
$ 6,583,338

State Funds $ 4,654,66!

Institutional Programs

$ 193,594,495 $ 161,942,563

Total

$ 200,177,833 $ 166,597,224

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 Aid................................... .$39,248,713

Section 35. Department of Transportation. Budget Unit: Department of Transportation ...................... .$456,746,541 Personal Services ........................................... .$250,050,159 Regular Operating Expenses ................................... $59,750,505 Travel ........................................................ $1,626,000 Motor Vehicle Purchases ........................................ $2,296,000 Equipment .................................................... $7,662,241 Computer Charges ............................................. $4,947,700 Real Estate Rentals ............................................ $1,317,373 Telecommunications ............................................ $2,384,080 Per Diem, Fees and Contracts ................................. .$45,394,107 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................ $105,000 Total Funds Budgeted ...................................... $1,099,193,717 State Funds Budgeted ....................................... .$456,746,541

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

General Funds Budget

Planning and Construction Air Transportation

$

0

$ 1,734,811

Inter-Modal Transfer Facilities

$ 18,524,687

Harbor/Intra-Coastal Waterways Activities

$

765,000

Total

$ 21,024,498

Section 36. Department of Veterans Service. Budget Unit: Department Of Veterans Service . . Personal Services .........................

State Funds

$ 180,579,837 $ 226,400,337 $ 14,393,830 $ 23,625,996 $ 445,000,000

$

0

$ 1,347,811

$ 9,633,730

$

765,000

$ 11,746,541

$24,343,698 $4,950,939

FRIDAY, MARCH 17, 1995

2009

Regular Operating Expenses ..................................... $138,700 Travel .......................................................... $82 000 Motor Vehicle Purchases .......................................... $19 275 Equipment ..................................................... $189 500 Computer Charges ............................................... $25 000 Real Estate Rentals ............................................. $242 700 Telecommunications .............................................. $62 200 Per Diem Fees and Contracts...................................... $24 500 Operating Expense/Payments to Central State Hospital........... .$18,007,792 Operating Expense/Payments to Medical College of Georgia ........ $7,279,376 Regular Operating Expenses for Projects and Insurance ............. $627,000 Total Funds Budgeted ........................................ .$31,648,982 State Funds Budgeted ........................................ .$24,343,698

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 5,638,514

Veterans Home and Nursing Facility-- Milledgeville

$ 18,551,092

Veterans Nursing Home-Augusta

$ 7,459,376

Total

$ 31,648,982

State Funds $ 5,367,014
$ 13,717,308 $ 5,259,376 $ 24,343,698

Section 37. Workers Compensation Board. Budget Unit: Workers Compensation Board ....................... .$10,454,185 Personal Services .............................................. $8,300,378 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 ...................................... $101,413 Total Funds Budgeted ........................................ .$10,644,185 State Funds Budgeted ........................................ .$10,645,185

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)................................. .$295,007,565 Motor Fuel Tax Funds (Issued) ................................ .$70,000,000 $365,007,565

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ................................... .$52,995,920 Motor Fuel Tax Funds (New)........................................... $0 $52,995,920

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

2010

JOURNAL OF THE SENATE

the State of Georgia, including salaries and retirement contributions for judges and em ployees 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 Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staging and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts 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 Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, 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 City ofVidalia Tift County Gwinnett County Board of Education
City of Columbus
City of Atlanta
Chattooga Valley Regional Library System
City of Columbus
City of Graham Operations of City of Graham
Berrien County Commission City of Union Point
City of Rome
City of Cave Spring Cobb County
City of Milan Laurens County Board of Education
Bleckley County Board of Education

Purpose
Operations of Tourism Program Construction of Mid-Step Building Installation of Ballfield Lights at
North Gwinnett High School Furniture and Equipment for New
Horizons Community Service Board Operation of Public Access and
Teacher Preparation Programs at Clark Atlanta University Purchase of Bookmobile and Delivery Van Repairs and Maintenance for Springer Opera House Correctional Facility
Renovation of Historic Jail Video Monitoring and Surveilance
Equipment Renovations for Sara Hightower
Regional Library Improvements for Rolator Park Refurbishment and Restoration of B-
29 Operations of Milan Arts Center Renovate and equip Computer Room
at S.W. Laurens Elementary School Construction of a Classroom Building

Amount $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

FRIDAY, MARCH 17, 1995

2011

City of Augusta
Lamar County Board of Commissioners
City of Atlanta Board of Education
City of Garden City Ware County Newton County City of LaGrange
Crisp County Board of Education Bibb County
Jenkins County Board of Education Lowndes County Stewart County
Worth County Board of Commissioners
Turner County Board of Education
Turner County Board of Education
City of Atlanta
Mitchell County Board of Education
Wayne County Irwin County
Muscogee County
Dooly County
Macon County Board of Education
Stephens County Board of Education City of Lavonia Monroe County City of Loganville DeKalb County
DeKalb County City of Dalton
Clayton County Board of Education Washington County
Washington County
Bibb County

Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta
Installation of Fire Hydrants and water lines
Renovation to Capitol View Elementary School
Purchase of Fire Truck Reimbursement for Legal Expenses Repairs to the Gym/Civic Center Renovations to Dawson Street School
in LaGrange Construction of Greenhouse Operation of Georgia Project
Learning Tree Construction of Livestock Facility Construction of Health Clinic Restoration to the Historic Well's
House Additional Construction of Worth
County Agricultural/Livestock Pavillion Operating Expenses for Turner County Library Construction of Bleachers for Turner County High School Football Stadium Operations of Comprehensive Youth Services Construction of High School Greenhouse Operation of Motherhood and Beyond Construction of a Livestock and 4-H FFA Training Facility for Irwin and Ben Hill Renovations to Tender Love and Care Home Byromville Water System improvements Roof Repairs to Industrial Art Building Operation of Medical Station Water System Improvements Feasibility Study for Bicycle Trail Repairs for Library Operations of Brown's Mill Recreation Operation of Youthbuild Operations of Northwest Georgia Girl's Home Services provided by Worktec Renovations to the T.J. Elder Community Center Renovations to Technology Training Facility Preservation of Hay House

$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
$5,000
$20,000
$79,489
$40,000
$30,000 $75,000
$10,000
$10,000
$15,000
$25,000 $25,000 $10,000 $15,000 $35,000
$5,000 $50,000
$125,000 $10,000
$40,000
$75,000

2012

JOURNAL OF THE SENATE

Athens/Clarke County Wayne County
Wayne County Armstrong State College
Rockdale County
City of Atlanta Board of Education
City of Kite Emanuel County Board of Education City of Savannah Chattooga County Water Authority
Chattooga County
Laurens County Board of Education
Laurens County Board of Education
Catoosa County Hart County Effingham County Board of
Education Bibb County
Bibb County
Bibb County Crawford County Commissioners City of Quitman City of Quitman
Brooks County
Bibb County
Hall County Hall County
Mitchell County Echols County Board of Education
Clinch County Board of Education Lanier County Board of Education Sumter County
Brantley County Butts County Glynn County
DeKalb County
Bacon County

Renovation to Athens Airport
Construction of Additional Facilities for the Recreational Department
Renovation to the Courthouse
To Operate the Troops to Teachers Program
Purchase of Public Library Equipment
Operations of Atlanta Writing Resource Center
Renovation of City Hall Building
Construction of Athletic Complex
Repairs for Historic Railroad Shops Water Projects for Rural Chattooga
County
Purchase of Elderly Calling Equipment
Renovation or Construction for Health Classroom Annex
Construction of Annex at West Laurens High School
Construction of Animal Shelter Construction of Recreational Complex
Construction of Effingham Media Centers
Operations of Booker T. Washington Community Center
Operations of Ruth Hartley Mosley Center for Women
Operations of Macon Little League
Water and Sewer Improvements
Construction of Recreational Center Historical Preservation of Beulah
Baptist Church Repairs for Simmon Hill Community
and Recreation Center
Operations of Macon Museum of Arts and Science
Operations of Mentoring Program
Renovations to EE Butler Community Center
Construction of Agri-Center Completion of Covered Walkway
System Completion of Education Facility Expansion to Education Facility Construction of New Recreation
Complex Prosecution of Capital Offense Case Courthouse Renovations Operations of SHARE Rehabilitation
Program Operation of Center for Visually
Impaired Prosecution of Capital Offense Case

$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 $18,000 $15,000
$10,000
$50,000
$20,000 $25,000
$25,000 $15,000
$15,000 $15,000 $50,000
$35,000 $25,000 $15,000
$50,000
$35,000

FRIDAY, MARCH 17, 1995

2013

City of Columbus Muscogee County Muscogee County Muscogee County Catoosa County City of Madison City of Atlanta Fulton County Fulton County City of Broxton City of Columbus
Muscogee County Fulton County
Clayton County Commissioners Rabun County Board of Education Union County City of Greenville Dooly County Houston County Board of Education City of Decatur Richmond County Houston County Houston County Wayne County City of Augusta Bibb County City of Cartersville Coweta County Burke County DeKalb County

Operation of Columbus Youth Network
Operation of Combined Communities of Southeast Columbus
Operation of Community Connection and Intervention
Operation of Two Thousand Opportunities, Inc.
Operation of Northwest Georgia Crisis Center
Operation of Madison/Morgan Culture Center
Operations of the Atlanta Respite Services, Inc.
Purchase of Van for Sr. Citizens Program
Restorations at Life Holding House Renovations to the Fire House and
Community Center To Operate Play and Learn Together
Program at Baker Village and Canty Homes To Operate Columbus Community Center To Operate Community of Care Delivery System for At-Risk Children Repairs to Securus House Renovation of Old Gym Operation of Day Care Center Renovations to Old Greenville Depot Planning and Construction of a Government Center Installation of Internet at Perry High School Contract for Services from Georgia School-age Care Association Purchase Property for Park in Augusta Operation of Aviation Museum Planning and Designing of an Educational Facility Operation of Wayne County Partners in Education Operating Expenses for Community Based Programs To Operate the Council on Child Abuse Operation of the Etowah Foundation Education Operation of Economic Development Information Center Operating Expenses for the Burke County Development Authority To Operate South Dekalb Business Incubator

$5,000 $25,000 $15,000 $25,000 $15,000 $25,000 $45,000 $35,000 $10,000 $40,000 $25,000
$25,000 $150,000
$10,000 $75,000 $40,000 $25,000 $100,000 $40,000 $300,000 $40,000 $200,000 $180,000 $20,000 $40,000 $50,000 $57,000 $50,000 $30,000 $25,000

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JOURNAL OF THE SENATE

Screven County Board of Education Tattnall County Board of Education Peach County
City of Rockmart
Liberty County Board of Commissioners
Mclntosh County City of Greenville City of Comer Jackson County
Floyd County City of Rome
Dawson County Lumpkin County City of Pelham
Seminole County
Early County
City of Atlanta
Candler County
Webster County
Miller County Lowndes County
Polk County Athens/Clarke County Board of
Education City of Riverdale City of Oglethorpe Macon County School System
City of Americus
City of Jonesboro City of Helena City of Eastman
City of Douglas
Atkinson County
Bleckley County
Pulaski County

For Auditorium Repairs
Construction of a Livestock Pavilion
To Operate Peach Library Literacy Mobile
For Repairs and Equipment for the Rockmart Performing Arts Theater
Repairs for Liberty County Courthouse
Multi-purpose Complex Equipment Old Greenville Depot Repairs
To Purchase a Patrol Car For Human Resources Council in
Jackson County To Operate Recycling Program Computer Equipment for Rome/Floyd
Transitional School
For Capital Offense Legal Assistance
For Capital Offense Legal Assistance Construction of an Agricultural
Facility at Pelham High School
To Construct Spring Creek Volunteer- Fire Department Facility
Roof Repairs for Early County Library
To Operate Litter Abatement Program
To Operate Litter Abatement Program
Renovations to Webster County Courthouse
Renovation of Miller County Facility Operating Expenses for Lowndes
County Health Department
For Construction of EMS Facility
Repairs to Track Surface for Cedar Shoals High School
Park Improvements To Purchase a Patrol Car
Roof Repairs for Macon County High School
For Revitilization of Downtown City of Americus
Park Improvements To Construct Recreational Complex Operating Expenses for the Middle
Georgia Easter Seal Program Equipment for the Coffee County
Humane Society To Purchase Radio and Computer
Equipment Paving for the Bleckley County
Recreation Department Operation of the Senior Citizens
Program

$20,000 $10,000 $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
$40,000
$100,000

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2015

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
City of Blackshear
Jeff Davis County
City of Toomsboro Early County
Coffee County City of Blackshear
Harris County Board of Education
City of Keysville

Operating Expenses for the Northside Fine 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 Preservatives Services Blackshear Development Authority
Operations Operating Expenses for Jeff Davis
County Hospital Authority Improvements to Water System Operation and Renovation of Art
Center Construction of Agri-Center Extension of Water System to Pierce
County Schools Extension of Water System to Harris
County Schools Operation and Renovation of
Municipal Building

$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
$50,000
$25,000
$40,000 $30,000
$40,000 $50,000
$50,000
$15,000

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 $1,720.56. 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 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.

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 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:

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Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$235

$155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

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, 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 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.

Section 44. Provisions Relative to Section 23, Merit System 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 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 exceed 8.66%.

Section 45. Provisions Relative to Section 24, Department of Natural Resources.

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 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.

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2017

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 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

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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.
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 paya ble 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 recommendations 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 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.

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2019

(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 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.
With regard to the appropriations in Section 38 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $12,294,590 is spe cifically appropriated for the purpose of financing educational facilities for county and in dependent school systems through the State Board of Education, through the issuance of not more than $125,455,000 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)", $6,678,700 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 $68,150,000 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)", $1,816,430 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 $18,535,000 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)", $1,176,000 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 $12,000,000 in principal amount of

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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)", $784,000 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 $8,000,000 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)", $357,700 is specifi cally appropriated for the purpose of financing Georgia Agricultural Exposition facilities for the Department of Natural Resources by means of the acquisition, construction, develop ment, extension, enlargement, or improvement of land, waters, property, highways, build ings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,650,000 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)", $20,400 is specifi cally appropriated for the purpose of financing projects for the Georgia Agricultural Exposi tion facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $85,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $999,600 is specifi cally appropriated for the purpose of financing projects for the Georgia International Mari time Trade Center facilities for the Department of Industry, Trade and Tourism, 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 $10,200,000 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)", $548,800 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 $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $490,000 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 $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)", $147,000 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

FRIDAY, MARCH 17, 1995

2021

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 $1,500,000 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)", $128,400 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 $535,000 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)", $62,230 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 $635,000 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)", $49,000 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 $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)", $3,332,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $34,000,000 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)", $236,670 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 $2,415,000 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)", $229,810 is specifi cally appropriated for the purpose of financing projects for the Soil and Water Conservation Commission, 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 $2,345,000 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)", $6,860,000 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

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JOURNAL OF THE SENATE

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 $70,000,000 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)", $490,000 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 $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)", $89,180 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 $910,000 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)", $3,234,000 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 $33,000,000 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)", $612,000 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 $2,550,000 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)", $254,800 is specifi cally appropriated for the purpose of financing Department of Agriculture, 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $784,000 is specifi cally appropriated for the purpose of financing improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960 in order to comply with requirements of the Americans with Disabilities Act, by means of the acquisition, construc tion, development, extension, enlargement, or improvement of land, waters, property, high ways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,000,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $490,000 is specifi cally appropriated for the purpose of financing improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960 through a program of closing, replacing, removing and otherwise remediating underground storage tanks, by

FRIDAY, MARCH 17, 1995

2023

means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $48,000 is specifi cally appropriated for the purpose of financing facilities for the Georgia Emergency Man agement Agency, 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 $200,000 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)", $2,450,000 is specifi cally appropriated for the purpose of financing facilities 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 $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)", $842,800 is specifi cally appropriated for the purpose of financing facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,600,000 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)", $244,020 is specifi cally appropriated for the purpose of financing facilities 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 $2,490,000 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)", $1,617,000 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, through the issuance of not more than $16,500,000 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)", $597,800 is specifi cally appropriated for the purpose of financing facilities 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 $6,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $2,352,000 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

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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)", $196,000 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 acqui sition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $921,200 is specifi cally appropriated for the purpose of financing facilities 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 $9,400,000 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)", $196,000 is specifi cally appropriated for the purpose of financing a regional and cultural facility in Columbus, Muscogee County, Georgia, for the State, its agencies, departments, institutions, or those state authorities which were created and activated prior to November 8, 1960, 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 $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)", $43,200 is specifi cally appropriated for the purpose of financing facilities 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 $180,000 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)", $102,000 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 $425,000 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)", $156,800 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $980,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Transporta tion by means of the acquisition, construction, development, extension, enlargement, or

FRIDAY, MARCH 17, 1995

2025

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 $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)", $83,790 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 exten sion 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 $855,000 in principal amount of General Obligation Debt the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 57. 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 5% 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 bet ter. 2.) To provide for a 5% cost of living adjustment for each state official who is eligible under Code subsection 45-7-4(b). 3.) To provide for a 5% salary increase for personnel ap pointed pursuant to Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia relating to superior courts and Chapter 18 of Title 15 of the Official Code of Georgia relating to district attorneys effective July 1,1995. 4.) 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. 5.) 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. 6.) To reassign the following job classes by one paygrade and provide a 6% increase to incumbents of all positions in these classes: Youth Development Worker and Senior Youth Development Worker. 7.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 8.) To increase the base hour rate for temporary em ployees in the Department of Revenue by 25 cents per hour..) 9.) To provide for a 5% salary increase for incumbents in the Wildlife Technician job classes. 10.) To create and improve career ladders for affected Pardons and Paroles employees by: a.) establishing the Parole Investigator and Chief Parole 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 pay grades; c.) increasing the special supplement for parole officers with intensive supervi sion caseloads. 11.) To provide 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.
The President resumed the Chair.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 202.

On the motion, 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

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JOURNAL OF THE SENATE

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 Starr
Stokes Taylor Thomas
Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Cagle

Day Glanton Gochenour

McGuire Tanksley

On the motion, the yeas were 48, nays 8; the motion prevailed, and the Senate adopted the Conference Committee report on HB 202.
The President announced that the Senate would stand in recess from 12:55 P.M. until 1:30 P.M.
Senator Ray of the 19th called the Senate to order at 1:30 P.M.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 clarify certain references to administrative law judges in such title; to make certain provisions relating to final orders and judicial review; to change and clarify the maximum duration of permits for the withdrawal, diver sion, or impoundment of surface waters and ground waters; to provide for the development of certain water development and conservation plans; to provide factors to be considered in granting such permits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Code Section 12-1-1 a new Code section to read as follows:
"12-1-2.
(a) Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative decision

FRIDAY, MARCH 17, 1995

2027

in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licensing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.
(b) Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.
(c) Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed."
SECTION 2.
Said title is further amended by striking subsection (h) of Code Section 12-5-31, relating to regulation of use of surface waters and the management of certain irrigation systems, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, (unless the applicant requests a shorter period of time), or nor more than 26 50 years, p'luvided, liow^v&r, Lliti director ni3.y ctutrioi'i/ti a ^jciiiiiL 01 durstioii 01 up to uU ys&i's in tJiG c&sci or A iiiu.iiicipciii^y 01 d/fter ^ov6nniiGiitii Dottys wi^eirG sticii pciilOQ is rGCjiiirsct to proviuG 101
The director may base the duration of such permits on any reasonable system of classifi cation based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or tor the region. Such water development and conservation plan for the applicant or for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water re source which adversely attects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director deter mines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity desig nated by the division may develop such a plan. Such regional plan shall include water development, conservation, and sustainable use and shall be based upon detailed scien tific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource."
SECTION 3.
Said title is further amended by striking in its entirety paragraph (9) of subsection (d) of Code Section 12-5-96, relating to permits for certain water use, and inserting in its place two new paragraphs to read as follows:
"(9) A regional water development conservation and sustainable use plan, where applica ble; and

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(10) Any other relevant factors."
SECTION 4.
Said title is further amended by redesignating subsections (e), (f), and (g) of Code Section 12-5-96, relating to permits for certain water use, as subsections (f), (g), and (h), respec tively, and by inserting immediately following subsection (d) of such Code section the following:
"(e) The division or a party designated by the division may develop a regional water de velopment and conservation plan for the state' s major aquifers or any portion thereof. Such plan shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer. Such plan shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91. Upon adoption of a regional plan, all per mits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division and the division may issue such permits as appropriate pending completion of a regional plan."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 12-5-97, relating to regulation of the issuance of permits to use ground waters, which reads as follows:
"(a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, no permit under Code Section 12-5-96 shall be issued for a longer period than the longer of the following:
(1) Ten years; or
(2) The period found by the division to be necessary for reasonable amortization of the applicant's water withdrawal and water-using facilities.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, permits under Code Section 12-5-96 may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classifi cation based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or for the region. Such regional plan shall promote the conservation and reuse of water within the state, guard against a shortage of water within the statjp, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division shall develop a plan as provided in subsection (e) of Code Section 12-5-96."

FRIDAY, MARCH 17, 1995

2029

SECTION 6.

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

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 202.

On the motion, 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 Crotts Dean Edge Egan

Farrow Gillis Griffin Guhl Harbison Hill Isakson James Johnson of 2nd Johnson of 1st

Land Langford Madden Newbill Pollard Ralston Slotin Stokes Tanksley Turner

Voting in the negative was Senator Day.

Those not voting were Senators:

Abernathy Blitch Bowen Broun of 46th Clay Glanton Gochenour Henson

Hooks Kemp Marable McGuire Middleton Oliver Perdue Ragan

Ray (presiding) Scott Starr Taylor Thomas Thompson Tysinger Walker

On the motion, the yeas were 31, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 202.

The following bill was taken up to consider House action thereto:

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.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved February 27,1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to change provisions relating to the designation of the second judge; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act ap proved February 27, 1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), is amended by striking Sections 1 through 1C in their entirety and inserting in lieu thereof the following:
"SECTION 1.
(a) The presiding judge of the Juvenile Court of Cobb County shall receive an annual salary of $70,980.00 to be paid in equal monthly installments from the general funds of Cobb County.
(b) The other judge of the Juvenile Court of Cobb County shall receive an annual salary of $69,480.00 to be paid in equal monthly installments from the general funds of Cobb County.
SECTION 1A.
The chief judge of the superior courts of the Cobb Judicial Circuit is authorized to ap point a second judge of the Juvenile Court of Cobb County as provided by law. Said judge shall be designated as a judge and shall be compensated as provided by subsection (b) of Section 1 of this Act.
SECTION IB.
Upon appointment of a second judge, the chief judge of the superior courts of the Cobb Judicial Circuit shall designate the senior judge in point of service of the Juvenile Court of Cobb County as presiding judge. In the event of any disagreement between said judges in any respect hereof, the decision of the presiding judge shall be controlling. In all mat ters relating to the matter of fixing, arranging for and disposing of the business of the court and court services, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the presiding judge as defined in this Act shall control. The presiding judge shall appoint the Director of Juve nile Court Services as provided by law.
SECTION 1C.
In the event a judge or judges of the juvenile court of the Cobb Judicial Circuit are ap pointed in place of the judge or judges of the Juvenile Court of Cobb County, all provi sions in this Act shall apply to the judge or judges appointed to the juvenile court of the Cobb Judicial Circuit; provided, however, that any service as a judge of the Juvenile Court of Cobb County shall be included in determining the judge senior in service of the juvenile court of the Cobb Judicial Circuit for the purposes of appointing a presiding judge."
SECTION 2.
This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 478.

FRIDAY, MARCH 17, 1995

2031

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 Brown of 26th Burton Cagle Cheeks Clay Crotts Edge Egan Farrow

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

McGuire Middleton Newbill Pollard Ragan Ralston Scott Slotin Stokes Tanksley Thompson Turner Tysinger

Voting in the negatives was Senator Day.

Those not voting were Senators:

Abernathy Broun of 46th Dean Henson Hooks

Kemp Marable Oliver Perdue Ray (presiding)

Starr Taylor Thomas Walker

On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 478.
Senator Langford of the 29th moved that Senator Kemp of the 3rd be excused from the Senate.
On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Kemp of the 3rd was excused from the Senate.
The following bill was taken up to consider House action thereto:

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.
Senator Hill of the 4th moved that the Senate insist on its amendment to HB 365.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 365.
The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

The House amendment was as follows:
Amend SB 111 by striking line 8 on page 3 in its entirety and inserting in lieu thereof the following:
"52-7-12.4"

Senator Middleton of the 50th moved that the Senate agree to the House amendment to SB 111.

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 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 Land
Langford
Madden

McGuire Middleton Newbill Pollard Ragan Ralston Scott Slotin Starr
Stokes Tanksley
Thompson Turner
Tysinger

Voting in the negative was Senator Day.

Those not voting were Senators:

Abernathy Broun of 46th Hooks Kemp (excused)

Marable Oliver Perdue Ray (presiding)

Taylor Thomas Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 111.
The following bills were taken up to consider House action thereto:

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.
Senator Thompson of the 33rd moved that the Senate insist on its amendments to HB 557.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 557.

FRIDAY, MARCH 17, 1995

2033

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.
Senator Starr of the 44th moved that the Senate adhere to its substitute to HB 246 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President Pro Tempore, who was presiding, appointed as a Committee of Conference on the part of the * Senate the following:
Senators Starr of the 44th, Griffin of the 25th and Hooks of the 14th.
The following bill was taken up to consider House action thereto:

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.

Senator Isakson of the 21st moved that the Senate recede from its disagreement to the House substitute and agree with the House substitute.

On the motion, 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 Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean
Edge Egan
Gillis

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

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

Those not voting were Senators:

Abernathy Balfour Farrow

Hooks Kemp (excused) Land

Oliver Ray (presiding) Thomas

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House substitute to SB 29, and agreed to the House substitute to SB 29.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:

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.
Senator Perdue of the 18th moved that the Senate insist on its substitute to HB 60. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 60.
The following bill was taken up to consider House action thereto:

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.

The House agreed to Senate amendment #1.

The House amendment to Senate amendment #2 was as follows:
Amend Senate Amendment 2 (Pollard) to HB 70 as follows:
By amending on page 2 line 1 after the word vehicle and inserting ", the operator of the commercial motor vehicle's employer,"
Senator Pollard moved that the Senate agree to the House amendment to Senate amendment #2.

On the motion, 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 Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

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

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

Those not voting were Senators:

Abernathy Balfour Egan Gillis

Guhl Kemp (excused) McGuire Ragan

Ray (presiding) Thomas Walker

FRIDAY, MARCH 17, 1995

2035

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment #2 to HB 70.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate substitute to HB 616 by adding on line 2 of page 1 after the word "as" and before the word "to" the following:
"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 assessments against insurers; to authorize the Commissioner of Insurance to provide by regulation a formula for assessments; to provide for penalties and interest relative to assessments; to author ize rules and regulations; to authorize appropriations for certain purposes relative to insurance fraud; to provide for the sharing of information relative to the investigation of insurance fraud; to provide for immunity for certain insurers and their agents and em ployees; to provide for the payment of certain expenses incurred by insurers;".
By adding on line 15 of page 1 after the semicolon and before the word "to" the following:
"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 without the consent of the individual; to prohibit release of the results of genetic testing without explicit consent of the person tested; to provide that information derived from genetic testing may not be sought by insurers engaging in accident and sickness insurance underwriting and shall not be used to deny access to accident and sickness insurance; to provide for the disclosure of information derived from genetic test ing to law enforcement agencies for certain 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;".
By striking lines 16 and 17 of page 1 and inserting in lieu thereof the following:
"other matters relative to the foregoing; to provide for legislative intent, findings, and declarations; to provide effective dates; to repeal".
By striking lines 20 through 23 of page 1 and inserting in lieu thereof the following:
"SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Code Section 33-1-16, relating to the investigation of fraudu lent insurance acts, 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.

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(b) There is created a Special Insurance Fraud Fund for the purpose of funding the inves tigation and prosecution of insurance fraud.
(c)(l) The Commissioner shall prepare, on an annual basis, a separate budget request to the General Assembly which sets forth the anticipated cost and expense of funding the investigation and prosecution of insurance fraud in this state for the ensuing 12 months. Beginning with the year 1997, such budget request shall set forth the annual cost and expense of the investigation and prosecution of insurance fraud in Georgia for the preceding 12 months.
(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 amounts appropriated by the General Assembly pursuant to paragraph (3) of this subsection, which appropriation shall be based upon the budget request setting forth the applicable annual cost and expense of the investigation and prosecution of insur ance fraud in Georgia submitted by the Commissioner. Such assessments may be mea sured 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 shall provide by regulation for such other terms and conditions for the payment or collection of such assessments as may be necessary to ensure the proper payment and collection 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 fraud. The Commissioner is authorized to use such funds for investigation of insurance fraud and to reimburse prosecuting attorneys for some or all of the costs of retaining assistant prosecuting attorneys to prosecute insurance fraud cases. The Commissioner shall provide by regulation for such other terms and conditions for the use of the funds for the investigation, reimbursement, and prosecution contemplated by the terms of this paragraph.
(d) Insurers shall make personnel involved in investigating insurance fraud and any files relating to insurance fraud investigation available to the Commissioner, the Attorney General, local prosecuting officials, special prosecuting attorneys, or other law enforce ment agencies as needed in order to further the investigation and prosecution of insur ance 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 immunity 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.'
SECTION 2.
Said title is further amended by adding immediately following Code Section 33-24-55, re lating to health insurance and recovery rights of the state for payments made under Medicaid, a".

FRIDAY, MARCH 17, 1995

2037

By redesignating Section 2 as Section 3 on line 39 of page 2. By adding between lines 5 and 6 of page 5 a new Section 4 to read as follows:

"SECTION 4.

Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows:

33-54-1.

'CHAPTER 54

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 tested;
(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 tested;
(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 accident and sickness insurance companies, health maintenance organizations, managed care organizations, and other payers from using information derived from genetic testing to deny access to accident and sickness insurance.
33-54-2.
As used in this chapter, the term:
(1) "Genetic testing" means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic mate rial or genes which are associated with a disease or illness that is asymptomatic at the time of testing and that arises solely as a result of such abnormality in genes or genetic material. For purposes of this chapter, genetic testing shall not include routine physi cal measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus.
(2) "Insurer" means an insurer, a fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a selfinsured health plan not subject to the exclusive jurisdiction of the Employee Retire ment Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.
33-54-3.
(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 derived from genetic testing shall be confidential and privileged and may be released only to the individual tested and to persons specifically authorized by such individual to receive the information. Any insurer that possesses information derived from genetic testing may not release the information to any third party without the ex plicit written consent of the individual tested. Information derived from genetic testing may not be sought by any insurer as defined in Code Section 33-54-2.
33-54-4.
Any insurer that receives information derived from genetic testing may not use the infor mation for any nontherapeutic purpose.

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33-54-5.
Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, information de rived from genetic testing regarding the identity of any individual who is the subject of a 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 tested without the consent of such individual.
33-54-6.
Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, 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 tested is not disclosed to any third party, except that the individual's identity may be disclosed to the individual's physician with the consent of the individual.
33-54-7.

This chapter shall not apply to a life insurance policy, disability income policy, accidental death or dismemberment policy, medicare supplement policy, long-term care insurance policy, credit insurance policy, specified disease policy, hospital indemnity policy, blanket accident and sickness policy, franchise policy issued on an individual basis to members of an association, limited accident policy, health insurance policy written as a part of work ers' compensation equivalent coverage, or other similar limited accident and sickness policy.
33-54-8.

(a) Any violation of this chapter by an insurer shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of this title, 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 "Fair 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 insurer 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 insurer to provide accident and sickness 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.'"
By striking lines 6 through 11 of page 5 and inserting in lieu thereof the following:

"SECTION 5.

(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 and 4 of this Act shall become effective on July 1, 1995.

SECTION 6."

Senator Pollard of the 24th moved that the Senate agree to the House amendment to the Senate substitute to HB 616.

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

Those voting in the affirmative were Senators:

Black Blitch Boshears

Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay

FRIDAY, MARCH 17, 1995

2039

Crotts Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks Isakson James Johnson of 2nd Johnson of 1st Land Langford Madden Marable Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Voting in the negatives was Senator Day.

Those not voting were Senators:

Abernathy Balfour Bowen Egan

Kemp (excused) McGuire Ray (presiding)

Scott Thomas Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 616.

The following bill was taken up to consider House action thereto:

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.

Senator Guhl of the 45th moved that the Senate recede from its amendment to HB 116.

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

Those voting in the affirmative were Senators:

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

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

Madden Marable McGuire Middleton
Newbill Perdue Pollard Ralston Slotin Stokes
Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Gochenour Griffin Hill

Kemp (excused) Oliver Ragan Ray (presiding) Scott

Starr
Taylor Thomas Walker

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 116.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act 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; to provide for compliance with other rules; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, is amended by striking Code Section 20-2-1012, relating to commit tees to recommend textbooks, and inserting in its place the following:
"20-2-1012.
(a) The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this state to examine textbooks and make rec ommendations thereon to the state board. Such committee or committees shall consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the state board may prescribe and shall receive such compensation as may be fixed by the state board.
(b) In addition to any other method of textbook selection, the State Board of Education shall add to the approved list of textbooks for use in the public schools of this state any textbook or series of textbooks requested in writing by:
(1) The superintendents of five or more different school systems; or
(2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the textbook requested,
if the requisite number of requests for the specified textbook are received within any 365 day period. A textbook so required to be added to the approved list shall be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall be included upon the approved list which indicates the manner in which any textbook was added to the list. Other than the selection method, publishers whose textbooks are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding textbooks as other publishers, includ ing but not limited to price, durability, and availability."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

FRIDAY, MARCH 17, 1995

2041

SECTION 3.

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 52.

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

Those voting in the affirmative were Senators:

Balfour Black Blitch 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 McGuire Middleton Oliver Perdue Pollard Ralston Slotin Starr Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Boshears Bowen Hill
Kemp (excused)

Marable Newbill Ragan Ray

Scott Taylor Thomas Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 52.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 194 by adding in the title on line 16 of page 1 between the semicolon and the word "to" the following:
"to provide that no construction of this Act shall impair existing contract rights under currently existing instruments conveying real property to secure a debt or debts;".

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By adding quotation marks at the end of line 38 on page 2.
By striking in their entirety lines 39 through 42 on page 2.
By renumbering Sections 3 and 4 on page 4 as Sections 4 and 5, respectively, and adding between lines 8 and 9 on page 4 the following:
"SECTION 3.
Said title is further amended by adding at the end of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, a new subsection (f) to read as follows:
'(f) Nothing in this Code section shall be construed, interpreted, or enforced in a manner which impairs any contract rights under currently existing instruments conveying real property to secure a debt or debts.'"
Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to the Senate substitute to HB 194.

On the motion, 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 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 Land

Langford Madden Middleton Perdue Pollard Ragan Ralston Slotin Stokes Tanksley Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour
Harbison Kemp (excused) Marable

McGuire Newbill
Oliver Ray

Scott Starr
Taylor Thomas

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 194.
The following bill was taken up to consider House action thereto:

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.

FRIDAY, MARCH 17, 1995

2043

The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for premium reductions in motor vehicle insurance policies; 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; to provide for the payment of costs and fees for certain services; to provide defini tions; to provide that certain individual accident and sickness insurance policies and group 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 revise the scope of coverage available under the Georgia Life and Health Insurance Guaranty Association; to revise the definition of member insurer with respect to such association; to revise what shall be considered as control or controlled with regard to producer controlled property and casualty insurers; to require insurers domiciled in this state to file reports with the Commissioner of Insurance and other entities disclos ing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements; to provide for the time of filing such reports; to provide for the confidential treatment of such reports; to provide what acquisitions and dispositions of assets shall be considered material; to provide what nonrenewals, cancella tions, or revisions shall be considered material; to provide exemptions; to amend Code Sec tion 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of selfinsurance; to change the provisions relating to the transition period in which a person oper ating as a self-insurer must meet certain requirements concerning cash deposits; to provide for matters relative to the foregoing; to provide for legislative intent; to provide effective 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 Code Section 33-9-43, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, in its entirety and inserting in lieu thereof a new Code Section 33-9-43 to read as follows:
"33-9-43.
(a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, firstparty medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such applica tion, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried;
(2) Is enrolled as a full-time student in:
(A) High school in the junior 01 &enioi .year;
(B) Academic courses in a college or university; or
(C) Vocational technical school;

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(3) Is an honor student because the scholastic records for the immediately preceding quarter, semesters or comparable segment show that such person:
(A) Ranks scholastically in the upper 20 percent of the class;
(B) Has a 'B' average or better;
(C) Has a 3.0 average or better; or
(D) Is on the 'Dean's List' or 'Honor Roll'; and
(4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification.
(b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's auto mobile rating plan.
(c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been deter mined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have commit ted a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or
(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 and that suspension has not been reversed, if ap pealed from."
SECTION 2.
Said title is further amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses and display certificates for agents, subagents, counselors, or ad justers, and inserting in lieu thereof a new Code Section 33-23-11 to read as follows:
"33-23-11.
(a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter.
(b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered and the other conditions of licensing.
(c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application proce dures for the certificate; and the form and content of the certificate, and a fee fui the
I*GI LiliCll WruCn olicill tt^prOAiiiaaLc tlt^ aJiiiniiiLi'dtiVc COoLo iiiClli"i"cCl in Llic ^fi'cptxi aLiwn
cliiu i&SUiiiiOG 01 il^Cli I;GI Lilii*alc,pi"O\iucJ, 1'iuWcVcl", LliaL &L1C11ui/oL &licill ilOtGALGGU
$20.00.
(d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this chapter and to set appropriate charges by rule or regulation to cover the costs

FRIDAY, MARCH 17, 1995

2045

of such services which shall be in addition to the fees otherwise provided for in this title and shall be paid directly to the providers of such services. The Commissioner may re quire applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display di rectly to the provider of such services. The Commissioner may require insurers to pay such charges for administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in proportion to the number of their authorized agents?
SECTION 3.
Said title is further amended by adding immediately following Code Section 33-29-3.2, re lating 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 care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified dis ease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness 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 basic medical or hospital expense, major medical, or comprehensive medical expense policy issued, de livered, issued for delivery, or renewed in this state on or after July 1, 1995, basic cover age 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 pro vided 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 may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics 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 medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical ser vice corporation, a health care corporation, a health maintenance organization, or any similar entity.

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(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 4.
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) "Policy1 means any medical expense plan, subscriber contract, or accident and sick ness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insur ance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness policy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy.
(b) Every insurer authorized to issue a group accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such basic medical or hospital expense, major medical, and comprehensive medical expense insurance 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 may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics 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 acci dent and sickness policies which provide benefits greater than those required by subsec tion (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 group basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical ser vice corporation, a health care corporation, a health maintenance organization, or any similar entity.

FRIDAY, MARCH 17, 1995

2047

(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 5.
Said title is further amended by striking subsection (a) of Code Section 33-38-2, relating to the scope of coverage under the Georgia Life and Health Guaranty Association, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter shall apply tu direct life insurance policies, health insuiaiice policies,
^uiili auLib jbu^j^jlcixiciiLcil Lvi lilc aiiu licalLli iii^ul~&ili?G ^K^liv<ici>, uiiuuiinuilj' COilli ciCLA 13-
oucu uy pci buiiib cuLLliOi'iiiCii tO tiaii&ai^L ni>ui aiiCc ni Lliio 6Ldt^; at ctilj' Lull^ provide COVer-
age to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, annuity, and supplemental policies or contracts, tor certificates under direct group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts, and any immediate or deferred annuity contracts."
SECTION 6.
Said title is further amended by striking paragraph (10) of Code Section 33-38-4, relating to definitions used in Chapter 38, and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Member insurer' means any peihuii authorized in this slale to transact any kind uf insurance lu which this chapter applies uiidei1 Cude 3wUon 33-38-2 insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insur ance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn but does not include:
(A) A nonprofit hospital or medical service corporation;
(B) A health care corporation;
(C) A health maintenance organization;
(D) A fraternal benefit society;
(E) A mandatory state pooling plan;
(F) A mutual assessment company or any entity that operates on an assessment basis;
(G) An insurance exchange; or
(H) Any entity similar to those described in subparagraphs (A) through (G) of this paragrapH?*
SECTION 7.
Said title is further amended by striking paragraph (1) of Code Section 33-48-2, relating to definitions used with regard to producer controlled property and casualty insurers, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Control' or 'controlled' means the possession, direct or indirect, of the puwei tu direct
01' C&USiB tliti ClllcCLiOJ.1 01 LliG Liih.ilctj^^lUllL Lilu JjOliCl&S OI fl Jjttl SOii, WlicLl'ttii' LlirOUgti LIIC

2048

JOURNAL OF THE SENATE

On LI a. 01 OCflSl* ttlati ci COi.iCi'tlSt IO1* gOOuS
lllCtil'SCtlJ'") GWiliSj COIlti'OlS) ilGlCIS Witri til 3 pOWci'S tO VOlGj Gl ilGluS ^iFOXlGS I'tijJrCStiiiLiii^ ct J.U&jGln iiy~ GI tlli OlltStcuiuiil^jj "^VOXIII^" SoCUFltlftS Or^titj^ Ollicl jJiil'SGil. ING jjcl fcGii S03.11 De QGGllltiCi tO COiiLJ. 01 tiilOLil&l1 pGFSGJl ^SOiciy Dy 1'GflSOil Gf Dclllg an ulliccl Gi QlicCCOl vT SU.C11
uthtii person shall have the same meaning as provided in paragraph (3) of Code Section 33-13-1, relating to definitions used with regard to insurance company holding systems."
SECTION 8.
Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows:
"CHAPTER 54
33-54-1.
(a) Every insurer domiciled in this state shall file a report with the Commissioner disclos ing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agree ments have been submitted to the Commissioner for review, approval, or information pur poses pursuant to other provisions of this title, regulations, or other requirements.
(b)(l) The report required in subsection (a) of this Code section is due within 15 days after the end of the calendar month in which any of the covered transactions occur .
(2) One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:
(A) The Commissioner of Insurance; and
(B) The National Association of Insurance Commissioners.
(c) All reports obtained by or disclosed to the Commissioner pursuant to this Code section shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer who would be affected thereby notice and an opportunity to be heard, deter mines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part thereof in such manner as he or she may deem appropriate.
33-54-2.
(a) No acquisitions or dispositions of assets need be reported pursuant to Code Section 33-54-1 if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting in surer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile.
(b)(l) Asset acquisitions subject to this chapter include every purchase, lease, ex change, merger, consolidation, succession, or other acquisition other than the construc tion or development of real property by or for the reporting insurer or the acquisition of materials for such purpose.
(2) Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment for the benefit of creditors or otherwise, abandonment, destruction, or other disposition.

FRIDAY, MARCH 17, 1995

2049

(c)(l) The following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(A) Date of the transaction;
(B) Manner of acquisition or disposition;
(C) Description of the assets involved;
(D) Nature and amount of the consideration given or received;
(E) Purpose of or reason for the transaction;
(F) Manner by which the amount of consideration was determined;
(G) Gain or loss recognized or realized as a result of the transaction; and
(H) Name or names of the person or persons from whom the assets were acquired or to whom they were disposed.
(2) Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calen dar year that are not subject to a pooling arrangement and the net income of the busi ness not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus.
33-54-3.
(a) Nonrenewals, cancellations, or revisions of ceded reinsurance agreements shall not be required to be reported pursuant to Code Section 33-54-1 if the nonrenewals, cancella tions, or revisions are not material. For purposes of this chapter, a material nonrenewal, cancellation, or revision is one that affects:
(1) With respect to property and casualty business, including accident and health busi ness written by a property and casualty insurer:
(A) More than 50 percent of the insurer's total ceded written premium; or
(B) More than 50 percent of the insurer's total ceded indemnity and loss adjustment reserves;
(2) With respect to life, annuity, and accident and sickness business, more than 50 percent of the total reserve credit taken for business ceded on an annualized basis, as indicated in the insurer's most recent annual statement; or
(3) With respect to either property and casualty or life, annuity, and accident and sick ness business, either of the following events shall constitute a material revision which must be reported:
(A) An authorized reinsurer representing more than 10 percent of a total cession is replaced by one or more unauthorized reinsurers; or
(B) Previously established collateral requirements have been reduced or waived as respects one or more unauthorized reinsurers representing collectively more than 10 percent of a total cession.
(b) Notwithstanding the provisions of subsection (a) of this Code section, no filing shall be required if:
(1) With respect to property and casualty business, including accident and sickness business written by a property and casualty insurer, the insurer's total written pre mium represents, on an annualized basis, less than 10 percent of its total written pre mium for direct and assumed business; or

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JOURNAL OF THE SENATE

(2) With respect to life, annuity, and accident and sickness business, the total reserve credit taken for business ceded represents, on an annualized basis, less than 10 per cent of the statutory reserve requirement prior to any cession.
(c)(l) The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(A) The effective date of the nonrenewal, cancellation, or revision;
(B) The description of the transaction with an identification of the initiator thereof;
(C) The purpose of or reason for the transaction; and
(D) The identity of the replacement reinsurers, if applicable.
(2) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrange ment and the net income of the business not subject to the pooling arrangement repre sents less than 5 percent of the insurer's capital and surplus."
SECTION 9.
Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, is amended by striking subparagraphs (a)(3)(C) and (a)(3)(D) of said Code section and in serting in lieu thereof new subparagraphs (a)(3)(C) and (aX3)(D) to read as follows:
"(C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1,1994, to qualify for a certificate of self-insurance under subparagraph (B) of this para graph, a person shall maintain with the Commissioner a cash deposit of at least $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subpara graphs (A) through (H) of Code Section 33-11-5 and Code Sections 33-11-10, 33-11-14.1, 33-11-20, 33-11-21, and 33-11-25, which relate to various types of authorized invest ments for insurers.
(D) Any person operating as a self-insurer pursuant to a certificate of self-insurance is sued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after July 1,1990 December 31,1995, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of In surance shall promulgate rules and regulations relative to the transition period for com pliance provided in this subparagraph."
SECTION 10.
In the event another Act requiring insurance coverage for child wellness services is enacted by the General Assembly during the 1995 regular session, it is the specific intent of the General Assembly that Sections 3 and 4 of this Act requiring insurance coverage for child wellness services shall be given effect and shall control over the provisions of such other Act requiring such coverage.
SECTION 11.
(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.

FRIDAY, MARCH 17, 1995

2051

(b) Sections 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995.

SECTION 12.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 129.

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 Crotts Dean Edge Egan Farrow

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

Newbill Oliver 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:

Abernathy Harbison Johnson of 2nd

Kemp (excused) Langford Scott

Thomas Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 129.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 923 by striking line 3 of page 1 and inserting in lieu thereof the following:
"so as to change the compensation of the chief judge, the clerk, and the chief".
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By adding between lines 10 and 11 of page 1 the following:
"amended by striking the paragraph at the end of Section 3 which reads as follows:
'The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expedi tious disposition of the business of the state court and shall have power to make such

2052

JOURNAL OF THE SENATE

rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chiefjudge to serve a two-year term and until a successor is elected. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, per sonnel, and other matters. He shall also serve as liaison between the state court and other courts and between the state court and the general public. He shall have such additional duties as may be agreed upon by the judges of the state court and as pre scribed by general law. The chiefjudge of the State Court of Cobb County shall receive as additional compensation $1,200.00 per annum.',
and inserting in lieu thereof the following:
The judge of said court who is senior in length of continuous service as a state court judge shall be the chiefjudge and shall be responsible for the administration and expedi tious disposition of the business of the state court and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. The chief judge shall be vested with the power to make all appointments whenever the law pro vides for the state court judge to make appointments. The chief judge shall serve as liai son between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. The chief judge shall also serve as liaison between the state court and other courts and between the state court and the general public. The chief judge shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum.'

SECTION 2.

Said Act is further".
Senator Tanksley of the 32nd moved that the Senate agree to the House amendment to the Senate substitute to HB 923.

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 Cheeks Clay Crotts Day Dean Edge Egan Farrow

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

McGuire Middleton Newbill Oliver
Perdue Pollard Ralston
Scott Slotin Starr Stokes Tanksley Taylor Turner Tysinger

FRIDAY, MARCH 17, 1995

2053

Those not voting were Senators:

Abernathy Bowen
Gillis Johnson of 2nd

Kemp (excused) Ragan Ray

Thomas Thompson Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 923.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend SB 34 by striking lines 14 through 19 of page 2 in their entirety and inserting in lieu thereof the following:

"subsection.""
Senator Marable of the 52nd moved that the Senate agree to the House amendment to SB 34.

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
Burton Cagle Cheeks
Clay Crotts Day
Dean Egan
Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Bowen
Broun of 46th Brown of 26th Edge

Hill Isakson
James Kemp (excused) Perdue

Ray Scott
Thomas Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 34.

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JOURNAL OF THE SENATE

The following bill was taken up to consider the Conference Committee report thereto:

HB 435. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 3 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.

The conference Committee report on HB 435 was as follows:

The Committee of Conference on HB 435 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 435 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mark Taylor Senator, 12th District

/s/ Doug M. Doffer Representative, 92nd District

/s/ Nathan Dean Senator, 31st District

/s/ Gerald Greene Representative, 158th District

/s/ Loyce Turner Senator, 8th District

/s/ Tommy Chambless Representative, 163rd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 435

A BILL
To be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to establish the Community Service Pilot Project; to pro vide that community service shall be a under such pilot project; to provide that community service may be considered as a condition of probation in other cases; to provide for pur poses, conditions, and limitations; to provide for termination of such pilot projects; to pro hibit all community service by certain sex offenders and other dangerous offenders; to provide for conditions applicable to funding; to provide for guidelines to be developed by the Judicial Council with the approval of the Supreme Court; to change the provisions relative to the contracting for probation services by counties, municipalities, and the state; to ex pand the scope of the County Probation Advisory Council to include municipal probation systems; to add four members and provide for the powers and duties of the County and Municipal Probation Advisory Council; to establish uniform professional standards for pri vate probation officers; to establish uniform contract standards for private probation con tracts; to authorize the council to review these standards and issue a report on its findings to the General Assembly; to provide for applicability with respect to intergovernmental contracts; to prohibit certain activities by private probation officers; to declare certain records of contracting corporations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; to provide for effec tive dates, applicability, and contingencies; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

2055

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Code Section 42-8-72, relating to community service, and inserting in its place a new Code Section 42-8-72 to read as follows:
"42-8-72.
(a) In all cases other than cases provided for under subsection (g) of this Code section, community Community service may be considered as a condition of probation with pri mary consideration given to the following categories of offenders:
(1) Traffic violations;
(2) Ordinance violations;
(3) Noninjurious or nondestructive, nonviolent misdemeanors;
(4) Noninjurious or nondestructive, nonviolent felonies and
(5) Other offenders considered upon the discretion of the judge.
(b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a con dition of probation, the court shall order:
(1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordi nance violations or misdemeanors, said service to be completed within one year; or
(2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years.
(c)(l) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The judge shall confer with the prosecutor, defense attor ney, probation supervisor, community service officer, or other interested persons to de termine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of probation but for no longer than two years.
(2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will provide the offender with certain free hours each week.
(3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such an arrangement, the court shall determine if the offender has met the conditions of probation.
(4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person.
(d) The judge may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration.
(e) Community service hours may be added to original court ordered hours as a discipli nary action by the court or as an additional requirement of any program in lieu of incarceration.
(f) No community service which would expose the general public to the person on proba tion shall be permitted tor sex offenders or offenders considered to be dangerous by the judge or prosecutorT

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JOURNAL OF THE SENATE

(g)(l) In pilot project judicial circuits under this subsection, community service shall be aTcondition of probation in all cases involving felony or misdemeanor sentences from a state court or a superior court where incarceration is not part of the sentenced
(2) There is established the Community Service Pilot Project. No later than July 1 1596, the Department of Corrections shall design a Community Service Pilot Project program which meets the requirements of this subsection and by that date shall sub mit a request to the Judicial Council of Georgia requesting designation of no more than five judicial circuits in this state as pilot project sites. The department shall implement tne program in those pilot project judicial circuits no later than the first date upon which those provisions of this subsection have become effective.
(3) The Community Service Pilot Project is established for the following purposes:
(A) To provide an additional sanction for all other alternative programs;
(B) To provide symbolic restitution to victims and increase offenders' positive in volvement in the community;
(C) To promote the work ethic by requiring .offenders to report to work regularly; and
(D) To assist nonprofit and government agencies with skilled and unskilled projects.
(4) The following offenders shall be exempt from the Community Service Pilot Project:
(A) A mentally or physically disabled or incapacitated adult;
(B) A caretaker of a mentally or physically disabled or incapacitated dependent per son living in the household; or
(C) An adult who is 60 years of age or over.
(5)(A) No provision of this subsection shall require or prohibit any expenditure of local funds for the purposes of this subsection.
(B) In no event shall the receipt of any state funds which are appropriated for the purposes of this subsection be conditioned upon the expenditure of any local funds for the purposes of this subsection?
(6) All Community Service Pilot Projects established under this subsection shall termi nate on or before June 30, 1999."
SECTION 2.
Said chapter is further amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
42-8-100.
(a)(l) The chief judge of any court within the county, with the approval of the gov erning authority of that county, is authorized to enter into memoranda of a^ieenieut 01 other written ducunieiits evidencing contracts with corporations, enterprises, or agencies, ui lu establish a cuunly piubatiuu system, to provide general probation supervision, counseling, and collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the convic tion, counseling, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence.
(2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to pro vide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in

FRIDAY, MARCH 17, 1995

2057

consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county.
(b)(l) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general proba tion supervision, counseling, collection services for all moneys to be paid by a defend ant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation?
(2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to establish a probation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-101.
(a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Governor, one sheriff designated appointed by the fcteorgia UheritlV Association Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one chief magistrate desig nated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private pro bation officer appointed by the Governor, one mayor or member of a municipal governing authority appointed by the Governor, and one county commissioner designated ap pointed by the Association County (JoiHmihbiuuei's of Georgia Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. with the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of cor rections, each designee or representative shall be employed in their representative capac ity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agree ments for probation services and the conduct of business by private entities providing probation services as authorized by this article.
(b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same com ponent (law enforcement, courts, corrections) of the criminal justice system;
(2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairper son or at the written request of three of its members;
(3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and

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(4) The council shall adopt such rules for the transaction of its business as it shall

desire and may appoint such committees as it considers necessary to carry out its busi

ness and duties?

'

(c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance.

(d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come from funds appropriated to or otherwise available to the council. The council is author ized to accept and use grants of funds for the purpose carrying out the provisions of this article.

(e) The council shall have the following powers and duties:

(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control;

(2) To review the uniform professional standards for private probation officers and uni form contract standards for private probation contracts established in Code Section 428-102 and submit a report with its recommendations to the General Assembly;

(3) To promulgate rules and regulations establishing a 40 hour orientation for newly Sired private probation officers and for 20 hours per annum of continuing education for private probation officers;

(4) To promulgate rules and regulations relative to the enforcement of the provisions of tHis article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and tines and the voiding of contracts;

(5) To promulgate rules and regulations establishing registration for any private corpo ration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; anH

(6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts.

(f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1, 15551

42-8-102.

(a) The judge of the municipal court of any municipality or unified government of a mu-

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(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person

FRIDAY, MARCH 17, 1995

2059

shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Kvery private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council.
(b) The uniform contract standards contained in this Code section shall apply to all pri vate probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum"
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision;
(2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section;
(3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council;
(4) Policies and procedures for the training of staff;
(5) Bonding of staff and liability insurance coverage;
(6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders^
(7) Procedures for handling the collection of all court ordered fines, fees, and restitution;
(8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay;
(9) Circumstances under which revocation of an offender's probation may be recommended;
(10) Reporting and record-keeping requirements; and
(11) Default and contract termination procedures.
(c) The County and Municipal Probation Advisory Council shall review the uniform pro fessional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assembly. The council shall submit its initial report on or before July 1, 1997, and shall continue such reviews every two years thereafter. Nothing contained in such report shall be con sidered to authorize or require a change in the standards without action by the General Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum professional standards and, if necessary, to revise these standards. This subsection shall not be inter preted to prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103.
(a) Any private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article shall provide to the judge with whom the contract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination.
(b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, or court or the Depart ment of Audits and Accounts.

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42-8-104.

(a) No private corporation, enterprise, or agency contracting to provide probation services

under the provisions of this article nor any employees of such entities shall engage in any

other employment, business, or activity which interferes or conflicts with the duties and

responsibilities under contracts authorized in this article.

~

(b) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article nor its employees shall have personal or business dealings, including the lending of money, with probationers under their supervision.

42-8-105.

The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services.

42-8-106.

(a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the aftected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts.

(b) In the event of a transfer of the supervision of a probationer from a private corpora tion, enterprise, or agency to the Department of Corrections, the Department of Correc tions shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind rela tive to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena.

42-8-107.

(a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone number, and the name of its agent for communication with the County and Municipal Probation Advisory Council. No registration fee shall be required

(b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who tails or refuses to do so shall be subject to revoca tion of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council."

SECTION 3.

The provisions of Section 1 of this Act may be applied on and after July 1, 1996, to offenses committed on or after that date, contingent upon funding as provided in subsection (a) of Section 4 of this Act. The determination of the five judicial circuits which shall serve as pilot project sites under Section 1 of this Act beginning July 1, 1996, shall be in accordance with guidelines to be developed by the Judicial Council of Georgia after consultation with the Office of Planning and Budget and with the approval of the Supreme Court of Georgia. Such guidelines shall:
(1) Identify the judicial circuits which shall serve as pilot project sites;
(2) Reflect the levels of fiscal resources available for implementation of this Act;
(3) Provide for equal protection of the law to offenders and classes of offenders to whom this Act is to be applied; and

FRIDAY, MARCH 17, 1995

2061

(4) Provide measures of evaluation of the five pilot projects."

SECTION 4.

(a) The provisions of Section 1 of this Act shall become effective only when funds are specifi cally appropriated for purposes of Section 1 of this Act in an Appropriations Act making specific reference to Section 1 of this Act. (b) No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority.
SECTION 5.
Except as otherwise provided in Sections 3 and 4, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the senate adopt the Conference Committee report on HB 435.

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 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 Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Edge Kemp (excused) Ray

Scott Thomas Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 435.

The following bill was taken up to consider the Conference Committee report thereto:

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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The Conference Committee report on SB 105 was as follows:

The Committee of Conference on SB 105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 105 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Clay Land Senator, 16th District
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Connie Stokes Senator, 43rd District

/s/ Gregory H. Kinnamon Representative, 4th District
/s/ Tommy Chambless Representative, 163rd District
/s/ Roy E. Barnes Representative, 33rd District

A BILL
To be entitled an Act to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to provide a statutory form for financial power of attorney; to provide that such form is not the exclusive method for creating such an agency; to pro vide an explanation for principals; to amend Title 29 of the Official Code of Georgia Anno tated, 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 change requirements and procedures relating to appointment of temporary guardians; to provide for bonds of guardians appointed by the probate court; to remove advanced age as a criterion for incapacity; 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 10 of the Official Code of Georgia Annotated, relating to agency, is amended by inserting a new article to be designated Article 7 to read as follows:
"ARTICLE 7
10-6-140. The Georgia Statutory Form for Financial Power of Attorney set out in Code Section 106-142 may be used to create a financial power of attorney, but is not the exclusive method for creating such an agency. 10-6-141. The following explanation for principals may be used with the Georgia Statutory Form for Financial Power of Attorney:
EXPLANATION FOR PRINCIPALS
WHAT IS A FINANCIAL POWER OF ATTORNEY? This document is called a ^Financial Power of Attorney.' It allows you to name one or more persons to help you handle your financial affairs. Depending on your individual circumstances, you can give this person or persons complete or limited power to act on your behalf. This document does not give someone the power to make medical decisions or personal decisions for you.

FRIDAY, MARCH 17, 1995

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WHAT CAN MY AGENT DO?
The 'Agent' is the person you give power to handle your financial affairs.
The 'Principal' is you.
Your decision to use this document is a very important one and you should think care fully about what financial decisions you want your Agent to make for you. With this document, you can give your Agent the right to make all financial decisions or only certain, limited decisions.
For example, you can allow your Agent to handle all your financial affairs, including the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your stock, investments, or personal items. Or you can allow your Agent to handle only certain or specific financial affairs such as to pay your monthly bills.
DO I GIVE ALL MY POWERS AWAY?
No. Even with this document, you can still handle your own financial affairs as long as you choose to or are able to.
You need to talk to your Agent often about what you want and what he or she is doing for you using the document. If your Agent is not following your instructions or doing what you want, you may cancel or revoke the document and end your Agent's power to act for you.
HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY?
You may revoke your financial power of attorney by writing a signed and dated revoca tion of power of attorney and giving it to your Agent. You should also give it to anyone who has been relying upon the financial power of attorney and dealing with your Agent, such as your bank and investment institutions.
Unless you notify all parties dealing with your Agent of your revocation, they may continue to deal with your Agent. You should contact a lawyer if your Agent continues to act after you have revoked the power of attorney.
WHEN DOES MY AGENT'S AUTHORITY END?
Unless you say in the document when you want your Agent's power to end, your docu ment will remain in effect even if you become incapacitated or unable to communicate your wishes. However, upon your death or the death of your Agent or successor Agents, the document will be cancelled and the Agent's power to act for you will end.
You can also include a date or a specific occurrence like your incapacity or illness as the time when you want your document to be canceled and your Agent's power to act for you to end.
WHEN DO THE POWERS TAKE EFFECT?
Depending on your circumstances, you may wish to specify an occurrence or a future date for the document to become effective. Unless you do so, it becomes effective immediately.
MUST MY AGENT DO THOSE THINGS I AUTHORIZE?
No. But if your Agent accepts this responsibility and agrees to act for you, he or she is required to sign and date the 'Acceptance of Appointment' contained in the financial power of attorney form.
HOW DO I COMPLETE THIS DOCUMENT?
Both the Principal and the Agent should read the full document carefully before initial ing or signing. The Principal and the Agent should fully understand what powers are being granted to the Agent and what restrictions, if any, exist.
Read each paragraph carefully. If you decide to give your Agent the power described in the paragraph, initial your name at the end of the paragraph.

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If you do not wish to give your Agent the power described in a paragraph, strike through and initial the paragraph or any line within a paragraph.
HOW DO I EXECUTE THE DOCUMENT?
Two adult witnesses must watch you sign your name on the document. At least one witness cannot be the Principal's spouse or blood relative. After they witness you sign ing your name, the witnesses must sign their names.
This document does not need to be notarized unless real property transactions such as leasing, selling, or mortgaging of property are authorized.
THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL.
Do not let anyone pressure you into making a financial power of attorney, naming an Agent, or granting a power unless it is your choice.
If you do not understand any portion of this document, you should ask a lawyer to explain it to you.
10-6-142.
The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows:
FINANCIAL POWER OF ATTORNEY
County of _____________
State of Georgia
I, _____________ (hereinafter "Principal"), a resident of _____________ County, Georgia, do hereby constitute and appoint _____________ my true and law ful attorney-in-fact (hereinafter 'Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters:
(Directions: To give the Agent the powers described in paragraphs 1 through 13, 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 paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.)
1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, ac knowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to ac counts or deposits in, or certificates of deposit of banks, savings and loans, credit un ions, or other institutions or associations._____________
2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. ____________
Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal.
3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and ac quire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property

FRIDAY, MARCH 17, 1995

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whatsoever, including specifically, but without limitation, real property lying and be ing situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt. _____________
4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper. _____________
5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other le gal entity, whether private or public, now or hereafter belonging to
me.____________
6. Safe Deposits: To have free access at any time or times to any safe deposit box or vault to which I might have access. ____________
7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing state ments, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. _____________
8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in.____________
9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obliga tion, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional con tracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. __________
10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all ac tions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatso ever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. ____________
11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper. ____________

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12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instru ments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. ____________
13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. ____________
14. Effective Date: 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 completing the following, which is optional.
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 above-specified event or contingency has occurred:

Signed:.

Principal

Agent
It is my desire and intention that this power of attorney shall not be affected by my subse quent disability, incapacity, or mental incompetence. Any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability or incapacity shall have the same force and effect as if I were competent and not disabled.
I may, at any time, revoke this power of attorney, but it shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to receipt of actual notice of my death.
I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney.
All parties dealing in good faith with my Agent may fully rely upon the power of and au thority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney.

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This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first. Compensation of Agent. (Directions: Initial the line opposite your choice.)
1. My Agent shall receive no compensation for services rendered. ____________ 2. My Agent shall receive reasonable compensation for services rend ered. _____________
3. My Agent shall receive $______ for services rendered. ____________ IN WITNESS WHEREOF, I have hereunto set my hand and seal on this ______ day of____________, 19__.
Principal WITNESSES

Signature and Address

Signature and Address
Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions.
I, _____________, a Notary Public, do hereby certify that _____________ per sonally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney.

State of Georgia County of _____________

Notary Public

ACCEPTANCE OF APPOINTMENT

I, _____________ (print name), have read the foregoing Power of Attorney and am the person identified therein as Agant for _____________ (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following:
I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal.
I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title.
I must protect and conserve, and exercise prudence and caution in my dealings with, the Principal's funds and other assets.
I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts,

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and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal.
I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it.
I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal.
I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability.
Dated:____________, 19__.
(Signature) ______________________ (Address) _______________________
Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions.
I, _____________ a Notary Public, do hereby certify that _____________ personally appeared before me this date and acknowledge the due execution of the fore going Acceptance of Appointment.
Notary Public"
SECTION 2.
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

FRIDAY, MARCH 17, 1995

2069

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 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 settlement must be submitted to a court for approval, the 'gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is neces sary, 'gross settlement' and 'net settlement' shall not include amounts to be received af ter majority. In determining the present value for purposes of this Code section, the present value of any payments to be received in the future by or on behalf of the minor shall be deemed to be the cost paid by or on behalf of the alleged tortfeasor to purchase any annuity or other financial arrangement; and if the alleged tortfeasor or his or her insurer undertakes to make such future payments without purchasing an annuity or other financial arrangement, the present value shall be deemed to be the value in current dollars as calculated in good faith by the alleged tortfeasor or his or her insurer."
SECTION 3.
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 discre tion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natu ral guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
(3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such nat ural 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

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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 quali fied 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; and
(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.",
in its entirety.
SECTION 4.
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 5.
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:
"29-4-4.1.
(a)(l) The judge of the probate court of the county in which the peihon having actual physical custody of the minor is found resides shall have the power to appoint a tempo rary guardian of the person or property, or both, of the minor when the actual wherea bouts of one or both of the minor's natuial guardians are unknown or when the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardi anship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.
(2) Provided the requirements in paragraph (1) of this subsection are met, if if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so se lected. 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.
(3) If one or both of the natural guardians of the minor has indicated a preference as to tEe person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment oTparental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no pref erence. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later.
(b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardi anship rights. Such notice shall be by personal service if the natural guardian to be

FRIDAY, MARCH 17, 1995

2071

served resides in this state at a known current address or, if the current address is un known or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication as provided in Code Ejection 9-11-4, relating to process once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guard ianship within 14 days after such notice is mailed or 10 days after such notice is first published, whichever is later, the judge of the probate court shall appoint a temporary guardian.
(c) Upon subsequent application to the court fui guaidiaiihhip of Llie minur by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship.
(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insur ance coverage for the ward, such temporary guardianship shall be deemed to be a perma nent guardianship."
SECTION 6.
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 7.
Said title is amended by striking in its entirety subsection (a) of Code Section 29-5-1, relat ing to appointment of guardians for adults, and inserting in lieu thereof a new subsection to read as follows:
"(a) A judge of the probate court may appoint guardians for adult persons 18 years of age or older or their estates, or both, as follows:
(1) A judge of the probate court may appoint guardians over the person of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that such adults lack sufficient understanding or capacity to make significant responsible decisions concerning their persons or to the extent that they are incapable of communicating them.
(2) A judge of the probate court may appoint guardians over the property of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, detention by a foreign power, disappearance, or other cause, to the extent that such adults are incapable of managing their estates and that the appointment is necessary either be cause the property will be wasted or dissipated unless proper management is provided or because the property is needed for the support, care, or well-being of such adults or those entitled to be supported by such adults."

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SECTION 8.

Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 29-5-6, relating to the procedure for the appointment of a guardian, and in serting in lieu thereof a new paragraph to read as follows:
"(3) In all cases, except those sworn to by two or more petitioners under oath and except those involving detention by a foreign power or disappearance, the petition shall be sup ported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such psychologist is available, a physician authorized to practice medicine in that federal facility stating that he the physician has examined the proposed ward within ten days prior to the filing of the petition and that based on the examination the proposed ward was determined:
(A) To be incapacitated by reason of mental illness, mental retardation, mental disabil ity, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his or her person;
(B) To be incapacitated by reason of mental illness, mental retardation, mental disabil ity, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person is incapable of managing his or her estate; or
(C) To be incapacitated as indicated in both subparagraph (A) and subparagraph (B) of this paragraph."

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th moved that the Senate adopt the Conference Committee re port on SB 105.

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 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 Marable McGuire

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

Those not voting were Senators:

Abernathy Blitch Bowen Brown of 26th

Kemp (excused) Madden
Middleton

Perdue Ray
Thomas

FRIDAY, MARCH 17, 1995

2073

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 105.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report on HB 375 was as follows:
The Committee of Conference on HB 375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 375 be adopted.

FOR THE SENATE:

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:

/s/ Richard 0. Marable Senator, 52nd District

/s/ Jimmy Lord Representative, 121st District

/s/ Walter S. Ray Senator, 19th District
/s/ Charles W. Walker Senator, 22nd District

/s/ Kemmel W. Shipp Representative, 38th District
/s/ Robin L. Williams Representative, 114th District

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the authority of the Commissioner with regard to a plan for the assignment and apportionment of rejected workers' compensation policies; to pro vide that such plan shall not require the payment of assessments by certain alternative workers' compensation arrangements; to allow an additional premium to a policy or a re newed or extended policy to be financed with the same insurance premium finance com pany without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to allow the imposition of a returned check fee for each installment payment check returned by a financial institution as a result of insufficient funds; to provide the amount of such fee; to revise provisions relative to the notification of the insured by the premium finance com pany of cancellation of the policy; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance contract listed in the agreement; to provide for the form of such notice; to provide for a conclusive presump tion of compliance by the premium finance company with certain statutory requirements; to relieve the insurer from liability under certain circumstances; to provide for editorial revision; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Code Section 33-9-7, relating to authorized agreements

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among admitted insurers for apportionment of property and casualty insurance, a new Code Section 33-9-7.1 to read as follows:
"33-9-7.1.
Pursuant to the authority under Code Section 34-9-133, the Commissioner may adopt or implement a plan for the assignment and apportionment of rejected workers' compensa tion policies. Neither the plan or any rules or regulations promulgated by the Commis sioner pursuant thereto shall require payment of any assessment from alternative workers' compensation insurance arrangements which:
(1) Have been authorized on or before January 1, 1995, by the Commissioner and the State Board of Workers' Compensation to write workers' compensation coverage; and
(2) Utilize a life or accident and sickness insurer in combination with a property and casualty insurer, including any replacement or successor insurers, for the provision of workers' compensation coverage as required by Chapter 9 of Title 34."
SECTION 2.
Said title is further amended by striking Code Section 33-22-8, relating to the form, con tents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows:
"33-22-8.
(a) A premium finance agreement shall:
(1) Be dated and signed by or on behalf of the insured, and the printed portion of the agieemeiits agreement shall be in at least eight-point type;
(2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the pre mium finance company to which payments are to be made, a description of the insur ance contracts involved, and the amount of the premium for the contracts; and
(3) Set forth the following items, where applicable:
(A) The total amount of the premiums;
(B) The amount of the down payment;
(C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph);
(D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9;
(E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and
(F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment.
(b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
(c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to him the insured at his or her address shown in the agreement a complete copy of the agreement.
(d) Whenever an insurance policy has been financed pursuant to this chapter, an addi tional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company shall mail or deliver to the insured

FRIDAY, MARCH 17, 1995

2075

an addendum to the existing premium finance agreement in the same manner as pro vided in subsection (c) of this Code section, and such addendum shall contain the infor mation required under subsection (a) of this Code section."
SECTION 3.
Said title is further amended by striking Code Section 33-22-10, relating to delinquency charges, and inserting in lieu thereof a new Code Section 33-22-10 to read as follows:
"33-22-10.
(a) A premium finance agreement may provide for the payment by the insured of a delin quency charge ranging in amount from $1.50 to a maximum of 5 percent of the delin quent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement.
(b) A premium agreement may provide for a returned check fee of $20.00 for each install ment payment check returned by the financial institution as the result of insufficient funds."
SECTION 4.
Said title is further amended by adding immediately following Code Section 33-22-12 a new Code Section 33-22-12.1 to read as follows:
"33-22-12.1.
Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney con tained in such agreement. The written notice shall substantially comply with the follow ing form:
'NOTICE
Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"
SECTION 5.
Said title is further amended by striking subsection (c) of Code Section 33-22-13, relating to the procedure for cancellation of the insurance contract upon default, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(l) After expiration of such ten-day period, the premium finance company may thereafterln the name of the insured cancel such insurance contract or contracts by mailing or delivering to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured, himself, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing or delivering notice to the insurance company to cancel the pol icy, shall simultaneously mail notice to the insured notifying him or her of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall not be prior to be after the date of mailing of such notice, and shall inform the insured that any payment received after the mailing or delivery of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a

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request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelligence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this Code section subsection shall be mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(2) The receipt of the notice of cancellation provided in paragraph (1) of this subsection by the insurer shall create a conclusive presumption that the premium finance company has fully complied with all the requirements of this Code section, that the insurer is entitled to rely on such presumption, and that the cancellation of the insurance contract or con tracts is concurred in and authorized by the insured. No liability of any nature whatso ever shall be imposed upon the insurer as a result of the failure by the insured to receive the notice of the action taken required by paragraph (1) of this subsection or as a result of the failure of the insurance premium finance company to comply with any of the require ments of this Code section?'

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 19th moved that the Senate reject the Conference Committee report on HB 375.

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 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 Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Turner Walker

Voting in the negative was Senator James.

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Kemp (excused) Perdue Ragan

Thomas Thompson Tysinger

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate rejected the Conference Committee report on HB 375.
The President appointed as a second Committee of Conference on the part of the Senate the following Senators: Ray of the 19th, Walker of the 22nd and Marable of the 52nd.
The conferees were instructed not to accept any amendments after the conference com mittee report is drafted.

FRIDAY, MARCH 17, 1995

2077

Senator Ray of the 19th, President Pro Tempore, assumed the Chair. The following bill was taken up to consider the Conference Committee report 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 Conference Committee report on SB 156 was as follows:

The Committee of Conference on SB 156 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 156 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isl Charles C. Clay Senator, 37th District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Tommy Chambless Representative, 163rd District

/s/ David Ralston Senator, 51st District

/s/ Jim Martin Representative, 47th District

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 fingerprinting and photograph ing children charged with designated felonies, an act which would constitute the offense of burglary if committed by an adult, 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 officials; 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 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:

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"(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 delinquency brought in the in terest 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 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."
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 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

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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 an act which would constitute the offense of burglary if committed by an adult and 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 jurisdiction, other than those status offender crimes as defined in Code Sec tion 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement 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
COUl*t. JNu ClUlu LHiuci J. il~~y6 flTS OI fl-^c SJ.1&11 Dfe iiil^til j^i'iiiLcu 11.1 LlHi iilVfiStl^StlOft OI 3.
crime exojyl a& provided ill this Code section. Fingerprints uf a child 13 or 14 yeaib of
ii^Jt; WHO IS f^I^i'l^u 10 Llit COU.lt illfly Dfe uill^ctli tiilu. Ill&u. Dy 13/W ^lUOTC^llilciiL OiiiCcFS aiiCl
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illCifi CliclL.
\b) The tiii^3rpnnt5"Oi ^.fly child 13 to 17 ycfl.i*s i>i &gc cn&i*g6u witli fl.ny oiitiisfi ov^r wincii
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All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting ofjuvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates.
tdXc) 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 ottense or offenses charged shall be made available in the discretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate 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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JOURNAL OF THE SENATE

(f) If latent^fidgfeii L>rintS"AF6 fouiidrdurliig tlic -iiw^stigatioii of flii oifense and a~la

t"~tlife tiii^ci'jiFIJIts tflivfeii siifllr Do jiniii^di&t^iv dfistfoy^J- it jiiip<ii soil rs posiLiVti &iici tli6 ciiitu is i~di3iiiictto CIT.G c^urt,tot liii^fftriiiiiit c&i~u &iiu
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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.
ftrXfXD The name or picture of any child under the jurisdiction of the juvenile court for the~first 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) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public m28a."y not be excluded from the hearing under subsection (c) or (c.l) of Code Section 15-11-
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; 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 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 him hit the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;

FRIDAY, MARCH 17, 1995

2081

(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.lXl) When a child who has been adjudicated delinquent for the commission of a clesignated telpny 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) this subsection has Feen made, the department and employees of the department shall not be liable for Homages 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 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 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 subjection 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.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on SB 156.

2082

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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 Hooks
Isakson Johnson of 2nd Johnson of 1st Land Langford Madden

McGuire Middleton Oliver Pollard Ralston
Scott Slotin Starr Stokes
Tanksley Thompson Turner Tysinger Walker

Voting in the negative was Senator James.

Those not voting were Senators:

Abernathy
Burton
Hill Kemp (excused)

Marable
Newbill
Perdue Ragan

Ray (presiding) Taylor Thomas

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted Conference Committee report on SB 156.
The following bill was taken up to consider House action thereto:

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 House amendments were as follows:
House Amendment #1.
By adding a new Section 2 to read as follows:
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary and secondary education, so as to change provisions relating to the employment, use, and funding of attendance officers; to provide for the authority and duties of attend ance officers; 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; to provide that before a student is permitted to re turn from a suspension or expulsion, the school shall request the student's parent or guard ian 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.

FRIDAY, MARCH 17, 1995

2083

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 2
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-695, relating to employ ment by local boards of education of attendance officers, and inserting in lieu thereof a new Code Section 20-2-695 to read as follows:
"20-2-695.
(a) A local board of education may employ a peisou as an attendance officer or attendance officers in lieu uf addition to a visiting teacher or visiting teachers only if that pei&cm had
DCGIt~6111plOyGtl ElSTfl.il. ttX&Hu3.H.C& OHlCS!1 Dy SUClT. 10C3.1 uOciltl ^I'lOi1 tO July J_, J_yyU. ollCfl 3.H
attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to quality under rules and regulations promulgated by the Profes sional Standards Commission for the certification of visiting teachers.
(b) The authority and duties of any attendance officer so appointed by a local board of education shall include"
(1) The duty to cooperate with state agencies, make monthly reports to that officer's school superintendent, and comply with state and local rules, as provided in Code Sec tion 20-2-1)91);
(2) The authority to receive cooperation and attendance reports from that officer's school system, as provided for in Code Section 20-2-697;
(3) When specifically authorized by the appointing local board of education, the author ity to assume temporary custody of children absent frorn school in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2-700; and any attendance officer so authorized by the appointing local board of education shall when engaged in such function have the same duties, authority, rights, privileges, and im munities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council;
(4) The duty to report children absent from school to the juvenile court or other court having jurisdiction, as provided for in Code Section 20-2-701; and
(5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law."
And a new Section 3 to read as follows:
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Delete Section 2 of original Bill
House amendment #2.
Amend SB 31 by striking all matter on lines 1 through 3 of 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 and secondary education, so as to provide for state grants for certain educa tional programs conducted after regular school hours for at-risk youth; to define certain".
By renumbering Sections 1 and 2 as Sections 2 and 3, respectively, and inserting a new Section I to read as follows:

2084

JOURNAL OF THE SENATE

"SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding immediately after Code Section 20-2-255 a new Code Section 20-2-256 to read as follows:
'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.
(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.'"
By striking all matter on lines 15 through 18 of page 1 and inserting in lieu thereof the following:
"Said chapter is further amended by adding at the end of Part 2 of Article 16 a new Subpart 3 to read as follows:".
Senator Scott of the 36th moved that the Senate agree to the House amendments to SB 31.

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 Crotts Day Dean Edge Farrow Glanton

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

Those not voting were Senators:

Abernathy Egan

Gillis Kemp (excused)

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

FRIDAY, MARCH 17, 1995

2085

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 31,
The President resumed the Chair.
The following resolution was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SR 253 as follows:
by striking the word "economic" on lines 1, 2, 5, 28 on Page 1 and inserting in lieu of the word "business" and
by striking the word "economic" on line 15, page 2 and inserting in lieu the word "business".
Senator Johnson of the 2nd moved that the Senate agree to the House amendment to SR 253.

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

Those voting in the affirmative were Senators:

Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Dean Farrow Gillis Griffin Harbison

Henson Hooks James Johnson of 2nd Johnson of 1st Land Langford Madden Marable Middleton Oliver

Pollard Ragan Ray Scott Slotin Starr Stokes Taylor Turner Walker

Those voting in the negative were Senators:

Balfour Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl

Isakson McGuire Ralston Tysinger

Those not voting were Senators:

Abernathy Black Bowen Hill

Kemp (excused) Newbill Perdue

Tanksley Thomas Thompson

On the motion, the yeas were 32, nay 14; the motion prevailed, and the Senate agreed to the House amendment to SR 253.

2086

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
SB 205. By Senators Bowen or 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 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 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 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

FRIDAY, MARCH 17, 1995

2087

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.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 205.

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

Those voting in the affirmative were Senators:

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

2088

JOURNAL OF THE SENATE

Pollard Ragan Ralston Ray Scttt

Slotin Starr Stokes Tanksley Taylor

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black

Hill Kemp (excused)

Perdue Thomas

On the motion, the yeas were 50, nays 0; the motions prevailed, and the Senate agreed to the House substitute to SB 205.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to jurisdiction and procedure for granting of bail, so as to change provisions relating to offenses bailable only before a judge of superior court; to provide for limitations upon the granting of bail for aggravated sexual battery and for certain other offenses where the defendant has previously been convicted of or charged with aggravated sexual battery; to provide that there shall be a rebuttable presumption that no combination of conditions will provide the assurances required for bail in the case of a person charged with a serious violent felony if such person has already been convicted of a serious violent felony or like offense; 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.
Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to jurisdiction and procedure for granting of bail, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:

FRIDAY, MARCH 17, 1995

2089

"(a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking and hijacking a motor vehicle;
(7) Aggravated child molestation;
(8) Aggravated sexual battery;
Manufacturing, distributing, delivering, dispensing, administering selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
ffiKlO) Violating Code Section 16-13-31, relisting to trafficking in cocaine or marijuana; and
) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) (10) of this subsection."
SECTION 2.
Said Code section is further amended by striking subsection (e) and inserting in its place e new subsection to read as follows:
"(e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;
(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;
(3) Poses no significant risk of committing any felony pending trial; and
(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the ad ministration of Justice.
However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an otfense 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, there shall be a rebuttable presumption that no condition or combination of condi tions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term 'serious violent telony7 means a serious violent felony as defined in Code Section 17-10-6.1."
SECTION 3.
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 an underlying prior conviction occurred prior to, on, or after that effective date.

2090

JOURNAL OF THE SENATE

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 81.

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 Burton Cagle Cheeks
Clay Crotts Day
Dean Edge Egan
Farrow

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

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

Those not voting were Senators:

Abernathy Brown of 26th Harbison

Hill Hooks Johnson of 2nd

Kemp (excused) Ray Thomas

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 81.
Senator Broun of the 46th moved that the following resolution be taken from the Table:

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.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HR 358 was taken from the Table.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 115 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by de fendants 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

FRIDAY, MARCH 17, 1995

2091

of family violence may review and copy a family violence report; to amend Code Section 19-13-32 of the Official Code of.".
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.
By adding between lines 6 and 7 of page 1 the following:

"SECTION 1.

Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, is amended by striking subsections (c) and (d) of said Code section and inserting in lieu thereof new subsections (c) and (d) to read as follows:
'(c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled "Family Violence Report." Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include the following:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;
(4) Date of birth of the parties;
(5) Time, place, and date of the incident;
(6) Whether children were involved or whether the act of family violence was commit ted in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Existence of substance abuse;
(9) Number and types of weapons involved;
(10) Existence of any prior court orders;

\ J. j.) XSlUiiiDci' Ot COili^)ldllltS iilVOlViilgl ^Jtii'SOiii) Wllu flflVG IllGCr prSVlOUS COflXpil-tIlt>5,
6t2Xll) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating cir cumstances for why an arrest was not made;
)) Whether the victim was apprised of available remedies and services; and
) Any other information that may be pertinent.
(d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence or the victim shall be enti tled to review and copy any report prepared in accordance with this Code section relating to the defendant.'"
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to SB 115.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th

Burton Cagle Cheeks Clay Crotts

Day Dean Egan Farrow Gillis

2092

JOURNAL OF THE SENATE

Glanton
Gochenour Griffin
Guhl Harbison Henson Isakson
Johnson of 2nd Johnson of 1st Land

Langford
Madden Marable
McGuire Middleton Oliver Perdue
Pollard Ragan Ralston

Ray
Scott Slotin
Starr Stokes Taylor Thompson
Turner Tysinger Walker

Those not voting were Senators:

Abernathy
Black Brown of 26th Edge

Hill
Hooks James Kemp (excused)

Newbill Tanksley Thomas

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 115.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 37 of the Official Code of Georgia Anno tated, relating to examination, treatment, etc., for mental illness, so as to amend Code Section 37-3-90, 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 require ments for determining whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness to change certain provisions concerning access to mental health records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, is amended by striking in their entirety subsections (a), (c), and (d) of Code Section 37-3-90, relating to determination and certification as to invol untary outpatient care and treatment of a patient as an inpatient or outpatient, and in serting in lieu thereof, respectively, new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that

FRIDAY, MARCH 17, 1995

2093

physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient: and
(2) If an outpatient, whether:
(A) There there is available outpatient treatment., and
\Jj/ lUc patiGIlt Wflll likely COiU^pl^y Witli "Cflfif"OU.tjJfl.ticilt ti'tittilltiilt Su cl5 tO illiiiiilliZt
tilti 11KIIriOOu 01 tJ16 JJcitlciiiL S D&COiilnJL^J iiii. l.H|i3.Clfcilt.
"(c) A person determined and certified to be:
(1) An outpatient; and
(2) A person for whom there is available outpatient treatment and, and
to/ JLjittGly tO C Gill ply WILli tile OUtpdCicilt> trctitHlcilt SO tS tO zllliliilliZii til6 IiitcliiiOOCl OI
til6 pflXl&ilt S DGCOillin^ &il iJ.ijjd.t.iciil
shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1); and (2), and (0) of subsection (c) of this Code section shall be considered to be in need of involuntary inpa tient treatment and not involuntary outpatient treatment for purposes of further pro ceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(e) Any minor admittedly voluntary shall be released at any time after written request is made by the minor's parent or legal guardian."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (d) of Code Section 37-3-167, relating to the right of patient to examine his records and other matters, which reads as follows:
"(d) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subsequent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records, but with out personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provisions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a proceeding under this chapter since September 1,1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
(2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court

2094

JOURNAL OF THE SENATE

record which the official or employee knows concerns examination, evaluation, treat ment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such official or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
(3) Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dis semination of the information to certain persons or for certain purposes or both.
(4) The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representa tives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution the court may deem proper. The court may punish by contempt any violations of any such conditions."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate disagree to the House substitute to SB 93.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 93.
The following bill was taken up to consider House action thereto:
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 betwaen any cellular radio telephone and a landline telephone; to provide penalties.
The House substitute was as follows:
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 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 a penalty; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

2095

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 in its entirety Code Section 16-11-66.1, relating to the unlawful interception of cellular radio telephone communications, and inserting in lieu thereof a new Code Section 16-11-66.1 to read as follows:
"16-1-66.1.

(a) As used in this Code section, the term 'cellular radio telephone' means a wireless telephone authorized by the Federal Communications Commission to operate in the fre quency bandwidth reserved for cellular radio telephones.
(b)(l) It shall be unlawful for any person, without the consent of at least one of the partTes to the communication, intentionally to intercept, receive, or assist in inter cepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.
(2) It shall be unlawful for any person to broadcast, print, or publish the contents of any communication transmitted between cellular radio telephones or between any cel lular radio telephone and a landline telephone if the communication has been inter cepted in violation of paragraph (1) of this subsectionT
(c) In the following instances, this Code section shall not apply:
(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility;
(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility;
(3) To any telephonic communication system used for communication exclusively within a state, county, or municipal correctional institution;
(4) To the use of equipment, facilities, or services by users licensed by the Public Ser vice Commission pursuant to Code Section 16-11-65; or
(5) To the interception of wire or oral transmissions by law enforcement officers pursu ant to Code Section 16-11-64.
(d) Any person convicted of violating paragraph (1) or paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Stokes of the 43rd moved that the Senate agree to the House substitute to SB 131.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Burton Cagle Cheeks Clay

Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Isakson James

2096

JOURNAL OF THE SENATE

Johnson of 1st Land Langford Madden Marable MeGuire Newbill

Pollard Ragan Ralston Ray Slotin Starr Stokes

Those not voting were Senators:

Abernathy Black Broun of 46th Brown of 26th

Hooks Johnson of 2nd Kemp (excused) Middleton

Tanksley Taylor Thompson Turner Tysinger Walker
Oliver Perdue Scott Thomas

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 131.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 following bill was taken up to consider House action thereto:

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".

FRIDAY, MARCH 17, 1995

2097

The House amendment was as follows: Amend the Balfour amendment (AM 18 0351) to HB 570 as follows: by striking same in its entirety
Senator Henson of the 55th moved that the Senate agree to the House amendment to the Senate amendment to HB 570.

On the motion, 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 Gillis Griffin Harbison Henson

Hill Hooks James Johnson of 2nd Langford Marable Middleton Oliver Ragan

Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Black Burton Cagle Cheeks Clay Crotts Day

Edge Egan Farrow Glanton Gochenour Guhl Isakson Johnson of 1st

Land McGuire Newbill Pollard Ralston Tanksley Tysinger

Those not voting were Senators:

Abernathy Boshears

Kemp (excused) Madden

Perdue Walker

On the motion, the yeas were 27, nays 23; the motion was lost and the Senate did not agree to the House amendment to the Senate amendment.
Senator Walker of the 22nd moved that the Senate agree to the House amendment to the Senate amendment to HB 570.
Senator Edge of the 28th moved that the Senate disagree to the House amendment to the Senate amendment to HB 570.
The motion to agree takes precedence.

On the motion, 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 Dean Gillis Harbison Henson

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

Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

2098

JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay Crotts Day

Edge Egan Farrow Glanton Gochenour Griffin Guhl Hill Isakson

Johnson of 1st Land McGuire Newbill Pollard Ragan Ralston Tanksley Tysinger

Those not voting were Senators Perdue and Scott.

On the motion, the yeas were 27, nays 27; the motion was lost and the Senate did not agree to the House amendment to the Senate amendment.

On the motion offered by Senator Edge of the 28th to disagree to the House amend ment to the Senate amendment, 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 Hill
Isakson Johnson of 1st

Land McGuire Newbill Pollard Ragan Ralston 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 Kemp Langford Madden Marable Middleton Oliver

Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators Perdue and Scott.

On the motion, the yeas were 26, nays 28; the motion was lost and the Senate did not disagree to the House amendment to the Senate amendment.
Senator Johnson of the 2nd moved that the Senate agree to the House amendment to the Senate amendment to HB 570.

On the motion, 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 Dean

Gillis
Griffin Harbison
Henson Hooks James

Johnson of 2nd
Kemp Langford
Madden Marable Middleton

FRIDAY, MARCH 17, 1995

2099

Oliver Perdue Ragan Ray

Slotin Starr Stokes Taylor

Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Burton Cagle Cheeks Crotts Day Edge

Egan Farrow Glanton Gochenour Guhl Isakson Johnson of 1st

Land McGuire Newbill Pollard Ralston Tanksley Tysinger

Those not voting were Senators:

Boshears

Hill

Clay

Scott

On the motion, the yeas were 30, nays 22; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment HB 570.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The following bill was taken up to consider House action thereto:
HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

2100

JOURNAL OF THE SENATE

The House amendment was as follows: Amend the Senate amendment to HB 1013 as follows:
Line 15 change "$95,806.00" to "$93,806.00" Senator Oliver of the 42nd moved that the Senate disagree to the House amendment to
the Senate amendment to HB 1013. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate dis
agreed to the House amendment to the Senate amendment.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend SB 48 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the provisions prohibiting wearing certain head sets or headphones; to provide that the Department".
By striking lines 12 through 14 of page 1 and inserting in their place the following:
"Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-250, prohibiting wearing certain head sets or headphones, and inserting in its place the following:
'40-6-250.

No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operat ing a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communi cations device necessary in the performance of fais such person's duties.'

SECTION 1.1.

Said chapter is further amended by striking in their entireties".
Senator Crotts of the 17th moved that the Senate agree to the House amendment to SB 48.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen
Brown of 26th Burton

Cagle Cheeks Clay Crotts Day
Dean Edge

Farrow Gillis Glanton Gochenour Griffin
Guhl Harbison

FRIDAY, MARCH 17, 1995

2101

Hill Hooks Isakson James Johnson of 1st Kemp Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ray Slotin

Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Blitch Broun of 46th Egan Henson

Johnson of 2nd Perdue Ragan

Ralston Scott Tysinger

On the motion, the yeas were 46, nays 0; the motions prevailed, and the Senate agreed to the House amendment to SB 48.

The following bill was taken up to consider House action thereto:

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.

Senator Hill of the 4th moved that the Senate recede from its amendments to HB 346.

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

Those voting in the affirmative were Senators:

Balfour Black 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 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 Blitch Broun of 46th

Egan Johnson of 2nd

Johnson of 1st Scott

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its amendments to HB 346.

2102

JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating 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 offi cial duties; to provide for creation of the Auxiliary Service within the Uniform Division; to provide for appointment of members of the service; to provide for the rank, qualifications, compensation, benefits, authority, and powers of members of the service; to provide for equipment for members of such service; to provide for related matters; 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 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 35-2-3, relating to the creation of the position of the commissioner of public safety and his or her duties, and inserting in lieu thereof a new Code Section 35-2-3 to read as follows:
"35-2-3.
(a) There is created the position of commissioner of public safety. The commissioner shall Be" the chief administrative officer and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the depart ment by law.
(b) The commissioner shall be authorized to promulgate rules and regulations as neces sary to carry out his or her official duties."
SECTION 2.
Said chapter is further amended by adding a new Code Section 35-2-36.1 to read as follows: "35-2-36.1.
(a) There is created within the Uniform Division, a special service known as the Auxil iary Service. The members of the Auxiliary Service of the Uniform Division shall be ap pointed by the commissioner on a part-time basis and shall serve at the pleasure of the commissioner. The members shall have such rank as assigned by the commissioner. The members of the Auxiliary Service shall be paid on an hourly basis and, with the excep tion of workers' compensation medical coverage and any benefits mandated by federal law, shall not be entitled to any employee benefits based on their employment in the Auxiliary Service.
(b) Members of the Auxiliary Service shall have the same authority and powers as other members of the Uniform Division.
(c) The commissioner is authorized to furnish the members of the Auxiliary Service with such equipment, uniforms, and badges as the commissioner deems necessary for the du ties of such members.

FRIDAY, MARCH 17, 1995

2103

(d) No person shall be eligible for appointment in the Auxiliary Service unless that per son has, prior to such appointment, successfully completed trooper school, served in the Uniform Division, and voluntarily left the Uniform Division in good standing through retirement, resignation, or otherwise. Persons appointed to the Auxiliary Service must complete the annual training required under Code Section 35-8-21 for certified law en forcement officers, provided that such persons may serve up to six months without hav ing such training. The Department of Public Safety is authorized to provide or to pay for such training in the same fashion that it provides or pays for such training for members of the Uniform Division."

SECTION 3.

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

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 206.

On the motion, 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 Crotts Day Dean Edge Farrow Gillis

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

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

Those not voting were Senators:

Abernathy Blitch Clay Egan

Hill Isakson Johnson of 2nd Land

Scott Starr Thomas

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 206.

The following resolution was taken up to consider House action thereto:

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.
Senator Brown of the 26th moved that the Senate recede from its amendment to HR21.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

Marable McGuire Middleton Newbill Oliver Pollard Slotin Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black Day Egan Harbison

Isakson Perdue Ragan Ralston

Ray Scott Starr Thomas

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from its amendment to HR 21.

The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 regarding the General Assembly, so as to provide for the comprehensive revision of provisions relating to local government impact fiscal notes; to provide for a short title; to provide for legislative intent; to provide for applicability; to provide for the requesting and filing of fiscal notes with respect to certain bills or resolu tions having a fiscal impact on local political subdivisions; to provide for the requesting and filing of fiscal notes with respect to certain regulations, rules, orders, or administrative laws; to provide for the preparation of such notes and procedures in connection therewith; to provide for revisions of such notes; to provide for preservation of copies of notes; to pro vide for public inspection; to provide for publication; to provide for waivers with respect to the foregoing; to repeal certain exemptions from applicability; to provide for presumptions with respect to compliance; to amend Chapter 34 of Title 36, relating to powers of munici pal corporations, so as to provide for service and enforcement of any process, summons, notice, or order of a municipal corporation on all persons residing within and without the corporate limits of the issuing municipal corporation; to provide an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

2105

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION .5.

Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs regarding the General Assembly, is amended by striking Article 3A, relating to local gov ernment impact fiscal notes, and inserting bi its place a new Article 3A to read as follows:

28-5-47.

"ARTICLE 3A

This article shall be known and may be cited as the 'State and Local Government Impacl

Fiscal Notes Partnership Act of 1995.'

------------

28-5-47.1.

It is the intent and purpose of the General Assembly in enacting this article:

(1) To strengthen the partnership between the State of Georgia and local political subdivisions;

(2) To assist the General Assembly in its consideration of proposed legislation and new

and revised state programs containing fiscal requirements affecting local political subdi

visions EyT

;

(A) Requiring the provision of accurate estimates of the fiscal impact upon local polit ical subdivisions of proposed legislation and new and revised state programs; and

(B) Establishing a mechanism to bring such information to the attention of the mem bers of the General Assembly before the House of Representatives or Senate, respec tively, votes on proposed legislation;
(3) To promote informed and deliberate decisions by the General Assembly on the appro priateness of proposed fiscal impact legislation in any particular instances;
(4) To improve the quality of state regulations affecting local political subdivisions and the process by which those regulations are developed by:

(A) Providing that state agencies consult with elected and other officials of local polit ical subdivisions; and

(B) Requiring that state agencies prepare accurate estimates of the budgetary impact oT state regulatory mandates upon local political subdivisions before adopting such regulations.
28-5-48.

As used in this article, the term:

(1) 'Commissioner' means the commissioner of community affairs. (2) 'Department' means the Department of Community Affairs.

(X3) Tiscal note' means a realistic statement of the estimated financial cost of imple menting or complying with the proposed law, regulation, rule, order, or administrative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies.

(2X4) 'Local political subdivision' means a county, municipality, county school district, or independent school district.
28-5-48.1.

This article shall not apply to any proposed bill, resolution, regulation, rule, order, or ad ministrative law for which an appropriation, in an amount sufficient to tund the full cost of the proposal, has been made to affected local political subdivisions.

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JOURNAL OF THE SENATE

28-5-49.
(a) The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution requiring determined by the department to require an expen diture uf at luasl $100,000.00 which in the aggregate exceeds $5 million of public funds by local political subdivisions, a fiscal note shall be attached to such bill or resolution and shall be filed by the sponsor of the bill with the chairman chairperson of the committee and the Clerk of the House of Representatives or the Secretary of the Senate and shall be provided to all members of the General Assembly. Any representative of any local polit ical subdivision requesting a copy of the fiscal note shall be furnished with a copy imme diately upon request to the Clerk of the House of Representatives or the Secretary of the Senate. This Code section shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statute.
(b) The requirements of this subsection may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers.
(c) The requirements of this subsection may be waived:
(1) By a majority vote of the House of Representatives or by the Speaker of the House with respect to a bill introduced in the House of Representatives; or
(2) By majority vote of the Senate, or by the President of the Senate with respect to a bill introduced in the Senate.
Any such waiver shall allow consideration of the measure by both the House of Repre sentatives and the Senate.
28-5-50.
Except as otherwise provided in this Code section, no regulation, rule, order, or adminis trative law which would have a fiscal impact of at least $100,000.00 which in the aggre gate exceeds $5 million on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other authority shall file a fiscal note with the state auditor members of the General Assembly. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediately be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other authority. This Code section shall not apply to an emergency regulation, rule, order, or administrative law as described by subsection (b) of Code Section 50-13-4, to any rule or regulation adopted or order issued pursuant to legislation exempted from Code Section 28-5-49, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly.
28-5-51.
A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective, if enacted, and for the next two succeeding fiscal years. If the fiscal impact of the bill, joint resolution, or administrative action is not expected to be totally evident within the applicable period, the estimate shall be projected beyond that period to include an estimate for the first fiscal year in which it is expected to be fully effective.

FRIDAY, MARCH 17, 1995

2107

28-5-52.
The state auditor shall have the fiscal note prepared by his ufllce for each bill 01 joint
lcD01U.Lj.011 3.S tO WliiCll \JOuG ' k2<3CliGil i&o-'U-^y rfiCfUu'cS Liieit 3. I1SC3.1 HOtG u& j^icJ^iUcu. i. 116
other departments or agencies of the state government shall assist the state auditui de partment in the preparation of such fiscal note fiscal notes required by this article? Where appropriate, he the commissioner shall seek the advice and assistance of local government officials or their representatives. The departments or agencies of state gov ernment assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the stale aiulltoi commissioner or his the commis sioner's authorized representative indicating that the stale autlilui commissioner agrees with the fiscal impact estimated thereon.
28-5-53.
(a) A fiscal note that is attached to a bill or joint resolution shall be revised by the state auditor commissioner at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is waived by the President of the Senate, or by a majority vote of the Senate, by the Speaker of the House of Representatives, 'or Hy a majority vote of the House oTRepresentatives. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures.
(b) The revised fiscal note shall be processed by the state auditor commissioner and re turned as quickly as possible to the committee or the Clerk of the House of Representatives or Secretary of the Senate if either the Clerk or the Secretary has the custody of the bill or joint resolution at that time.
(c) Except as otherwise provided by subsections (a) and (b) of this Code section, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expenditures of local political subdivisions.
28-5-54.
(a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the state auditor commissioner and shall be reasonably available for public inspection for at least three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly.
(b) A fiscal note, upon being filed as provided in this article, shall be open to inspection by the general public as provided by Code Sections 50-18-70 through 50-18-72.
28-5-55.
ViU *iiiy uiii piupubing an ammmaieiii LU uiiapier o ui imu 01 aiiu an piiaseis 01 me au-

tliat title aieexeimpt from this article. Reserved. 28-5-56.

ill ^/lldScS L/I tile cnJiiliiii&Li ciLiUii ul

t_*J)Oil Llic cIIfeCtlVG CIS. 16 01 LlYy ACtlSUDJ^Cti 10 Llitt G.TGCctIU.rGS Outlined. 111 trilS U*tlC16j tflfiFG
&hall be a conclusive presumption that all of the procedures required by this article have been met. Nothing in this article shall be construed to require any degree of formality of proof of compliance with any requirement of this article, and any enrolled bill shall be conclusively presumed to have been enacted in compliance with the requirements of this article.''

SECTION 1.

Chapter 34 of Title 36, relating to powers of municipal corporations, is amended by striking Code Section 36-34-2, relating to powers of municipal governing authorities relative to ad ministration of local government, in its entirety and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"36-34-2.

In addition to the other powers which it may have, the governing body of any municipal corporation shall have the following powers, under this chapter, relating to the adminis tration of municipal government:

(1) The power to establish municipal offices, agencies, and employments;

(2) The power to define, regulate, and alter the powers, duties, qualifications, compen sation, and tenure of all municipal officers, agents, and employees, provided that the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salaries or compensa tion, except pursuant to the authority of Code Section 36-35-4, nor to alter such duties or responsibilities as are specifically given to a particular elective official by charter;
(3) The power to authorize any of the officers, agents, and employees of the municipal corporation to serve, in any manner prescribed by applicable law, any process, sum mons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:

(A) The paper to be served arises out of or relates to an activity or condition con

ducted or maintained by such person within the territorial jurisdiction of the munici

pal corporation in violation of an applicable law or ordinance coveiing the following.

. [ al housing buiH-

_1_ -.f.-'-,,-.!

b-

1

i

1 *1 1 ' - ' Jl 1 i

i"S,

lumeiil, auJ utliei leclmiical-or

Ivu

d MilJ1,r, , i v L

in^fOJ-tiLie |ji utct Liuii uJL IdWlllUCB 1U1 Lilt! Li cciLiiicuL iji v/liulcdctic ui icLo.il uxoLnu'U.LHJII

ofw:rter liuiiiUmpciinig ur Lhefl which i

:i nuiii ct onigic louiatcu iauL <ji

(B) The paper to be served originates in or is issued under the authority of the de partment or branch of municipal government employing such officer, agent, or employee, and
tO/ JjjclClT. iiiiu cv^ry u^y Lliti COilultiiOil iS iiiliHCfllllfc;u Ol* tflft SCtrvity IS COilu.U.CLcu IS
lTltu Si ScjJtilittt; llllliliCipJil ullcilIS6 Dy clppliCJiuiti liiW 01* 01'iliiiciii.Cti.
Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon re ceipt of a written request to make such service, for the fees allowed for service of pro cess issued by the superior courts of this state;
(4) The power to establish merit systems, retirement systems, and insurance plans for all municipal employees and to establish insurance plans for school employees of in dependent municipal systems and to provide the method or methods of financing such systems and plans;
(5) The power to contract with any state department or agency or any other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any state agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipal corporation has an interest;
(6) The power to legislate, regulate, and administer all matters pertaining to absentee voting in municipal elections; and
(7) The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the purpose

FRIDAY, MARCH 17, 1995

2109

of rendering utility services, upon such conditions and for such time as the governing authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 134.

On the motion, 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 Cheeks Clay Crotts Day Dean Edge Farrow Gillis

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

McGuire Middleton Newbill Perdue Pollard Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Egan Griffin

Harbison James

Stokes Thomas

Those not voting were Senators:

Balfour Blitch Brown of 26th

Oliver Ragan

Scott Walker

On the motion, the yeas were 42, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 134.

2110

JOURNAL OF THE SENATE

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 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 disagreed to the Senate substitute to the following resolutions of the House:
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 House has disagreed to the Senate amendment to the following bills of the House:
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 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.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
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

FRIDAY, MARCH 17, 1995

2111

state court of record, so as to change the required contents of certain petitions; to change the time required for certain answers and hearings; to provide for comprehensive proce dures with respect to challenging for the first time state court proceedings resulting in a death sentence; to require the establishment of uniform court rules of certain time periods and schedules applicable thereto; to prohibit certain discovery except under certain circum stances; to change the time period for certain notice; to change certain requirements with respect to certain affidavits; to change certain provisions relating to review and granting of habeas corpus relief; to amend Code Section 15-1-9.1 of the Official Code of Georgia Anno tated, relating to requesting judicial assistance from other courts, so as to change certain requirements with respect to such requests in certain habeas corpus cases; 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.
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 proce dure 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 as 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."

2112

JOURNAL OF THE SENATE

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 as otherwise provided in Code Section 9-14-47.1 with respect to petitions chal lenging for the first time state court proceedings resulting in 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 petitions filed under this article challenging for the first time state court proceed ings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section.
(b) Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assistance under paragraph (3) of subsection (b) of Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.
(c) The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sentence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31,1995. Such new time periods and schedules shall include, but specif ically not be limited to, the following:
(1) Respondent's filing of an answer or motion to dismiss the petition;
(2) Petitioner's filing of any amendments to the petition;
(3) Filing by either party of motions and responses to motions;
(4) Scheduling and conducting of evidentiary hearings;
(5) Date of final order.
(d) In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in 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."
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:

FRIDAY, MARCH 17, 1995

2113

"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 fire 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, if known, to provide the opposing party a reasonable opportunity to contact the affiant; failure to include this information in any affidavit shall render the affidavit inad missible. 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."
SECTION 7.
Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judi cial assistance from other courts, is amended by striking paragraph (3) of subsection (b) and inserting in its place new paragraphs (3) and (4) to read as follows:
"(3) When a petition for habeas corpus is filed in a case in which the peliliuuer it, umlei a sentence uf death, the chiefjudge of the court where the petition is filed may challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assist ance to the president of The Council of Superior Court Judges of Georgia upon certifying
LllclL w!6 DllSillGSS 01 tllfi CGUl't Will DG llllpHU GQ Liliic^bS 3.SS15uLi.iCc IS ODt&llltiCl. "Wilfiil
Within 30 days of receipt of a request is received for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed.
(4) In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Coun cil of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judi cial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed."

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JOURNAL OF THE SENATE

SECTION 8.

(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) Section 4 of this Act shall become effective on January 1, 1996.

SECTION 9.
All laws and parts of laws in conflict with this Act are repealed. Senator Taylor of the 12th moved that the Senate agree to the House substitute to
SB 113.

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

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Griffin Harbison

Johnson of 2nd Thomas

Walker

Those not voting were Senators:

Abernathy Black Boshears

Brown of 26th Ragan Scott

Starr Stokes

On the motion, the yeas were 43, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 113.
The following bills were taken up to consider House action thereto:

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.

Senator Thompson of the 33rd moved that the Senate insist on its amendment to HB 601.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 601.

FRIDAY, MARCH 17, 1995

2115

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 House amendment was as follows:
Amend the Senate substitute to HB 509 as follows: add on line 24 page 1, between the words "a" and "felony" the word "new".
Senator Henson of the 55th moved that the Senate agree to the House amendment to the Senate substitute to HB 509.

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 Burton Cagle Cheeks Crotts
Day Dean
Edge Egan Farrow Gillis

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

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

Those not voting were Senators:

Abernathy
Brown of 26th Clay Harbison

Johnson of 1st Land Ragan

Ray Scott Tanksley

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 509.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 477 was as follows:
The Committee of Conference on HB 477 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 477 be adopted.

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Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mike Egan Senator, 40th District

/s/ Roy H. Watson, Jr. Representative, 139th District

/s/ Steve Henson Senator, 55th District

/s/ Curtis S. Jenkins Representative, 110th District

/s/ Connie Stokes Senator, 43th District

/s/ Doug Teper Representative, 61st District

Committee of Conference substitute to HB 477:

A BILL
To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, 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; to provide for definitions; to provide that certain acts constitute a consignment; to provide for exceptions; to require written contracts and provide for require ments related thereto; to provide for the effect of such a consignment; to provide for trusts, trust funds, and trust property; to provide that trust funds and trust property shall not be subject to certain rights of others; to provide for duties of art dealers and the display of works of art; to provide for certain waivers and prohibit certain waivers of the provisions of this article; to provide for applicability; to provide for agreements; to provide for penalties; to provide for damages and attorney's fees; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding, following Article 17, a new Article 17A to read as follows:
"ARTICLE 17A
10-1-520. This article shall be known and may be cited as the 'Georgia Consignment of Art Act.'
10-1-521.
As used in this article, the term: (1) 'Art dealer' means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a non-profit organization.
(2) 'Artist' means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative. (3) 'Consignment' means that no title to, estate in, or right to possession of the work of art superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art.
(4) 'Co-operative' means an association or group of artists which: (A) Engages in the business of selling only works of art which are produced or cre ated by such artists;
(B) Jointly owns, operates, and markets such business; and

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(C) Accepts such works of art from its members on consignment.
(5) 'Person' means an individual, partnership, corporation, association, entity, or other group, however organized.
(6) Value of the work of art' means an amount agreed upon by written contract as the monetary worth of a work of art which amount shall be used in determining damages in the instance of a violation of this article by an art dealer and shall not be used for any other purpose.
(7) "Work of art' means an original art work which is:
(A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photography;
(B) A work of calligraphy;
(C) A work of graphic art, including an etching, lithograph, offset print, or silk screen;
(D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
(E) A work in mixed media, including a collage or a work consisting of any combina tion of subparagraphs (A) through (D) of this paragraph.
10-1-522.
Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.
10-1-523.
(a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:
(1) The value of the work of art;
(2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and
(3) The minimum price for the sale of the work of art.
(b) If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course.
10-1-524.
A consignment of a work of art shall result in all of the following:
(1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state;
(2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee;
(3) The consignee shall be responsible for the loss of, or damage to, the work of art; and
(4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.

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10-1-525.
(a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the con signee's own account, until the price is paid in full to the consignor. If such work is there after resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the con signee with respect to such transaction is discharged in full.
(b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding.
10-1-526.
Any cooperative may contract with its members to waive liability for the loss of or dam age to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void.
10-1-527.
An art dealer who accepts a work of art, on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photograph of the work of art only if:
(1) Notice is given to users or viewers that the work of art is the work of the artist; and
(2) The artist gives prior written consent to the particular use or display.
10-1-528.
This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995.
10-1-529.
Any art dealer who violates this article is liable to the artist in an amount equal to:
(1) Fifty dollars; and
(2) The actual damages, if any, including the incidental and consequential damages sus tained by the artist by reason of the violation and reasonable attorney's fees."

SECTION 2.

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

Senator Henson of the 55th moved that the Senate adopt the Conference Committee report on HB 477.

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 Crotts Day Dean Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Isakson James Johnson of 2nd

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Kemp Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ray Slotin Starr

Those not voting were Senators:

Abernathy Clay Edge

Johnson of 1st Land Ralston

Stokes Tanksley Thomas Thompson Turner Tysinger Walker
Scott Taylor

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the conference committee report on HB 477.
The following bill was taken up to consider House action thereto:

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 amendment was as follows:
Amend the Senate amendment to HB 250 as follows:
by changing the figure "12" to the figure "8" so that subsection (j) reads as follows:
"(j) Local government authorities shall initially register on or before January 1, 1996, and shall register on or before January 1 of each year thereafter."
Senator Thomas of the 10th moved that the Senate agree to the House amendment to the Senate amendment to HB 250.
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 Crotts
Day Dean
Edge Egan
Farrow

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

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

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Clay Glanton

Johnson of 2nd Land Ralston

Scott Tanksley

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On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 250.
The following bill was taken up to consider House action thereto:
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.
Senator Boshears of the 6th moved that the Senate insist on its amendment to HB 338.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 338.
Pursuant to Senate Rule 111, the following resolution of the House, which was taken from the Table earlier today, was put upon its adoption:
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.
Senate Sponsor: Senator Langford of the 29th.
The Senate Committee on Finance and Public Utilities offered the following substitute to HR 358:
A RESOLUTION
Authorizing the leasing of certain real property owned by the State of Georgia in Rabun County, Georgia; authorizing the subleasing for private development and operation of park facilities of 1,200 acres, more or less, on West Point Lake, Troup County, Georgia; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Rabun County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in Rabun County, Georgia, lying in and being a part of Land Lot 66 of the 2nd District and is more particu larly described as follows:
"TO FIND THE POINT OF BEGINNING, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees 45 minutes west to an iron pin, which point is the POINT OF BEGINNING of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees 00 minutes east 25 feet to an iron pin and the POINT OF BEGINNING, as the same is shown on a certain January 10, 1964 plat of survey prepared by J.G. Nixon, Georgia Registered Land Surveyor No. 312.", a copy of which is on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and (4) The said property has been leased to Spartan Radiocasting Company since June 26, 1980, pursuant to Resolution Act 142, H.R. 586-1591, approved April 2, 1980 (Ga. L. 1980, p. 1490), and is the site of a television translator tower; and
(5) Currahee Paging Company has acquired said television translator tower and equip ment from Spartan Radiocasting Company; and

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(6) Currahee Paging Company is desirous of leasing the above-described property; and
(7) The Department of Natural Resources has no objection to the above-described lease; and
WHEREAS:
(1) The United States Army Corps of Engineers has proposed at its West Point Reser voir in Troup County to lease to the State of Georgia certain tracts or parcels of real property containing in the aggregate 1,200 acres, more or less, and being known as the Maple Creek Public Recreation Area and the Potts Road Public Service Area, as shown on the General Development Plan of the West Point Reservoir, a copy of which is on file in the Office of the Director of State Parks and Historic Sites of the Department of Natural Resources; and
(2) Said real property, which will be under the custody of the Department of Natural Resources, is suitable for recreational development, including a marina, but is pres ently not utilized for those purposes, although the United States Army Corps of Engi neers has allocated certain funds for infrastructure; and
(3) The Department of Natural Resources is desirous of accepting the offer of the United States Army Corps of Engineers and subleasing the above-described real prop erty to a qualified person or firm in order to construct, maintain, operate, and manage certain contemplated improvements for the benefit of the public; and
(4) The Department of Natural Resources will aggressively solicit proposals from quali fied persons and firms to construct, maintain, operate, and manage said contemplated improvements, subject to the approval of the primary lessor, the United States Army Corps of Engineers.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
SECTION 1.
That the State of Georgia is the owner of the referenced hereinabove described real prop erty in Rabun County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the State of Georgia, acting by and through its State Properties Commission, is au thorized to lease the hereinabove described tract of land in Rabun County to Currahee Paging Company for a period often years following the expiration of the lease entered into pursuant to said 1980 resolution, subject to the following conditions:
(1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease;
(2) Any sublease of said tower site or any sublease to locate additional equipment upon said tower or site shall first be approved by the State Properties Commission as to terms and conditions; and
(3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state.
SECTION 3.
That the authorization in this resolution to lease the above-described property in Rabun County to Currahee Paging Company shall expire three years after the date that this reso lution becomes effective.

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SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 5.
That this lease agreement shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
SECTION 6.
That the State of Georgia will be the primary lessee of the hereinabove described real prop erty located in Troup County and that, in all matters relating to the subleasing of said real property, the State of Georgia is acting by and through its Department of Natural Re sources, subject to the approval of the State Properties Commission.
SECTION 7.
That the State of Georgia, acting by and through its Department of Natural Resources, subject to the approval of the State Properties Commission, is authorized to sublease the hereinabove described real property in Troup County to that person or firm selected by the said department through a competitive selection process for a period of years which coin cides with the primary lease between the State of Georgia and the United States Army Corps of Engineers, commencing with the execution of the lease agreement and extending through its full term or any part thereof.
SECTION 8.
That the consideration for the said sublease shall be determined through negotiation be tween the Department of Natural Resources and the selected sublessee and shall contain such other terms and conditions as may be determined by the Department of Natural Re sources to be in the best interests of the State of Georgia, subject to the approval of the State Properties Commission and the United States Army Corps of Engineers.
SECTION 9.
That revenues generated from said sublease shall be remitted to the Parks, Recreation and Historic Sites Division of the Department of Natural Resources for use in the operation and maintenance of its sites and facilities and shall constitute miscellaneous funds as provided in Code Section 12-3-2.
SECTION 10.
That any further subleasing of the hereinabove described tract of real property and any assignment of the sublease or of any approved further subleasing shall be subject to the approval of the Department of Natural Resources and the State Properties Commission.
SECTION 11.
That the Department of Natural Resources and the State Properties Commission are au thorized and empowered to do all acts and things necessary and proper to effectuate the primary lease and the sublease authorized by this resolution.
SECTION 12.
That any lease, sublease, or assignment of a lease or sublease entered into pursuant to this resolution, after approval and execution, shall be recorded by the sublessee or future sub lessee or assignee in the Superior Court of Troup County, and a recorded copy thereof shall

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be forwarded to the Department of Natural Resources and to the State Properties Commission.
ARTICLE 3
SECTION 13.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14.
That all laws and parts of laws in conflict with this resolution are repealed.
Senators Broun of the 46th, Langford of the 29th and Middleton of the 50th offered the following amendment:
Amend the committee substitute to HR 358 by adding on line 5 of page 1 after the word and symbol "Georgia;" and before the word "to" the following:
"authorizing the leasing of certain real property owned by the State of Georgia in Barrow County, Georgia; to provide for conditions;".
By striking the period at the end of line 39 of page 2 and inserting "; and".
By adding between lines 39 and 40 of page 2 the following:
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Barrow County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in Barrow County, Georgia, lying in and being a part of 243rd Georgia Militia District, containing approximately 2 acres, as described on two drawings entitled "Dwelling Site in Barrow County" and "Barrow Tower and Sub-Unit Site," both dated September 23, 1976, and both being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land sur veyor and presented by the grantee to the State Properties Commission for approval; and
(3) Said property is under the custody of the Department of Natural Resources and lies within the boundary of Fort Yargo State Park and was previously utilized by the Georgia Forestry Commission as a fire tower site; and
(4) Said parcel is not being utilized by the state, the Department of Natural Resources and the Georgia Forestry Commission have declared the property surplus to their needs, and the City of Winder is desirous of leasing the above-described state property to be used for a fire station; and
(6) The leasing of said property to the City of Winder is contingent upon the following conditions:
(A) Allowing the Georgia Forestry Commission to station a fire suppression unit at the site on days of high fire danger as determined by the Georgia Forestry Commission;
(B) Use by the Georgia Forestry Commission of the fire tower for detection purposes and radio transmission as may be needed;
(C) Assumption by the City of Winder of responsibility and liability for underground storage tanks after inspection and certification; and
(D) The provision to the Georgia Forestry Commission of office space for any urban forester at such time as space is needed."

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By adding between lines 14 and 15 of page 5 the following: "ARTICLE 2.1

SECTION 12.1.

That the State of Georgia is the owner of the referenced hereinabove described real prop erty and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 12.2.

That the State of Georgia, acting by and through it State Properties Commission, is author ized to lease the hereinabove described tract of land to the City of Winder for a period of 25 years commencing with the execution of the lease agreement and that the above-described premises shall be used solely for public purposes

SECTION 12.3.

That consideration for such lease shall be the providing of garbage collection to Fort Yargo State Park by the City of Winder at no charge to the state and such other terms and condi tions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.

SECTION 12.4.

That any sublease of the subject property must be approved by the State Properties Com mission and that the authorization in this resolution to lease the above-described property to the City of Winder shall expire three years after the date that this resolution becomes effective.

SECTION 12.5.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing and that this lease agreement shall be recorded by the lessee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission."
On the adoption of the amendment, the yeas were 37, nays 0, and the Broun, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, 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

Edge

Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts
Day Dean

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill
Hooks Isakson

Johnson of 1st
Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver
Perdue Pollard

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Ragan Ralston Ray

Slotin Starr Thompson

Those voting in the negative were Senators:

James

Stokes

Those not voting were Senators:

Abernathy Bowen Clay

Henson Johnson of 2nd Scott

Turner Tysinger
Thomas
Tanksley Taylor Walker

On the adoption of the resolution, the yeas were 44, nays 3.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Middleton of the 50th moved that the following resolution be taken from the Table:

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.
Senate Sponsor: Senator Farrow of the 54th.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HR 231 was taken from the Table.
Pursuant to Rule 111, HR 231 was put upon its adoption.
The Senate Committee on Finance and Public Utilities offered the following substitute to HR 231:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Carroll County, Georgia, to the Carroll County Board of Education and the acceptance of certain real prop erty owned by the Carroll County Board of Education located in Carroll County, Georgia, in consideration therefor; authorizing the conveyance of certain state owned real property lo cated in Whitfield County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The Carroll County Board of Education is the owner of approximately four acres lo cated on the southeastern boundary of the Carroll Technical Institute Campus in Carroll County; and the State of Georgia is the owner of approximately 0.3 of one acre of real property located on the southern boundary of the Carroll Technical Institute Campus in Carroll County, Georgia; said tracts are more particularly described on individual plats of survey dated January 20, 1994, and February 12, 1994, respectively, prepared by Timothy L. McGukin, Georgia Registered Land Surveyor No. 2289, each on file in the offices of the State Properties Commission; and
(2) Custody of the subject state owned real property is vested in the Department of Tech nical and Adult Education; and
(3) The Carroll County Board of Education is desirous of exchanging the above-described four-acre tract for that certain 0.3 of one acre tract of state owned property in order to build a child development center at the adjoining vocational high school; and

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(4) The Department of Technical and Adult education is desirous of obtaining the abovedescribed four-acre tract located on the southeastern boundary of Carroll Technical Insti tute to expand parking facilities; and
(5) The exchange of the above-described tracts of real property would be beneficial both to the State of Georgia and the Carroll County Board of Education; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; and
(2) Said real property is all that portion of the Western and Atlantic Railroad right of way located in Land Lots 112 and 117 of the Twelfth District, Third Section of Whitfield County, Georgia, containing approximately 9.8 acres and designated as Parcel No. 2 on Map No. V2/50 on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Sur veyor and presented by Grantee to the State Properties Commission for approval; and
(3) Said property is under the custody of the State Properties Commission and is leased to CSX Transportation, Inc.; and
(4) Said property is a portion of the site for a proposed industrial development; and
(5) The State of Georgia, Whitfield County, and CSX Transportation, Inc. are desirous of developing said industrial site.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
SECTION 1.
That, in all matters relating to conveyance of the herein described state owned real prop erty in Carroll County and the acceptance of the herein described real property owned by the Carroll County Board of Education, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the State of Georgia, acting by and through its State Properties Commission, is au thorized and empowered to convey by appropriate instrument to the Carroll County Board of Education the hereinabove described state owned real property located in Carroll County and to accept in consideration therefor from the Carroll County Board of Education the hereinabove described property owned by the Carroll County Board of Education.
SECTION 3.
That the State Properties Commission is hereby authorized to do all acts and things neces sary and proper to effect such exchange.
SECTION 4.
That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
SECTION 5.
That the conveyance considered in this article shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Proper ties Commission describes the same conveyance area considered in this resolution.

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SECTION 6.
That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7.
That the authorization in this resolution to convey the above-described state owned prop erty to the Carroll County Board of Education and to accept the above-described Carroll County Board of Education owned property from the Carroll County Board of Education shall expire three years after the date that this resolution becomes effective.
ARTICLE 2
SECTION 8.
That the State of Georgia is the owner of the above-described real property located in Whitfield County and that in all matters relating to the conveyance of said real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 9.
That the above-described real property located in Whitfield County shall be conveyed by appropriate instrument to a person, corporation, company, governmental body, authority, or other entity as determined by the State Properties Commission to be in the best interest of the State of Georgia, for a consideration of not less than the fair market value of such property and such further consideration and provisions as the State Properties Commis sion shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 10.
That the conveyance of the above-described real property located in Whitfield County shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc. (formerly known as the Louisville & Nashville Railroad Company, and Seaboard Sys tem Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument.
SECTION 11.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 12.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
SECTION 13.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 14.
That all laws and parts of laws in conflict with this resolution are repealed.
Senator Middleton of the 50th offered the following amendment:
Amend the Senate Committee on Finance and Public Utilities substitute to HR 231 by inserting on line 7 of page 1 the following:
"authorizing the conveyance of certain state owned real property located in Stephens County, Georgia;".
By inserting between lines 25 and 26 of page 2 the following:
"WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; and
(2) Said real property, which was intended to be the location of a proposed maintenance facility for the National Guard Armory, is all that tract or parcel of land containing 1.47 acres lying and being in the City of Toccoa, Stephens County, Georgia, and is more par ticularly described in a plat of survey entitled 'Georgia Army National Guard' dated February 14,1986, by Clelland A. Tyson, Georgia Registered Land Surveyor No. 1515, on file with the State Properties Commission; and
(3) Said property is under the custody of the Georgia Department of Defense; and
(4) The Department of Defense no longer intends to construct the above-mentioned main tenance facility and the property is not being utilized by the State of Georgia and is therefore surplus to its needs; and
(5) The Stephens County Board of Education conveyed the above-described property to the State of Georgia on September 18, 1986, for the consideration of $10.00; and
(6) The Stephens County Board of Education is desirous of obtaining the subject property.".
By redesignating ARTICLE 3 as ARTICLE 4 and by redesignating SECTIONS 13 and 14 as SECTIONS 18 and 19, respectively.
By inserting between lines 30 and 31 of page 4 the following:
"ARTICLE 3
SECTION 13.
That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14.
That the above-described real property shall be conveyed by appropriate instrument to the Stephens County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 15.
That the authorization in this resolution to convey the above-described property to the Stephens County Board of Education shall expire three years after the date that this reso lution becomes effective.

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SECTION 16.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commission.".
On the adoption of the amendment, the yeas were 34, nays 0, and the Middleton amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 35, 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 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 Cagle Cheeks Clay Day Dean Edge Egan Farrow

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

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

Those not voting were Senators:

Abernathy Bowen Crotts Henson

Isakson Johnson of 2nd Langford Newbill

Ray Thompson Walker

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

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

Mr. President:
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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

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JOURNAL OF THE SENATE

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 House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Sherrill of the 62nd, Childers of the 13th and Lucas of the 124th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th, OTSTeal 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.
The Speaker has appointed on the part of the House, Representatives Skipper of the 137th, Godbee of the 145th and Ashe of the 46th.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.

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2131

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Skipper of the 137th, Childers of the 13th and Parsons of the 40th.
The House insists on its position in substituting the following bill of the Senate:

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 House has disagreed to the Senate substitute to the following resolution of the House:

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.

Senator Burton of the 5th moved that the following resolution be taken from the Table:

SR 254. By Senator Burton of the 5th:

A resolution creating the Senate Study Committee on Voluntary Alcoholic Bev erage Responsible Vendor Training Programs.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 254 was taken from the Table.
Pursuant to Rule 111, SR 254 was put upon its adoption.
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 Gochenour Griffin

Henson Hill Hooks James Kemp Land Langford Madden Marable McGuire

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Pollard Ray Slotin Starr

Stokes Tanksley Taylor Thomas

Those not voting were Senators:

Bowen Glanton Guhl Harbison Isakson

Johnson of 2nd Johnson of 1st Middleton Newbill Oliver

Thompson Turner Tysinger Walker
Perdue Ragan Ralston Scott

On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Senator Marable of the 52nd moved that the following resolution be taken from the Table:

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.
Senate Sponsor: Senator Marable of the 52nd.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HR 419 was taken from the Table.
Pursuant to Rule 111, HR 419 was put upon its adoption.
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 Kemp Land

Madden Marable McGuire Oliver Pollard Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Johnson of 2nd Johnson of 1st Langford
Middleton

Newbill Perdue Ragan

Scott Tysinger Walker

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

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2133

The resolution, having received the requisite constitutional majority, was adopted. The following resolutions were taken up to consider House action thereto:

HR 277. By Representative Reichert. of the 126th:
A resolution compensating Mr. Robert T. Cramer.
Senator Clay of the 37th moved that the Senate insist on its substitute to HR 277. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its substitute to HR 277.

HR 319. By Representative Reichert of the 126th:
A resolution compensating Five Star Dodge, Inc.
Senator Clay of the 37th moved that the Senate insist on its substitute to HR 319. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HR 319.
Senator Brown of the 26th moved that the following resolution of the Senate be taken from the Table:

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.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 86 was taken from the Table.
Pursuant to Rule 111, SR 86 was put upon its adoption.

The Senate Rules Committee offered the following amendment:
Amend SR 86 by striking the word "ten" on line 38 on page 2 and inserting in lieu thereof the word "five".
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.

Senator Edge of the 28th offered the following amendment:
Amend SR 86 by striking on line 27 beginning with the word "two" through the word "Rep resentatives"; on line 29
Also by striking on line 1 of page 2 beginning with the word "The" through the word "And" on line 2 of page 2
Also by striking on line 3 of page 2 the word "each" and also by striking on line 3 the word "cochairperson" and inserting "chairperson"
Also by striking the word "cochairperson" on line 4 of page 2 and inserting "chairperson"
On the adoption of the amendment, the yeas were 30, nays 0, and the Edge amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

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JOURNAL OF THE SENATE

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 Perdue

Pollard Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Johnson of 2nd

Langford Newbill Oliver

Ragan Ray Walker

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Griffin of the 25th moved that the following resolution of the Senate be taken from the Table:

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.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SR 204 was taken from the Table.
Pursuant to Rule 111, SR 204 was put upon its adoption.

Senator Griffin of the 25th offered the following amendment:
Amend SR 204 by striking "Directing" and inserting in lieu thereof "Urging" on line 1 of page 1 and by striking "directs" and inserting in lieu thereof "urges" on line 19 of page 1.
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Cheeks Clay Crotts Day Dean
Edge Egan Farrow

Gillis Glanton Gochenour Griffin Harbison
Hill Hooks Isakson

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2135

James Johnson of 1st Kemp Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Scott Slotin Stokes Taylor Thomas Thompson Tysinger

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Black Henson Johnson of 2nd

Land Ray Starr

Tanksley Turner Walker

On the adoption of the resolution, the yeas were 45, nays 1.
The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Thompson of the 33rd moved that the following bill of the House be taken from the Table:

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.
Senate Sponsor: Senator Thompson of the 33rd.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 641 was taken from the Table.
Pursuant to Rule 111, HB 641 was put upon its passage.
The Senate Transportation Committee offered the following substitute to HB 641:
A BILL
To be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Anno tated, 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; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursements for members of certain boards and commissions, so as to provide for expense allowance and travel cost reimbursements for members of the Georgia Rail Passenger Authority; to amend Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to mem bership of the Georgia Rail Passenger Authority, so as to provide that members of such authority shall receive expense allowances and travel cost reimbursements; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, is amended by striking subsection (0 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

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JOURNAL OF THE SENATE

"(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the road needs of the various to unties within their
i"6SJ.D6C11V6 Q1SL1 lOLS &XCGpt til&t ilO 1116IH u6i'~Silt111'GCGlVti CO^Iip^iiS&tlOil TOT i*0tu SlllCl^y
when the number of study days exceeds state, not to exceed 60 days in the members district in any one calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and ex pense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairman chairperson and signed by the secretary."
SECTION 2.
Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allow ance and travel cost reimbursement for members of certain boards and commissions, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"45-7-21.
Each member of the boards and commissions enumerated in this Code section shall re ceive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meet ing of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal auto mobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education;
(2) State Medical Education Board;
(3) Board of Regents of the University System of Georgia;
(4) Board of Corrections;
(5) Board of Industry, Trade, and Tourism;
(6) Board of Natural Resources;
(7) State Transportation Board;
(8) Dental Education Board;
(9) Georgia Student Finance Commission;
(10) Veterans Service Board;
(11) Georgia Agricultural Exposition Authority;
(12) Joint Board of Family Practice;
(13) Georgia Music Hall of Fame Authority; and
(14) Georgia Sports Hall of Fame Authority?; and
(15) Georgia Rail Passenger Authority."
SECTION 3.
Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to membership of the Georgia Rail Passenger Authority, is amended by adding at the end thereof a new sub section (d) to read as follows:

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2137

"(d) Each member of the authority shall receive an expense allowance and reimburse ment for travel costs as provided in Code Section 45-7-21. A like sum shall be paid to a member of the authority who attends an approved meeting, event, or other function other than an authority meeting as an official representative of the authority."
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 Thompson of the 33rd offered the following amendment: Amend the committee substitute to HB 641 by striking from lines 30 through 33 of page 1 the following:
I*03.Q H.6GQ.S Ol trlG Vll*iGUS"COTirLtl6S WiCfllll ttlSir I'tiSpcCtiVc uiSLl'iCLS ^XCfcpt t/ilflt liO iil&lH= D6f SH3.11 l*6C<61Vt; C0111p6tlSLUOH IGI* KOSCr StLluy AVilfiil tilG 01ciUD61' 01 StUtly u.iys GXCGGCIS
state", and inserting in lieu thereof the following:

uGl" Sri till I'GC^iVe COHlpSilSctttOil IG1* 1*0(1(1 Sclluy Wtkfiil tll^ ITLliHDfil* ^Jl^nStttuy1 QiyS GXCcfcdS
transpo--rt--at--io--n--n--ee--d--s --of--t--he--s--ta--te----or--a--tt--en--d--in--g--o--th--er--f--un--c--tio--n--s--a--s --a --re--pr--e--se--n--ta--tiv--e--o--f --th--e

On the adoption of the amendment, the yeas were 33, nays 0, and the Thompson amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Balfour 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 1st Kemp Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner

Those not voting were Senators:

Abernathy Black Edge Harbison

Johnson of 2nd Perdue Ray

Thomas Tysinger Walker

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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.

SB 307. By Senators Perdue of the 18th and Oliver of the 42nd:
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 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 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 Speaker has appointed on the part of the House, Representatives Jones of the 71st, Walker of the 141st and Heard of the 89th.
Senator Ragan moved that the following resolution of the House be taken from the Table:

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.
Senate Sponsor: Senator Bowen of the 13th.

On the motion, the yeas wore 36, nays 0; the motion prevailed, and HR 335 was taken from the Table.
Pursuant to Rule 111, HR 335 was put upon its adoption.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

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2139

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 Oliver

Those not voting were Senators:

Abernathy Black Johnson of 2nd

Newbill Perdue

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

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Oliver of the 42nd moved that the following resolution of the House be taken from the Table.

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.
Senate Sponsor: Senator Oliver of the 42nd.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HR 122 was taken from the Table.
Pursuant to Rule 111, HR 122 was put upon its adoption.
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 Day Dean Edge Egan Farrow
Glanton

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

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

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JOURNAL OF THE SENATE

Voting in the negative was Senator McGuire.

Those not voting were Senators:

Abernathy Crotts

Gillis Johnson of 2nd

Tysinger Walker

On the adoption of the resolution, the yeas were 49, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.
The Speaker has appointed on the part of the House, Representatives Lawrence of the 64th, Teper of the 61st and Williams of the 63rd.
The House has agreed to the Senate amendment, as amended by the House, to the following bill 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.

The House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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.

FRIDAY, MARCH 17, 1995

2141

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.
Senator Hill of the 4th moved that the following resolution of the House be taken from the Table:
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. Senate Sponsor: Senator Hill of the 4th.
On the motion, the yeas were 36, nays 0; the motion prevailed, and HR 95 was taken from the Table.
Pursuant to Rule 111, HR 95 was put upon its adoption.
Senator Oliver of the 42nd offered the following amendment:
Amend HR 95 by striking line 2 of page 1 and inserting the following:
"creating the Joint Guardianship Study Committee; and for other purposes.
Part 1".
By inserting after line 35 of page 1 the following:
"Part 2
WHEREAS, the Senate Elder Abuse Task Force has heard many testimonies from elderly citizens who have lost their homes or life savings because of problems in Georgia law relat ing to guardianship and power of attorney; and
WHEREAS, most of Georgia's guardianship statute was enacted in the early part of the nineteenth century; and
WHEREAS, Professor David English, J.D., who is drafting the guardianship section of the American Bar Association's Uniform Probate Code, reported that the problems in Georgia's current statute include a failure to encourage the use of alternatives to guardianship, a flawed definition of incapacity, and lack of authority for the appointment of limited guardians."
By inserting after line 40 of page 3 the following:
"BE IT FURTHER RESOLVED that there is created the Joint Guardianship Study Com mittee to be composed of 18 members. The President of the Senate shall appoint three members of the Senate and six committee members who are not members of the Senate. The Speaker of the House of Representatives shall appoint three members of the House of Representatives and six committee members who are not members of the House of Repre sentatives. The committee members who are not legislative members shall be comprised of representatives from the fiduciary section of the State Bar of Georgia; advocates for the elderly, for persons with mental illness, and for children; and other persons who have inter est or expertise in issues regarding guardianship. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as a cochairperson of the committee.

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BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems appropriate. The committee shall review the proposals of Professor English regarding the Georgia statute and the relevant Uniform Probate Code provisions. 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 the allowances authorized for legis lative members of interim legislative committees for not more than ten days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representa tives. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1996. The committee shall stand abolished on December 1, 1996."

Senator Balfour of the 9th offered the following amendment:
Amend the Oliver amendment to HR 95 by striking on line 14 page 2 the word "ten" and inserting the word "five"
On the adoption of the amendment, the yeas were 43, nays 0, and the Balfour amend ment to the Oliver amendment was adopted.
On the adoption of the amendment, the yeas were 38, nays 0, and the Oliver amend ment was adopted, as amended.
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 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 Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Boshears

Harbison Johnson of 2nd

Walker

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

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2143

Senator Ragan of the llth moved that the following resolution of the House be taken from the Table:

HR 291. By Representative Cox of the 160th:

A resolution naming the Bartow Gibson Highway. Senate Sponsor: Senator Ragan of the llth.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HR 291 was taken from the Table.
Pursuant to Rule 111, HR 291 was put upon its adoption.
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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan
Farrow

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

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

Those not voting were Senators:

Abernathy Black
Blitch Griffin
Guhl

Henson Hill
Johnson of 2nd Oliver

Perdue Ragan
Starr Walker

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

The following resolution was taken up to consider House action thereto:

HR 80. By Representative Parham of the 122nd:

A resolution compensating Mr. Alonzo Key.

Senator Clay of the 37th moved that the Senate recede from its substitute to HR 80.

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 Crotts Day Dean Edge

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Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

Isakson Johnson of 1st Kemp Land Langford Marable McGuire Middleton Newbill Ragan

Those not voting were Senators:

Abernathy Gillis James Johnson of 2nd

Madden Oliver Perdue (excused) Pollard

Ralston Ray Scott Slotin Tanksley Taylor Thomas Thompson Turner Tysinger
Starr (excused) Stokes Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its substitute to HR 80.
Senator Burton of the 5th moved that the following resolution of the House be taken from the Table:

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.
Senate Sponsor: Senator Scott of the 36th.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HR 420 was taken from the Table.
Pursuant to Rule 111, HR 420 was put upon its adoption.
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 Egan
Farrow

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

Madden Marable McGuire Newbill Pollard Ralston
Ray Scott Slotin Stokes Tanksley Taylor Thompson Turner

Those not voting were Senators:

Abernathy Dean

Edge (excused) Gochenour

Kemp Middleton

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Oliver Perdue (excused) Ragan

Starr (excused) Thomas

Tysinger Walker

On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

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.

Senator Farrow of the 54th moved that the Senate recede from its substitute to HB 409.
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 Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow

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

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

Those voting in the negative were Senators:

Boshears Brown of 26th James

Johnson of 2nd Kemp Oliver

Scott Tanksley

Those not voting were Senators:

Edge (excused)

Griffin

Henson

On the motion, the yeas were 45, nays 8; the motion prevailed, and the Senate receded from its substitute to HB 409.
The following bills were taken up to consider House action thereto:

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 determing

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whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness.
Senator Oliver of the 42nd moved that the Senate adhere to its disagreement to the House substitute to SB 93 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Farrow of the 54th, Walker of the 22nd, and Oliver of the 42nd.

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.
Senator Thompson of the 33rd moved that the Senate adhere to its amendment to HB 557 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 33rd, Farrow of the 54th and Ray of the 19th.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report #2 on HB 375 was as follows:

The Committee of Conference on HB 375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 375 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Richard O. Marable Senator, 52nd District
/s/ Walter S. Ray Senator, 19th District

Isi Jimmy Lord Representative, 121st District
/s/ Ken W. Shipp Representative, 38th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Robin L. Williams Representative, 114th District

Committee of Conference substitute to HB 375:

A BILL
To be entitled an Act to amend Chapter 22 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance premium finance companies, so as to allow an additional pre mium to a policy or a renewed or extended policy to be financed with the same insurance

FRIDAY, MARCH 17, 1995

2147

premium finance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to allow the imposition of a returned check fee for each installment payment check returned by a financial institution as a result of insufficient funds; to provide the amount of such fee; to revise provisions relative to the notification of the insured by the premium finance company of cancellation of the policy; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agree ment of any power of attorney enabling such premium finance company to cancel any in surance contract listed in the agreement; to provide for the form of such notice; to provide for a conclusive presumption of compliance by the premium finance company with certain statutory requirements; to relieve the insurer from liability under certain circumstances; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking Code Section 33-22-8, relating to the form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows:
"33-22-8.
(a) A premium finance agreement shall:
(1) Be dated and signed by or on behalf of the insured, and the printed portion of the agietuneiiU agreement shall be in at least eight-point type;
(2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the pre mium finance company to which payments are to be made, a description of the insur ance contracts involved, and the amount of the premium for the contracts; and
(3) Set forth the following items, where applicable:
(A) The total amount of the premiums;
(B) The amount of the down payment;
(C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph);
(D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9;
(E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and
(F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment.
(b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
(c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to him the insured at his or her address shown in the agreement a complete copy of the agreement.
(d) Whenever an insurance policy has been financed pursuant to this chapter, an addi tional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium fi nance agreement. The premium finance company shall mail or deliver to the insured an

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addendum to the existing premium finance agreement in the same manner as provided

in subsection (c) of this Code section, and such addendum shall contain the information

required under subsection (a) of this Code section.''

~~

SECTION 2.

Said chapter is further amended by striking Code Section 33-22-10, relating to delinquency charges, and inserting in lieu thereof a new Code Section 33-22-10 to read as follows:
"33-22-10.
(a) A premium finance agreement may provide for the payment by the insured of a delin quency charge ranging in amount from $1.50 to a maximum of 5 percent of the delin quent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement.
(b) A premium finance agreement may provide for a returned check fee of $20.00 for each installment payment check returned by the financial institution as the result of insuffi cient funds."

SECTION 3.

Said chapter is further amended by adding immediately following Code Section 33-22-12 a new Code Section 33-22-12.1 to read as follows:
"33-22-12.1.
Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attorney con tained in such agreement. The written notice shall substantially comply with the follow ing form:

'NOTICE

Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"

SECTION 4.

Said chapter is further amended by striking subsection (c) of Code Section 33-22-13, relat ing to the procedure for cancellation of the insurance contract upon default, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(l) After expiration of such ten-day period, the premium finance company may thereafteFin the name of the insured cancel such insurance contract or contracts by mailing or delivering to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured, himself, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing or delivering notice to the insurance company to cancel the pol icy, shall simultaneously mail notice to the insured notifying him or her of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall nut be prior to be after the date of mailing of such notice, and shall inform the insured that any payment received after the mailing or delivery of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a

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request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelligence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this Oudc section subsection shall be mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(2) The receipt of the notice of cancellation provided in paragraph (1) of this subsection by the insurer shall create a conclusive presumption that the premium finance company has fully complied with all the requirements of this Code section, that the insurer is entitled to rely on such presumption, and that the cancellation of the insurance contract or con tracts is concurred in and authorized by the insured. No liability of any nature whatso ever shall be imposed upon the insurer as a result of the failure by the insured to receive the notice of the action taken required by paragraph (1) of this subsection or as a result of the failure of the insurance premium finance company to comply with any of the require ments of this Code section."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 19th moved that the Senate adopt the Second Conference Commit tee report on HB 375.

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

Those not voting were Senators:

Abernathy Harbison

Hill Scott

Tanksley

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Second Conference Committee report on HB 375.

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

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 19-8-18 of the official Code of Georgia Anno tated, relating to hearings on and decrees of adoption, so as to provide when such decrees shall not be subject to judicial challenge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, is amended by adding at the end thereof two new subsections to read as follows:
"(e) A decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree.
(f) Any decree of adoption issued prior to the effective date of this action shall not be subject to any judicial challenge more than six months after the effective date of this Act."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 307.

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2151

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 Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Griffin Guhl 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 Stokes Tanksley Taylor Turner Tysinger Walker

Those not voting were Senators:

Abernathy Glanton Harbison

Hill Scott Starr

Thomas Thompson

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 307.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
Senator Newbill of the 56th moved that the following bill of the House be taken from the Table:

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.
Senate Sponsor: Senator Newbill of the 56th.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 677 was taken from the Table.
Pursuant to Rule 111, HB 677 was put upon its passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Cheeks Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Henson Hooks James Johnson of 2nd Johnson of 1st Land

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Langford Madden Marable McGuire Newbill

Pollard Ragan Ralston Scott Slotin

Those not voting were Senators:

Abernathy Black
Blitch Broun of 46th Clay Harbison

Hill Isakson
Kemp Middleton Oliver Perdue (excused)

Stokes Tanksley Taylor Thompson Turner
4
Ray (presiding) Starr(excused) 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 Griffin of the 25th moved that the following resolution of the House be taken from the Table:

HR 79. By Representative Channell of the lllth:

A resolution designating the Lake Oconee Parkway. Senate Sponsor: Senator Griffin of the 25th.

On the motion, the yeas were 29, nays 0; the motion prevailed, and HR 79 was taken from the Table.
Pursuant to Rule 111, HR 79 was put upon its adoption.
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 Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean

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

Langford Madden McGuire Newbill Oliver Pollard Ralston Scott Slotin Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Broun of 46th Edge (excused) Harbison Hill Isakson

Marable Middleton Perdue (excused) Ragan Ray (presiding)

Starr (excused) Stokes Thomas Walker

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

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2153

The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:

A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of and provi sions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commis sioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

Senator Henson of the 55th moved that the Senate recede from its disagreement to the House amendment the Senate amendment and agree.

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 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 Pollard Ragan Ralston Scott Slotin Stokes Tanksley Thompson Turner

Those not voting were Senators:

Abernathy Broun of 46th Edge (excused) Johnson of 2nd

Oliver Perdue (excused) Ray (presiding) Starr (excused)

Taylor Thomas Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate receded from its disagreement to the House amendment to the Senate amendment and agreed to the House amendment to the Senate amendment.
Senator James of the 35th moved that the following resolution of the Senate be re moved from the Table:

SR 265. By Senators James of the 35th and Scott of the 36th:
A resolution creating the Senate Study Committee on Solid Waste Reduction.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 265 was taken from the Table.
Pursuant to Rule 111, SR 265 was put upon its adoption.

The Senate Committee on Rules offered the following amendment:

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Amend SR 265 by striking on line 17 on page 2 the word "ten" and inserting in its place the word "five".
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

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 Farrow

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

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Slotin Stokes Tanksley Taylor Thompson Turner

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Edge (excused) Egan Hooks

Isakson Perdue (excused) Ray (presiding) Scott

Starr (excused) Thomas Tysinger Walker

On the adoption of the resolution, the yeas were 43, nays 1. The resolution, having received the requisite constitutional majority, was adopted as amended.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 12-5-372 of the Official Code of Georgia Anno tated, relating to definitions relative to the "Georgia Safe Dams Act of 1978," so as to ex tend a certain exemption from such Act; 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 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Safe Dams Act of 1978," is amended by striking in its entirety subparagraph (B) of paragraph (4) and inserting in lieu thereof the following:
"(B) The word 'dam' shall not include:
(i) Any dam owned and operated by any department or agency of the United States government;
(ii) Any dam constructed or financially assisted by the United States Soil Conservation Service or any other department or agency of the United States government when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam; provided, however, that this exemption shall cease on November 1, 1995 2000, only if funds are specifically appro priated on or before November 1, 1995, for purposeTof inspection, reconstruction, and financial assistance with respect to such dams in an appropriations Act making specific reference to this division; otherwise this exemption shall cease on November 1, 1995, all such dams over which the supervising federal agency has for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency;
(iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission;
(iv) Any dam classified by the director as a category II dam pursuant to Code Section 12-5-375, except that such category II dams shall be subject to the provisions of this part for the purposes of said Code Section 12-5-375 and for the purposes of subsection (b) of Code Section 12-5-376; or
(v) Any artificial barrier which is not in excess of six feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-feet regardless of height."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 385.

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 Crotts Day

Dean Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson Johnson of 2nd Johnson of 1st

Kemp Land Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott

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JOURNAL OF THE SENATE

Slotin
Stokes Tanksley

Taylor Thomas

Those not voting were Senators:

Abernathy Edge (excused) Egan Hooks

James Perdue (excused) Ray (presiding)

Turner Tysinger
Starr (excused) Thompson Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 385.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 229 by adding on line 2 of page 1 between the word "as" and the word "to" the following:
"to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to training, seminars, and sanctions relating thereto for juvenile court judges and certain associate judges exercising juvenile court jurisdiction;".
By striking the word "Code" at the end of line 13 of page 1 and striking lines 14 through 17 on page 1 and inserting in lieu thereof the following:
"subsection (a) of Code Section 15-11-4.1, relating to training seminars for judges, and in serting in its place the following:
'(a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juve nile court judges exercising juvenile court jurisdiction and may make provisions relative to those seminars by court rules properly adopted; provided, however, that all seminars 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 article is further amended by striking in its entirety subsection (d) of said Code Sec tion 15-11-4.1 and inserting in its place the following:
'(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 Guth judges shall not exercise juvenile court jurisdiction after January 1, 1983,

FRIDAY, MARCH 17, 1995

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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.'

SECTION 3.

Said article is further amended by striking Code Section 15-11-5.1, relating to commitment of a child 13 to 17 years of age to the custody of the Department of Corrections, and in serting in lieu thereof a new Code Section 15-11-5.1 to read as follows:".
By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively.
Senator Dean of the 31st moved that the Senate agree to the House amendment to SB 229.

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 Cheeks Clay Crotts Day Dean Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Isakson Johnson of 2nd Johnson of 1st Kemp Land

Langford Madden McGuire Newbill Pollard Ragan Slotin Stokes Tanksley Taylor Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cagle Edge (excused) Hooks James

Marable Middleton Oliver Perdue (excused) Ralston

Ray (presiding) Scott Starr (excused) Thomas Thompson

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 229.
Senator Cheeks of the 23rd moved that the following resolution of the Senate be taken from the Table:

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.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 242 was taken from the Table.
Pursuant to Rule 111, SR 242 was put upon its adoption.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Edge (excused) Gillis Hooks

Isakson Perdue (excused) Ray (presiding)

Scott (excused) Starr Walker

On the adoption of the resolution, the yeas were 46, 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 recedes from its position in substituting the following bill of the Senate:

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 House has disagreed to Senate amendment #1 and agrees to the Senate amend ment #2, as amended by the House to the following bill of the House:

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.

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The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

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.
The Speaker has appointed on the part of the House, Representatives Reichert of the 126th, Holland of the 157th and Barnes of the 33rd.
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 resolution of the House:

HR 319. By Representative Reichert of the 126th:
A resolution compensating Five Star Dodge, Inc.
The Speaker has appointed on the part of the House, Representatives Greene of the 158th, Skipper of the 137th and Reichert of the 126th.
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 resolution of the House:

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.
The Speaker has appointed on the part of the House, Representatives Reichert of the 126th, Skipper of the 137th and Greene of the 158th.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report on SB 55 was as follows:

The Committee of Conference on SB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 55 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Eric Johnson Senator, 1st District

/s/ Jimmy Skipper Representative, 137th District

Is/ Mary Margaret Oliver Senator, 42nd District

/s/ E.M. Childers Representative, 13th District

/s/ Stephen B. Farrow Senator, 54th District

Is/ Don L. Parsons Representative, 40th District

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JOURNAL OF THE SENATE

Committee of Conference 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 change the provisions regarding defini tions; to provide what constitutes such orders; to change the conditions under which such orders may be issued; to authorize such orders to be carried out by certain emergency medi cal services providers and health care personnel under certain conditions; to provide for identifying bracelets and necklaces and their status as such orders; to change the provi sions relating to cancellation and 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 medical technician, paramedic, or cardiac technician under Chapter 11 of this title."
SECTION 1.1.
Said chapter is further amended by striking paragraph (7) of said Code Section 31-39-2, relating to definitions, and inserting in its place the following:
"(7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title, or a home health agency licensed pursuant to Article 7 of Chapter 7 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,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart attcE shall fae-effect-ive upoii issttance constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withHraw 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 patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."
SECTION 2.1.
Said chapter is further amended by striking paragraph (3) of subsection (e) of said Code Section 31-39-4 and inserting in its place the following:
"(3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice or a home health agency.

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2161

SECTION 2.2.
Said chapter is further amended by striking subsection (b) and (c) of Code Section 31-39-5, relating to cancellation of orders, and inserting in their place the following:
"(b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that attend ing physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physi cian or the physician's designee shall immediately include such determination in the pa tient's chart, cancel the order, and notify the patient, the person who consented to the order, and all hospital health care facility staff responsible for the patient's care of the cancellation.
(c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the at tending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital health care facility staff responsible for the patient's care of the cancellation."
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 for a person who is not a patient in a hospi tal, nursing home, or licensed hospice and the order is evidenced in writing containing the patient's name, date of the form, printed name of the attending physician, and signed by the attending physician on a form substantially similar to the following:
'DO NOT RESUSCITATE ORDER
NAME OF PATIENT:____________________________________
THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN EN TERED ON THE ABOVE-NAMED PATIENT.
SIGNED:
ATTENDING PHYSICIAN
PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN:,
ATTENDING PHYSICIAN'S TELEPHONE NUMBER:____
DATE:________ _________________________
(b) A person who is not a patient in a hospital, nursing home, or licensed hospice and 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 neck lace shall be on an orange background and shall provide the following information in boldface type:

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JOURNAL OF THE SENATE

'DO NOT RESUSCITATE ORDER
Patient's name:__________________________
Authorized person's name and telephone number, if applicable:.
Patient's physician's printed name and telephone number:___
Date of order not to resuscitate:____________________
Any physician, health care professional, or emergency medical technician shall be au thorized to regard such a bracelet or necklace as a legally sufficient order not to resusci tate 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 revoked as provided in this chapter.
(c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) or this Code section may be revoked as provided in Code Section 31-39-6 and may be canceled as provided in Code Section 31-39-5."
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, a health care professional, 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, a health care professional, or an emergency medical technician.
(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, a health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation."
SECTION 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

FRIDAY, MARCH 17, 1995

2163

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.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate adopt the Conference Committee report on SB 55.

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

Those voting in the affirmative were Senators:

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

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

McGuire Oliver Pollard Ragan Ralston Slotin Stokes Tanksley
Taylor Thomas Turner
Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Black Edge (excused) Gillis Griffin

Hill Hooks Johnson of 2nd Middleton Newbill

Perdue (excused) Ray (presiding) Scott Starr (excused) Thompson

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 55.
The President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 6:25 P.M. until 7:00 P.M.
The President called the Senate to order at 7:00 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Childers of the 13th, Culbreth of the 132nd and O'Neal of the 75th.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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.

The House has disagreed to the Senate amendment to the following bill of the House:

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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2165

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The House rejects the report of the Committee of Conference on the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bills of the House:
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 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.
The House has disagreed to the Senate amendment to the following resolution 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.

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JOURNAL OF THE SENATE

Senator Clay of the 37th moved that the following bill of the House be taken from the Table:
HB 87. By Representatives 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. Senate Sponsor: Senator Clay of the 37th.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 87 was taken from the Table.
Pursuant to Rule 111, HB 87 was put upon its passage.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 27, 1995
The Honorable Lynda Coker State Representative Legislative Office Building, Room 611 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 87 (LC 9 7902)
Dear Representative Coker:
This bill would define the prison sentence for first, second, and subsequent offenses of a felony crime committed by a person who has within arm's reach of his or her person a firearm during the commission of the crime. The first offense would be punishable by a. 15 year sentence. A second or subsequent offense would be punishable by a life sentence.
This bill would result in additional State expenditures due to an increase in the prison population, which doubles approximately every four years for this offense. This would re sult in additional costs for new prison beds and increased annual operating costs beginning on or about January 1, 1998 and leveling off in 2003. The annual operating cost for each prison bed is approximately $18,350. The cost for each new bed is approximately $35,000. The increase in annual cost is shown in the table on the following page.

FRIDAY, MARCH 17, 1995

2167

Year
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Sub-total

Total Number of
Inmates
800 1000 1200 1400 1600 2000 2000 2000 2000 2000

HOUSE BILL 87

Annual Operating Cost Per Bed

Total Operating Annual Cost

$18,250 $18,250 $18,250 $18,250 $18,250 $18,250 $18,250 $18,250 $18,250 $18,250

$ 14,500,000 18,250,000 21,900,000 25,550,000 29,200,000 36,500,000 36,500,000 36,500,000 36,500,000 36,500,000
$292,000,000

Annual Increase in
Cost
$14,600,000 3,650,000 3,650,000 3,650,000 3,650,000 7,300,000 -- -- -- --
$36,500,000

Year
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Sub-total
Grand Total

Number of New Beds
800 200 200 200 200 400
0 0 0 0

Cost Per New Bed
35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000 35,000

Total Annual Cost of New Beds
$ 28,000,000 7,000,000 7,000,000 7,000,000 7,000,000 14,000,000 -- -- -- --
$ 70,000,000
$362,000,000

Annual Increase
$ 28,000,000 7,000,000 7,000,000 7,000,000 7,000,000 14,000,000 -- -- -- --
$ 70,00,000
$105,500,000

NOTE: The sum total estimated cost over a ten year period is approximately $362,000,000. However, the annual increase from one year to the next is approximately $106,500,000. For the purposes of a fiscal note, only the estimated increase in cost from one year to the next is reported.
Senator Clay of the 37th offered the following amendment:
Amend HB 87 by striking line 27 of page 1 and inserting in lieu thereof the following:
"(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's".
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Senators Gochenour of the 27th and Dean of the 31st offered the following amendment:
Amend HB 87 by adding after "offenses;" on line 7 of page 1 the following:
"to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide for the offense of riot in a penal institution; to provide for a penalty;".

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By adding between lines 24 and 25 of page 2 the following:

"SECTION 1.1.

Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, is amended by adding at the end thereof a new Code Section 16-10-56 to read as follows:
'16-10-56.
(a) Any person legally confined to any penal institution of this state or of any political subdivision of this state who commits an unlawful act of violence or any other act in a violent or tumultuous manner commits the offense of riot in a penal institution.
(b) Any person who violates subsection (a) of this Code section is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than 20 years.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Gillis Harbison

Henson Hooks Ragan

Scott Starr Tysinger

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

The following resolution was read and adopted:

SR 378. By Senators Ray of the 19th, Perdue of the 18th, Marable of the 52nd and others:
A resolution recognizing and commending Lewis Massey.

The following bill was taken up to consider the Conference Committee report thereto:

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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 Conference Committee report on SB 137 was as follows:

The Committee of Conference on SB 137 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 137 be adopted.

Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Alan T. Powell Representative, 23rd District

/s/ Sonny Perdue Senator, 18th District

/s/ Jimmy Skipper Representative, 137th District

/s/ James W. Tysinger Senator, 41st District

/s/ Roy H. Watson, Jr. Representative, 139th District

Committee of Conference substitute to SB 137:

A BILL
To be entitled an Act to amend Chapter 5 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 that certain local exchanges shall be included in the current 404 area code; to pro vide an exception; 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 regula tion shall be established; to provide for fair competition and consumer protection in the local exchange and intrastate telecommunications industry; to provide for technological in vestment 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 authorize the Public Service Commission to petition, intervene, or commence proceedings before federal agencies or courts in furtherance of enhancing the competitive market for telecommunications services in Georgia; to provide for the applica bility of the rules and regulations of the Public Service Commission; to authorize competi tion 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 certain local exchange companies to make an election relative to alternative regulation; to provide for rates for switched access; to create a Universal Access Fund and to provide for contribu tions to and disbursements from said fund; to require local exchange companies to file cer tain information with the Public Service Commission; to provide limitations on local exchange companies which elect an alternative system of regulation; to provide for porta bility of telephone numbers; to provide restrictions on local measured telecommunications services; to provide that certain local exchange companies shall have an investment com mitment; to provide for certain privacy with respect to telecommunications services; to pro vide that no provider of telephone caller identification service shall be held liable for

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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 require the Public Service Commission to conduct hearings relating to the costs, feasibility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other; to provide for a report of the commission's findings; to provide for the Public Service Commission to conclude its consideration in Docket 4231-U of the expansion of local calling areas; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding at the end of Article 1, relating to general provi sions, a new Code Section 46-5-5 to read as follows:
"46-5-5.
Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geo graphic area of the 404 area code is designated as a different area code and such geo graphic area is contiguous to a part of the geographic area where local exchange 495 or 567 is operational, then nothing in this Code section shall prohibit local exchange 495 or 567 from being included in the newly designated area code."
SECTION 2.
Said chapter is further amended by adding following Article 3 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.'
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 telecommunications services at the most efficient pricing;
(2) Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged 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;

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(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) TJasic 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' means 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.
(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.

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(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 to the public for hire.
(18) 'Telecommunications services' means the services for the transmission of two-way interactive communications to the public for hire. For purposes of illustration, the term 'telecommunications services' includes without limitation 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) A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section 46-5-45 shall apply in circum stances where a telecommunications company is providing telecommunications serv ices without a certificate issued by the commission.
(b) 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 pos sesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective and shall be considered a certificate of authority under this article. A certificate is not required for a telecommunications company to provide com mercial mobile services. The commission shall also have the authority to issue certifi cates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission.
(c) A showing of public convenience and necessity is not a condition for issuing a com peting 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.
(d) Any certificate of authority issued by the commission is subject to revocation, sus pension, 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.
(e) 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.
(f) 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 compa nies certificated to provide local exchange services within the same area; provided,

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however, that in promulgating rules and regulations necessary to implement the provi sions of this article, the commission may adopt rules and regulations for local exchange companies certificated after July 1, 1995, which vary from other rules and regulations applicable to the delivery of telecommunications services but which are appropriate and consistent to service being delivered by such local exchange companies and are adopted in the public interest.
46-5-164.
(a) All local exchange companies shall permit reasonable interconnection with other certificated local exchange companies. This subsection includes all or portions of such services as needed to provide local exchange services.
(b) The rates, terms, and conditions for such interconnection services shall not unrea sonably discriminate between providers and shall be negotiated in good faith between the providers and filed with the commission.
(c) In the event that such rates, terms, or conditions cannot be negotiated by the par ties, the commission shall determine the reasonable rates, terms, or conditions for the interconnection 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) The commission is authorized to allow local exchange companies to resell the serv ices purchased from other local exchange companies pursuant to rules determining when and under what circumstances such resale shall be allowed; 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 ex change services set forth in paragraph (2) of Code Section 46-5-162. Any local exchange company or telecommunications company desiring to purchase or to resell services purchased from another local exchange company may petition the commission for the authorization to purchase or to resell such services. In cases where the purchase or resale of services purchased is authorized by the commission, the commission shall determine the reasonable rates, terms, or conditions for the purchase or resale of such local exchange services such that no local exchange company or telecommunications company gains an unfair market position. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this subsection 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 practicable. In no event shall the commis sion 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 petition under this subsection. The commission, at its discretion or upon a petition filed by either party, may modify a ruling rendered under this subsection, provided that a peti tion for modification may not be filed more than once in any 18 month period.
(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 result in the loss of intrastate or interstate revenues to the selling company for the individual service being resold. This subsection does not apply to Tier 2 local exchange companies that have switched access rates that are lower than or at parity with the same local exchange company's interstate switched access rates.
(g) The commission shall have the authority to require local exchange companies to provide additional interconnection services and unbundling.
46-5-165.
(a) Any Tier 1 local exchange company may elect to have its rates, terms, and condi tions for its services determined pursuant to the alternative regulation described in

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this article, 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 commis sion and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecom munications services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportu nity for a Tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced.
(b) Any Tier 2 local exchange company may elect to have the rates, terms, and condi tions 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 exchange services upon reasonable request.
(c) The alternative regulation under this article shall become effective on the date spec ified by the electing company but in no event sooner than 30 days after such notice is filed with the commission.
(d) On the date a telecommunications company elects the alternative regulation de scribed in this article, all existing rates, terms, and conditions for the services provided by the electing company contained in the then existing tariffs and contracts are deemed just and reasonable.
46-5-166.
(a) An electing local exchange company shall have its rates for basic local exchange services determined pursuant to this Code section.
(b) Rates for basic local excharige 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, pro vided that such maximum rates are subject to review by the commission pursuant to subsection (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maxi mum 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.
(c) Rates for basic local exchange services may be adjusted by the electing company subject 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 requires that the annual percentage rate 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 GDP-PI minus 2 percentage points.
(d) In the event the GDP-PI is no longer available, the commission shall elect a compa rable 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. Com peting local exchange companies may resell local exchange services purchased from other local exchange companies.
(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 interstate access by the same local exchange company. The rates for switched access shall be negotiated in good faith between the parties. In the event that the rates for switched access cannot be negotiated between the parties, any party may petition

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the commission to set reasonable rates, terms, or conditions for switched access. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this paragraph no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case hi which it shall find that the complexity of the issues and the length of the record require an exten sion of such period, in which event the commission shall render a decision at the earliest date practicable. 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 petition for determination of rates for switched access that initiated the proceeding.
(2) Each Tier 2 local exchange company shall, prior to July 1, 2000, 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 transi tion of Tier 2 local exchange company switched access rates to their corresponding 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 ac cess 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 reve nues have dropped below July 1,1995, levels in subsequent years, the adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjustments 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 estab lished pursuant to this Code section. In the event that the rates for switched access cannot be negotiated in good faith between the parties, the commission shall deter mine the reasonable rates for switched access in accordance with the procedures pro vided in paragraph (1) of this subsection.
(g) In accordance with rules to be promulgated by the commission, any electing com pany 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 reasonably 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 man ner between competing telecommunications providers.
(b) The commission shall require all telecommunications companies providing telecom munications services within Georgia to contribute quarterly to the fund in a propor tionate amount to their gross revenues from sale to end users of such telecommunications services as determined by rules to be promulgated by the commission.
(c) The commission may also require any telecommunications company to contribute to the fund if, after notice and opportunity for hearing, the commission determines 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 serv ices 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 exchange services upon application and demonstration that the reasonable costs as

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determined by the commission to provide basic local exchange services exceed the max imum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is pro viding 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 pro vide basic local exchange services; provided, however, that such subsidy shall not ex ceed 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 providing basic local exchange service throughout Georgia.
(h) A local exchange company or other company shall not establish a surcharge on customer's 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 including modifications to the maximum allowable charge for basic local exchange service;
(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;
(9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and
(10) Direct telecommunications companies to make investments and modifications necessary to enable portability.
(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 practicable. In no event shall the commission delay the rendering of a final deci sion 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 initi ated 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 ex isting telecommunications networks and services; and
(2) Requirements necessary to prevent any disadvantage or economic harm to con sumers, protect universal affordable service, establish and maintain an affordable Universal 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 telecommunications 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 com panies 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.
(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 spe cific jurisdiction over the regulation of telecommunications seeking to enhance the competitive market for telecommunications services within the state.
46-5-169.
A company electing alternative regulation:
(1) Shall comply with orders issued and rules adopted by the commission to imple ment the express provisions of this article as a condition of obtaining or retaining a certificate 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 anticom petitive act or practice including but not limited to price squeezing, price discrimina tion, predatory pricing, or tying arrangements, as such terms are commonly applied in antitrust law;
(5) Shall not cross-subsidize nonregulated or alternatively regulated services with revenue 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 resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guide lines and commission rules. Additionally, all local exchange companies shall make the necessary modifications to allow portability of local numbers between different certifi cated providers of local exchange service as soon as reasonably possible after such port ability has been shown to be technically and economically feasible and in the public interest.
46-5-171.
A local exchange company may not charge a residential customer or single line busi ness for basic local exchange service based on the duration of a call or on the time of

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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.
46-5-172.
A Tier 1 local exchange company shall provide an annual report with quarterly up dates to the commission regarding its investment commitment as prescribed in subsec tion (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 invest ment 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 person 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 computer 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 applicable to telecommunications services.
(d) No provider of telephone caller identification service shall be held liable for viola tions 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 transition to alternative regulation of telecommunications services in Georgia."
SECTION 3.
The Public Service Commission shall be required to conduct at least three hearings in loca tions outside the metropolitan areas of the state and accept evidence as to the costs, feasi bility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other. The methodology and analysis of the cost and feasibility of such toll free calling area shall be conducted under the supposition of an alternative system of regulation within the framework of Section 1 of this Act. The commission shall conduct such hearings prior to November 30, 1995, and shall report its findings to the General Assembly no later than December 31,1995. The Public Service Commission shall conclude its consideration in Docket 4231-U of the expansion of local calling areas pursuant to its rules, including but not limited to all balloting and the formulation of an appropriate rate design, on or before January 1, 1996. The implementation of the expanded calling areas shall be completed on or before July 1, 1996.

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SECTION 4.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main 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 5.

Section 2 of this Act shall become effective July 1,1995. The other sections of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate adopt the Conference Committee report on SB 137.

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 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Henson

Thomas

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 137.
The following bill was taken up to consider the Conference Committee report thereto:

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

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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.

The Conference Committee report on HB 246 was as follows:

The Committee of Conference on HB 246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 246 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

is/ Floyd L. Griffin Senator, 25th District

/s/ Frank I. Bailey, Jr. Representative, 93rd District

/s/ George B. Hooks Senator, 14th District

/s/ Vernon Jones Representative, 71st District

/s/ Terrell A. Starr Senator, 44th District

/s/ Vinson Wall Representative, 82nd District

Committee of Conference 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 of durable, noncorroding material permanently marked with 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.

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:
"43-18-8.
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 of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the so cial 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.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 246.

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

Those voting in the affirmative were Senators:

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

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 Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Clay

Glanton

Day

James

Scott

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 246.
The following bill was taken up to consider House action thereto:

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.
Senator Middleton of the 50th moved that the Senate insist on its amendment to HB 145.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 145.
The following bill was taken up to consider House action thereto:

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.

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The House amendment was as follows:
Amend SB 430 by striking on line 34 of page 2 and inserting in lieu thereof the following:
"two-thirds of all of its members a preliminary".
Senator Johnson of the 1st moved that the Senate agree to the House amendment as amended by the following amendment:
Amend the House amendment to SB 430 by striking from lines 3 through 5 of page 1 the following:
"striking on lines 34 of page 2 and inserting in lieu thereof the following:
'two-thirds of all of its members a preliminary'.",
and inserting in lieu thereof the following:
"striking '$1,200.00' and inserting in lieu thereof '$2,400.00' on line 3 of page 2 and by striking line 37 of page 2 and inserting in lieu thereof the following:
'period not to exceed 45 days, but the town council shall in any case cause to be paid forthwith to the town administrator any unpaid balance of the town administrator's sal ary and accumulated annual leave and the town administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the town ad ministrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the town administrator for the next three months shall not be paid. A copy of the resolution'".

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 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 Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

James Ralston

Starr

Walker

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 430 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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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.

The House amendment was as follows:
Amend the Senate substitute to HB 516 by adding in the title on line 7 of page 2 between the word "sale" and the word "of the following:
"or resale".
By adding on line 35 of page 2 between the word "held" and the word "may" the following:
"or the sponsor of such contest or event may charge or".
By adding on line 39 of page 2 between the word "writing" and the word "shall" the following:
"granting authority to another".
By adding at the end of line 14 of page 3 the following:
"The term 'ticket broker' shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons."
By striking in their entirety lines 19 through 21 on page 6 and inserting in lieu thereof the following:
"(a) No provision of this article or any other provision of law shall prohibit any person who is the purchaser of tickets to".
By striking from line 33 of page 6 the words "respecting the sale" and inserting in lieu thereof the following:
"restricting the sale or resale".
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate substitute to HB 516.

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 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 Stokes Taylor Thomas Thompson Turner
Tysinger Walker

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Those not voting were Senators:

James Johnson of 2nd

Starr

Tanksley

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 516.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House of confer with a like commit tee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Snow of the 2nd, Coker of the 31st, Lane of the 146th.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Buckner of the 95th, Ashe of the 46th and Coleman of the 80th.
The following bill was taken up to consider House action thereto:
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.

FRIDAY, MARCH 17, 1995

2185

The House amendments were as follows: House amendment #1 (Breedlove): An amendment to SB 32:
on line 14 of page three, striking the word "prior" and inserting the following: "within one year following"
(the effect of this amendment is to clarify which landfills would be affected by SB 32) surplusage
House amendment #2 (Deloach amendment as amended):
Amend SB 32 by striking line 18 on page 1 and inserting in lieu thereof the following: "Waste Management Act," is amended by inserting at the end of Code Section 12-8-25.3, relating to restrictions on landfill sites within significant ground-water recharge areas, the following:
'(c) No permit or modification of an existing permit for a lateral expansion shall be issued for a municipal solid waste landfill or for land application of municipal sewage sludge located in an area designated by Hydrologic Atlas 18 prepared by the Department of Natural Resources as a significant ground-water recharge area including, but not limited to, those areas designated as probable areas of thick soils, which has a ground surface area of 75 square miles or less.
(d) No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range.'
SECTION 2.
Said part is further amended by adding after Code".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
House amendment #3 (Dobbs AM 14 0191): Amend SB 32 by striking on line 10 on page 2 the following:
"four-mile"
and inserting in lieu thereof the following: "two-mile".
By striking on line 13 of page 2 the word "five" and inserting in lieu thereof the following:
"all or a portion of three". By striking line 2 on page 3 and inserting in lieu thereof the following:
"requiring a new permit; provided, however, that a permit for a vertical expansion not to exceed 5 million tons capacity may be granted if all permitted landfills wholly or partially in the two-mile radius circular geographic area are in compliance with state and federal laws and regulations and any applicable remedial plans have been implemented."
House amendment #4 (Lakly AM 14 0194). Amend SB 32 by adding after the semi colon on line 11 of page 1 the following:
"to provide for inapplicability within the boundaries of certain municipalities which own or operate combined sewer overflow systems;". By striking the quotation mark on line 8 of page 3 and adding immediately thereafter the following:
"(f) This Code section shall not apply within the territorial limits on any municipal corpo ration which owns or operates a combined sewer overflow or CSO until and unless such municipal corporation is in full and complete compliance with all requirements of Code

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Section 12-5-29.1 and for purposes of this Code section the term 'combined sewer over flow' or 'CSO' shall have the same meaning as provided for in Code Section 12-5-29.1.'"

Senator Scott of the 36th moved that the Senate agree to the House amendment as amended by the following amendment:
Amend the House amendments to SB 32 as follows:
(1) Accept the House amendment (the DeLoach amendment as amended by the Ray amend ment) with the following additional amendment to this House amendment:
(a) Amend this House amendment by striking the words "for a lateral expansion" on lines 8 and 9 of page 1; by striking the words "a municipal solid waste landfill or for" on lines 9 and 10 of page 1; by inserting the word "untreated" before the word "municipal" on line 10 of page 1; and by striking the symbol and words ", which has a ground surface area of 75 square miles or less" on lines 15 and 16 of page 1.
(b) Further amend this House amendment by adding at the end thereof the following:
"By adding after the word 'to' on line 3 of page 1 the following:
'provide for regulations with respect to the siting of certain solid waste facilities; to restrict the application of certain sludge in certain areas; to restrict the location of facilities adjacent to certain bombing range facilities; to'".
(2) Accept the Dobbs amendment (AM 14 0191).
(3) Strike in its entirety the Breedlove amendment; and
(4) Strike in its entirety the Lakly amendment (AM 14 0194).

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

Those voting in the affirmative were Senators:

Abernathy Black Boshears Broun of 46th
Brown of 26th Day Dean Egan Farrow Griffin
Harbison

Henson Hill Hooks James
Johnson of 2nd Kemp Marable Middleton Oliver Ragan

Ray Scott Slotin Starr
Stokes Tanksley Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Balfour Blitch
Bowen Burton
Cagle Cheeks
Clay
Crotts Edge

Gillis Glanton
Gochenour Guhl
Isakson Johnson of 1st
Land
Langford Madden

McGuire Newbill Pollard Ralston
Thompson
Tysinger

Not voting was Senator Perdue.

On the motion, the yeas were 31, nays 24; the motion prevailed, and the Senate agreed to the House amendments to SB 32 as amended by the Senate.

FRIDAY, MARCH 17, 1995

2187

The following bill was taken up to consider House action thereto:
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.
Senator Newbill of the 56th moved that the Senate adhere to its amendment to HB 145 and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 1; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Marable of the 52nd, Newbill of the 56th and Hill of the 4th.
The following bills were taken up to consider House action thereto:
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.
Senator Boshears of the 6th moved that the Senate adhere to its amendment to HB 338 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Boshears of the 6th, Guhl of the 45th and Farrow of the 54th.
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.
Senator Thompson of the 33rd moved that the Senate adhere to its amendment to HB 601 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0, the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Isakson of the 21st, Thompson of the 33rd and Marable of the 52nd.
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.
Senator Hill of the 4th moved that the Senate adhere to its amendment to HB 365 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following:

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Senators Hill of the 4th, Land of the 16th and Balfour of the 9th. The following resolution was taken up to consider House action thereto:

HR 319. By Representative Reichert of the 126th:
A resolution compensating Five Star Dodge, Inc..
Senator Brown of the 26th moved that the Senate adhere to its substitute to HR 319 and that a Conference Committee be appointed,
On the motion, the yeas were 31, nays 0: the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Clay of the 37th, Marable of the 52nd and Middleton of the 50th.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows: Amend the Senate substitute to HB 704 as follows: Delete Section 1 and renumber sections accordingly.

Senator Clay of the 37th moved that the Senate agree to the House amendment to the Senate substitute to HB 704.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Boshears Bowen Dean Gillis

Guhl Isakson Marable Perdue (excused)

Starr (excused) Stokes Turner Walker

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2189

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 704.
The following bill was taken up to consider House action thereto:
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 House amendment was as follows:
Amend SB 363 by striking in their entirety lines 10 through 12 of page 1 and inserting in lieu thereof the following:
"Georgia Higher Education Loan Program; to provide education grants to certain children of members of the Georgia National Guard who are killed, missing in action, or totally and permanently disabled while on active duty in the service of the United States or of this state and who are residents of this state; to define certain terms; to provide for the amount of grants contingent upon appropriations for such purpose; to provide for application for and approval of grants and renewals thereof; to provide for the administration of the pro gram; to provide for effective dates; to repeal conflicting laws; and for other purposes.".
By inserting following line 35 of page 9 the following:
"Said article is further amended by adding following Subpart 9 of Part 3 a new Subpart 10 to read as follows:
'Subpart 10
20-3-480.
As used in this subpart, the term:
(1) "Approved school" means the same schools as enumerated in Code Section 20-3-391 relative to the state student incentive grant program.
(2) "Eligible student" means a person 25 years of age or younger who has been a resi dent of this state for a period of at least 12 months immediately prior to the date of registration in an approved school, who remains a citizen of the state while receiving funds under this subpart, and who is a child of a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who is killed or missing in action or totally and permanently disabled while on active duty in the service of the United States or of this state, and who was a resident of the State of Georgia at the time he or she was killed, reported as missing in action, or totally and permanently disabled. If such student is the adopted child of any such member of the Georgia National Guard, such student must have been adopted in a final order of adoption prior to the date that such member was killed, reported as missing in action, or totally and permanently disabled.
20-3-481.
(a) There is granted to each eligible student attending an approved school the sum of $2,000.00 per academic year. No person shall be eligible to receive grant assistance pro vided under this subpart in excess of $8,000.00. Grant assistance to eligible students under this subpart shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under this subpart shall be contin gent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly.

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(b) Any person otherwise meeting the conditions of this subpart shall be eligible to re ceive a grant even though the accident or the event causing the death or missing in ac tion status of such person's parent occurred prior to July 1, 1995.
20-3-482.
(a) Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the author ity for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a find ing that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she re mains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this subpart.
(b) The authority is authorized to prescribe such rules and regulations as may be neces sary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures for verifying the death or missing in action status of the appli cant's parent."'
By striking in their entirety lines 36 and 37 of page 9 and inserting in lieu thereof the following:

"SECTION 10.

(a) Sections 1 through 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 9 of this Act shall become effective July 1, 1995."
By renumbering Section 10 as Section 11.

Senator Burton of the 5th moved that the Senate agree to the House amendment to SB 363.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Boshears Gillis

Guhl Hooks James Perdue (excused)

Scott Starr (excused) Walker

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2191

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 363.
The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend the Senate amendment to HB 471 by adding between lines 2 and 3 of page 1 the following:
"Amend HB 471 by adding on line 12 of page 1 between the semicolon and the word 'to' the following:
'to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the defi nition of the term "plumbing";"'.
By striking from line 3 of page 1 the following:
"Amend HB 471 by",
and inserting in lieu thereof the following: "By".
By adding below line 6 of page 1 the following:
"By renumbering Section 2 on page 2 as Section 3 and adding between lines 39 and 40 of page 2 the following:
'SECTION 2.
Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions ap plicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing pip ing fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems within or adjacent to any building, structure, or conveyance. The term 'plumbing" also includes the practice of and materials used in installing, maintaining, extending, or al tering the storm-water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Notwithstand ing any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five teet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system."'"
Senator Tysinger of the 41st moved that the Senate agree to the House amendment to the Senate amendment to HB 471.

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

Those voting in the affirmative were Senators:

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

Farrow Glanton Harbison Henson Hill Isakson James Johnson of 2nd Kemp Land Langford Madden Marable McGuire

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

Voting in the negative were Senators Cagle and Gochenour.

Those not voting were Senators:

Black Boshears Gillis Griffin

Guhl Hooks Johnson of 1st Perdue (excused)

Ray Scott Starr (excused) Walker

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 471.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 557 was as follows:

The Committee of Conference on HB 557 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 557 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Stephen B. Farrow Senator, 54th District

1st E.M. Childers Representative, 13th District

1st Walter S. Ray Senator, 19th District

/s/ David E. Lucas Representative, 124th District

/s/ Steve Thompson Senator, 33rd District

/s/ Tom Sherrill Representative, 62nd District

FRIDAY, MARCH 17, 1995

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Committee of Conference substitute to HB 557:
A BILL
To be entitled an Act 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 ombudsman training and relating to entry and access to records and documents; to change the provisions relating to interference with official duties and provide for sanctions; to change the provisions relating to immunity from liability; to pro vide for 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, is amended by striking Code Section 31-8-52, relating to establishment of the long-term care ombudsman program, and inserting in its place the following:
"31-8-52.
Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Resources has been required to establish and oper ate a long-term care ombudsman program. In order to receive such funds, the depart ment has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship in a long term care facility of at least seven working days in a nursing home and at least three working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereaf ter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the depart ment's standards as community ombudsman."
SECTION 1.1
Said article is further amended by striking Code Section 31-8-55, relating to entry author ity, and inserting in its place the following:
"31-8-55.
(a) The state ombudsman or community ombudsman, on his or her initiative or in re sponse to complaints made by or on behalf of residents of long-term care facilities, may conduct investigations in matters within his or her powers and duties as provided by this article.
(b) The state ombudsman or community ombudsman shall have the authority to enter any long-term care facility and shall use his or her best efforts to enter such facility during normal visiting hours, but in no event shall he enter the facility between the hours uf 9.00 P.M. and 9:00 A.M. without good cause and 24 hours' prior notice to the

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JOURNAL OF THE SENATE

ctcimiiiisti 3.LO1' or p&rson in crisr^'B ox tlic iscility 3.1 t/ri3 Liiiitt tlit^ noticG is--STIVBH. Upon entering the long-term care facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the fa cility, individually or in groups. The ombudsman shall have access to the patient recuids medical and social records of any resident, provided, however, that the medical and per-
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tllG pci'iUlSSiOil GT trl l^Siu.GilvXH* illS iG^Jfllly <l|}pGlllttiu ^U&i'Qi&i
(1) The ombudsman has the permission of the resident or the legal representative or guardian of the resident;
(2) The resident is unable to consent to the review and has no legal representative or guardian; or
(3) There is a guardian of the person of the resident and that guardian refuses to permit access to the records necessary to investigate a complaint, andT
(A) There is reasonable cause to believe that the guardian is not acting in the best interests of the resident; and
(B) A community ombudsman obtains the approval of the state ombudsman.
As used in this Code section, the term legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, ad ministrator, or administratrix of the estate of a deceased resident. The ombudsman shall have the authority to inspect the physical plant ofHlit! facility and have access to the ad ministrative records, policies, and documents of the facility to which the residents have or the general public has access. Entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents.
(c) The state ombudsman or community ombudsman shall identify himself or herself as such to the resident, and the resident shall have the right to communicate or refuse to communicate with the ombudsman.
(d) The resident shall have the right to participate in planning any course of action to be taken on his or her behalf by the state ombudsman or community ombudsman, and the resident shall have the right to approve or disapprove any proposed action to be taken on his or her behalf by such ombudsman.
(e) The state ombudsman and community ombudsman shall have authority to obtain from any government agency, and such agency shall provide, such cooperation and assistance, services, data, and access to files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided such information is not privileged under any law.
(f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a resident by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the resident in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication.
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SECTION 2.
Said article is further amended by striking Code Section 31-8-60, relating to retaliation, and inserting in its place the following:
"31-8-60.
No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person

FRIDAY, MARCH 17, 1995

2195

because of the making of a complaint or providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. Code Sections 31-2-6 and 31-5-8 shall apply fiilly to any violation of this article."

SECTION 3.

Said article is further amended by striking Code Section 31-8-62, relating to liability, and inserting in its place the following:
"31-8-62.
Any person who, in good faith, makes a complaint or provides information as authorized in this article and any shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, makes performs his or her official duties, including but not limited to, making a statement or communication relevant to a com plaint received or an investigative activity conducted pursuant to this article shall incur no civil or criminal liability therefor."

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 Thompson of the 33rd moved that the Senate adopt the Conference Committee report on HB 557.

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

Those voting in the affirmative were Senators:

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

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

Newbill Oliver Pollard Ragan Ralston Ray Scott Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators Egan and Slotin.

Those not voting were Senators:

Abernathy Black Boshears Gillis

Guhl Harbison Johnson of 2nd

Perdue (excused) Starr (excused) Walker

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 557.

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JOURNAL OF THE SENATE

The following bill was taken up to consider House action thereto:
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.
The House amendment was as follows:
Amend Senate amendment #2 to HB 610 by striking lines 3 through 41 of page 1 and lines 1 through 3 of page 2 in their entirety and by striking lines 1 through 4 of page 1 of Senate amendment #1 to HB 610 in their entirety and inserting in lieu thereof the following:
"Amend HB 610 by striking lines 20 through 34 of page 1, lines 1 through 45 of page 2, lines 1 through 44 of page 3, and lines 1 through 28 of page 4 in their entirety and inserting in lieu thereof the following:
\D/ A* Clici tiiiic Si CiltillllCcll L6St 01' LtiStS cli'ti l^CfU^St^CL, tile ^361SGil Sliii.ll D llliOllilttCl Dy
the attesting officer that: At the time a chemical test or tests are requested the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
V J./ IjreOl'^ietielW Hs^UilT6S Lliii pftiTSOil tO SUDliliL tO <i wiSL tO 0.t;Lci'iiiiii0 II tUG j^/cl'feOli iS
under the influence uf alcohol or other di ugs, Implied consent notice for suspects under age 18:
"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you retuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.04 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. Alter first submitting to the required state tests you are entitled to addi tional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the im plied consent lawT
\&) II tllti LcSLiiIJ3 iS i'^IUficu, tH6 pci'SGil o ul'iVfii S liCtiilSt; Oi1 li^Jllt LO uFlVc Will D3 SU.S-
J36Hu.u 101' ii pl~lGu 01 GUfe y^fl.11 Gi", it tllG p^I'SOO iS Ui.iu.fei1 ci^c J.o, IG11 cl ptl'iOu Ol GH6 ycctl
Oi1 uiitll lliti <1^6 01 J.Uj WliiCli6V61' IS ^i'ticiLiil1 , 01', il t!16 VcilllClG Ifc Si COlililitll'Citli VcliiClt;,
um period uf uf yeai , Implied consent notice for suspects age 18 or over:
"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be ottered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you

FRIDAY, MARCH 17, 1995

2197

submit to the state administered chemical tests of your (designate which tests)

under the implied consent law?"

,,,> Tf f f

f

1

1 fl

.it , "T!" at a bl d al^oh 1 WP~ itt ationuf 0.10

grams or ""- *1"- J - !----"--u----

drivt nav 1 i ^ J J f a. UJ.X1H1JJ u.ij.1

period of tjiic ycai ui , lui a pci suii under the a^^ uPi iJn.o, a io-iiuuui a*l:^i^liul ^uui.

0.04 gramLO Ul U1U1 ^, tile ^}^1 &LII1 5 IjUivei's liten

LUlillill U111 ^jci luCl ul Olic J^cii ui until the age of 18, whichever is greate aa a .....^M^ai..;..1 ,,,..1... , .-I.,:..!... ......i iiln.i. i..,<. __,.,14., ;_J4.... i., 11.... ......,.-.-.s..,^sf

AUJI alcohol, the persoa will be Issued an uul of service order and will be prohibited

rrOKl OpGl'fl. I ni.^ L lilOtOl" V^lllClG lOF i&4 llOUI'Sj 311C1 II til6 fCStlitS iHdlC3t6 3. DiOOu. 3.1C011O1
cones11trstion ox u.i/4 ^I'jttiiis ormor^j tftfr prison w\ill DC uiSQu&liri^u irotti o^^i'fLtjiii^ & commercial oiotoi1 vehicle foi a minimum peiiud of one year; Implied consent notice for commercial motor vehicle driver suspects:

"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentra tion of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the re quired state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?''

(4) AiLvi bUuillittii'ig LVJ Llic Ic^uncu tic&tlll^, Lllc ^)ci~>C*il iMl&ll Lie ciiLiLlcu LO OljLctiii ctil

(tj) Mile i't^IUSeLl Lu buuiillli LO l Lciit/ illciy DC vllcicii niLO cvxuciiCc d^amoL Lllt^ ^}clSuli ctL
ti iiil.
Failure to provide any notim required imdei this subsection hliall not invalidate the sus pension pmsuant to this Code heclioii of any driver's license. If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person.".

Senator Edge of the 28th moved that the Senate recede from Senate amendment #1 (Clay) and agree to the House amendment to the Senate amendment #2 (Taylor).

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

Crotts Day Dean Edge Glanton Gochenour Griffin Harbison Henson Hill Hooks

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

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JOURNAL OF THE SENATE

Newbill Oliver Pollard Ragan Ralston

Scott Slotin Starr Stokes Tanksley

Those not voting were Senators:

Boshears Egan Farrow

Gillis Guhl Perdue

Taylor Thomas Thompson Turner Tysinger
Ray Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from Senate amendment #1 and agreed to the House amendment to Senate amendment #2 to HB 610.

Senator Abernathy of the 38th moved that the following resolution be taken from the Table:

SR 321. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and others:
A resolution providing for the placement of a portrait of the Honorable Leroy R. Johnson in the Capitol.
On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 321 was taken from the Table.
Pursuant to Rule 111, SR 321 was put upon its adoption.
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 Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Gillis Griffin

Henson Hill Hooks James Johnson of 2nd Kemp Madden Marable Middleton Oliver

Perdue Ragan Ray Scott Slotin Stokes Tanksley Taylor Thomas Walker

Those not voting were Senators:

Balfour Black Blitch Boshears Cagle Day Edge Egan
Farrow

Glanton Gochenour Guhl Harbison Isakson Johnson of 1st Land Langford

McGuire Newbill Pollard Ralston Starr Thompson Turner Tysinger

On the adoption of the resolution, the yeas were 31, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 17, 1995

2199

The following bill was taken up to consider House action thereto:

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.

Senator Perdue of the 18th moved that the Senate recede from its substitute to HB 60.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge 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 Ray Scott Slotin Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Blitch Boshears

Egan Johnson of 2nd Ralston

Starr Thomas

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 60.
The following resolution was taken up to consider House action thereto:

HR 277. By Representative Reichert of the 126th:
A resolution compensating Mr. Robert T. Cramer.
Senator Brown of the 26th moved that the Senate adhere to its substitute to HR 277 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Middleton of the 50th, Marable of the 52nd and Clay of the 37th.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment, to the House amendment.to the following bill of the Senate:

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JOURNAL OF THE SENATE

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.

The following bill was taken up to consider House action thereto:

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, up on the consent of the defendant.

The House amendment was as follows: Amend the Senate substitute to HB 627 by striking lines 17 through 21 on page 2 and inserting in lieu thereof the following:
"concerning witnesses; to provide for related matters;" By striking lines 15 through 42 on page 13 and lines 1 through 36 on page 14.

Senator Clay of the 37th moved that the Senate agree to the House amendment to the Senate substitute to HB 627.

On the motion, 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 Egan
Farrow

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

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

Those voting in the negative were Senators:

Blitch

Guhl

Thompson

Those not voting were Senators:

Boshears Edge (excused) Harbison

James Johnson of 2nd Perdue (excused)

Ray Scott

FRIDAY, MARCH 17, 1995

2201

Starr (excused)

Walker

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 627.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 76 by striking lines 1 through 28 of page 1 and in serting in their place the following:
"To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to prohibit the furnishing or dissemination of certain information relating to terroristic acts, or relating to certain weapons or devices; to change the provisions prohibiting the use of certain communication facilities regarding felonies; to change certain provisions relating to the use of 'fighting words,' obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly conduct; to provide that certain powers of coun ties or municipalities shall not be affected or limited; to provide for the offense of harassing phone calls; to provide for criminal penalties; to provide for effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by strik ing subsection (a) of Code Section 16-13-32.3, relating to the use of certain communication facilities regarding certain felonies, and inserting in its place the following:
'(a) It shall be unlawful for any person knowingly or intentionally to use any communica tion facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section. For purposes of this Code section, the term "communication facility" means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer network, and all other means of communication.'
SECTION 2.
Said title is further amended by adding immediately following Code Section 16-11-37 a new Code section to read as follows:
'16-11-37.1.
It shall be unlawful for any person knowingly to furnish or disseminate through a com puter or computer network any picture, photograph, or drawing, or similar visual repre sentation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person con victed for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.'

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JOURNAL OF THE SENATE

SECTION 3.
Said title is further amended by striking Code Section 16-11-39, relating to the use offight ing words' and vulgar language, and inserting in its place two new Code sections to read as follows:
'16-11-39.
(a) A person commits the offense of disorderly conduct when such person commits any of the following:
(1) Acts in a violent or tumultuous manner toward another person whereby such per son is placed in reasonable fear of the safety of such person's life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the prop erty of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an imme diate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called "fighting words"; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
(b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disor derly conduct within their respective limits.
16-11-39.1.
(a) A person commits the offense of harassing phone calls if such person telephones an other person repeatedly, whether or not conversation ensues, for the purpose of annoy ing, harassing, or molesting another person or the family of such other person; uses over the telephone language threatening bodily harm; telephones and intentionally fails to hang up or disengage the connection; or knowingly permits any telephone under such person's control to be used for any purpose prohibited by this subsection.
(b) Any person who commits the offense of harassing phone calls shall be guilty of a misdemeanor.'
SECTION 4.
Said title is further amended by striking in its entirety Code Section 16-11-151, relating to prohibited training regarding dangerous weapons and devices, and inserting in lieu thereof the following:
16-11-151.
(a) As used in this Code section, the term "dangerous weapon" has the same meaning as found in paragraph (1) of Code Section 16-11-121.
(b) It shall be unlawful for any person to:
(1) Teach, train, or demonstrate to any other person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of caus ing injury or death to persons either directly or through a writing or over or through a computer or computer network if the person teaching, training, or demonstrating knows, has reason to know, or intends that such teaching, training, or demonstrating will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection; or

FRIDAY, MARCH 17, 1995

2203

(2) Assemble with one or more persons for the purpose of being taught, trained, or instructed in the use of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if such person so assembling knows, has reason to know, or intends that such teaching, training, or instruction will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection.
(c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both.'

SECTION 5.

This Act shall become effective July 1, 1995.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed."
Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate substitute to HB 76.

On the motion, 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 Cheeks Clay Crotts Day Dean Egan Farrow

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Boshears Edge (excused) Hooks

James Marable Perdue (excused) Ray

Starr (excused) Taylor Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 76.

The following bill was taken up to consider the Conference Committee report thereto:

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.

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JOURNAL OF THE SENATE

The Conference Committee report on SB 93 was as follows:

The Committee of Conference on SB 93 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 93 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Stephen B. Farrow Senator, 54th District

/s/ Ronnie Culbreth Representative, 132nd District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ E.M. Childers Representative, 13th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Earl L. O'Neal Representative, 75th District

Committee of Conference substitute to SB 93:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the requirements for determining whether a person needs invol untary outpatient care or involuntary inpatient care for mental illness; to change certain provisions concerning access to mental health records; to change the provisions relating to definitions; to provide civil immunity for certain entities providing information regarding peer review; to change the scope of confidentiality for peer review; organizations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing in their entirety subsections (a), (c), and (d) of Code Section 37-3-90, relating to deter mination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, and inserting in lieu thereof, respectively, new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and
(2) If an outpatient, whether:
(A) There there is available outpatient treatment.; and
(B) Tlic L>ALiciiL Will likely COmLiIv Witll tile ulituaLicut ti ctiLiii^ilt htj <i& Uj liiiiliilliZfi

"(c) A person determined and certified to be: (1) An outpatient; and (2) A person for whom there is available outpatient treatment; and

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shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1); and (2); and (0) of subsection (c) of this Code section shall be considered to be in need of involuntary inpa tient treatment and not involuntary outpatient treatment for purposes of further pro ceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.
(e) Any minor admitted voluntarily shall be released at any time after written request is made by the minor's parent or legal guardian."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (d) of Code Section 37-3-167, relating to the right of patient to examine his records and other matters, which reads as follows:
"(d) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subsequent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling sta tistics for proper purposes to inspect and make abstracts from official records, but with out personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order."
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provisions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a proceeding under this chapter since September 1,1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
(2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evaluation, treat ment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such official or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record.
(3) Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dis semination of the information to certain persons or for certain purposes or both.

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(4) The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representa tives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution the court may deem proper. The court may punish by contempt any violations of any such conditions."
SECTION 3.
Said title is further amended by striking in their entirety Code Sections 31-7-131 through 31-7-133, 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 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, un derwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care 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 officers, directors, or employ ees of such corporation or organization or the members ot such corporation's or organization's governing board who are performing a peer review Junction; a55
(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 Such term also means any other national accreditation body or any panel, committee, or organization:
(A) Which: which

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(i) Is is primarily composed of professional health care providers;
(ii) Is an insurer, self-insurer, health maintenance organization, preferred pro vider organization, provider network, or other organization enaged in managed care; or
(iii) Provides which-provides professional liability insurance for health care prov iders, and
(B) Which which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of:
(iXA-) Evaluating and improving the quality and efficiency of health care rendered;
(h'KB) Reducing morbidity or mortality; or
(iiiXO) Evaluating claims against health care providers or engaging in underwrit ing" decisions in connection with professional liability insurance coverage for health care providers?;
(iv) Compiling aggregate data concerning the procedures and outcomes of hospilals for the purposes of evaluating the quality and efficiency of health care serv ices. Under no circumstances shall any such aggregate data or any other peer review information relating to an individual professional health care provider be disclosed or released to any person or entity without the express prior written con sent of such health care provider, but such aggregate data or other peer review information may be released to another review organization upon the written re quest of such organization if such requesting review organization has specific rea son to believe that immediate access to such aggregate data or information is necessary to protect the public health, safety, and welfare. Such aggregate data and other peer review information shall be used for peer review purposes only and In no event shall such aggregate data or any other peer review information be sold or otherwise similarly distributed, but a review organization shall be authorized to utilize the services of and pay a fee to another person or entity to compile or ana lyze such aggregate data; or
(v) Evaluating the quality and efficiency of health care services rendered by a pro fessional health care provider in connection with participation as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care.
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, 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 providing it knew that such information was false.
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 out of or otherwise directly related
tO tiic iXlJitLtirS WlllCii 3.F3 Lli(3 SU.DJ6CI 01"~~6VtiU.lulGil Lilu F6V1&W oy SLlClA Ol&iliZttiOil, 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

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or presented during the proceedings or activities of such organization or as to any find ings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this article shall also apply to any proceedings, records, actions, activities, evidence, findings, recommendations, evalua tions, opinions, data, or other information shared between review organizations 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 discov ery or use in any such civil action merely because they were presented during proceed ings of such organization, nor should any person who testifies before such organization 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 witness 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:; or
(3) A health care provider from obtaining the specific reasons and the records and pro ceedings related to such provider's exclusion or termination as a participating provider in a health maintenance organization, provider network, or other organization which engages in managed care if such provider has brought a civil action against such health maintenance organization, provider network, or other organization for wrongful exclusion or termination."

SECTION 4.

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

Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on SB 93.

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 Crotts Day Dean Egan Farrow

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

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

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Those not voting were Senators:

Clay Edge (excused) Hooks

Isakson Kemp Perdue (excused)

Starr (excused) Tanksley Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 93.
The following bill was taken up to consider House action thereto:

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.
Senator Johnson of the 2nd moved that the Senate adhere to its amendment to the House amendment to SB 430 and that a Conference Committee be appointed.
On the motion, the yeas, were 29, nays 0; the motion prevailed, and the President appointed as a Committee of Conference on the part of the Senate the following:
Senators Johnson of the 1st, Johnson of the 2nd and Kemp of the 3rd.
Senator Tysinger of the 41st moved that the following bill be taken from the Table:

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. Senate Sponsor: Senator Edge of the 28th.
On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 340 was taken from the Table.
Pursuant to Rule 111, HB 340 was put upon its passage:
The Senate Committee on Special Judiciary offered the following substitute to HB 340:
A BILL
To be entitled an Act 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, tools, and weapons used or intended for use 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; to provide for the disposition of property forfeited or the proceeds derived from forfeited property; to provide certain excep tions; to require law enforcement agencies to file certain reports relating to money, cur rency, or proceeds realized from forfeited property received; 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.
Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," is amended by adding following Chapter 15 a new Chapter 16 to read as follows:
"CHAPTER 16
16-16-1.
As used in this chapter, the term:
(1) 'Armed robbery' means the offense defined in subsection (a) of Code Section 16-841.
(2) 'Burglary* means the offense defined in subsection (a) of Code Section 16-7-1. 16-16-2.
(a) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a burglary or armed rob bery are subject to forfeiture under this chapter, but:
(1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a burglary or armed robbery;
(2) No motor vehicle is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted with out his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission is protected to the extent of the interest of such co-owner; and
(3) A forfeiture of a motor vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if he or she neither had knowledge of or nor con sented to the act or omission.
(b) Property subject to forfeiture under this chapter may be seized by any law enforce ment officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter; or
(3) If probable cause exists that the vehicle, tool, or weapon is subject to seizure.
(c) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that the burglary or armed robbery was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, law enforce ment officers seizing such property shall:
(1) Place the property under seal;
(2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or
(3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(d) When property is seized under this chapter, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district

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attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date he or she receives notice of the seizure, the district attorney of the judicial circuit shall cause to be filed in the superior court of the county in which the property is seized or detained an in rem complaint for forfeiture of such prop erty as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the complaint shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The complaint shall describe the property, state its location, state its present custodian, state the name of the owner, if known to the duly authorized agent of the state, allege the essential elements of the violation upon which the forfeiture is based, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such a complaint, the court shall promptly cause process to issue to the pres ent custodian in possession of the property described in the complaint, commanding him or her to seize the property described in the complaint and to hold that property for further order of the court. A copy of the complaint shall be served on the owner or lessee, if known. A copy of the complaint shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceed ings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals him self or herself to avoid service. An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(1) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(2) The address at which the claimant will accept mail;
(3) The nature and extent of the claimant's interest in the property;
(4) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property;
(5) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(6) All essential facts supporting each assertion; and
(7) The precise relief sought.
If at the expiration of the period set forth in this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code sec tion. If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. If the court determines that a claimant defending the complaint knew or by the exercise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposi tion of the seized property as provided in this Code section and that claimant shall have no claim upon the property or proceeds from the sale thereof.

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(e)(l) When property is forfeited under this chapter, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that the burglary or armed robbery was committed may dispose of the property by issuing an order to:
(A) Retain it for official use by any agency of this state or any political subdivision thereof;
(B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of seizure, maintenance of custody, advertising, and court costs; or
(C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law.
(2XA) Money, currency, or proceeds which are realized from the sale or disposition of forfeited property shall after satisfaction of the interest of secured parties and after payment of all costs vest in the local political subdivision whose law enforcement officers seized it. If the property was seized by a municipal law enforcement agency then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that municipality. If the property was seized by a county law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county. If the property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the property was seized by a state law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of para graph (1) of this subsection for payment of all costs, the local government in which the money, currency, or proceeds realized from the forfeited property vests shall ex pend or use such funds or proceeds received for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or to fund victimwitness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations.
(B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submit ted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th offered the following amendment:
Amend the committee substitute to HB 340 by striking line 2 on page 1 and inserting in lieu thereof the following:
"known as the 'Criminal Code of Georgia,' 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; to provide".

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By striking line 18 on page 1 and inserting in lieu thereof the following:
"the 'Criminal Code of Georgia,' is amended by striking in its entirety Code Section 1611-60 and by inserting in lieu thereof the following:
'16-11-60.
As used within this part, the term:
(1) "Device" means an instrument or apparatus used for overhearing, recording, inter cepting, or transmitting sounds or for observing, photographing, recording, or transmit ting visual images and which involves in its operation electricity, electronics, infrared, laser or similar beams, but not including merely focusing, lighting, illuminating equip ment, optical magnifying equipment, or a device commonly referred to as an "individual hearing aid:2," and not including a "pen register" or "trap and trace device" as defined in this Code section.
(2) "Pen register" means an instrument or apparatus which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any in strument or apparatus used by a provider or customer of a wire or electronic communica tion service for billing, or recording as an incident to billing, for communications services provided by such provider or any instrument or apparatus used by a provider or cus tomer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business?
(2X3) "Private place" means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance.
(4) "Trap and trace device" means an instrument or apparatus which captures the incom ing electronic or other impulses which identify the originating number of an instrument or apparatus from which a wire or electronic communication was transmitteo?
SECTION 2.
Said title is further amended by adding, following Code Section 16-11-64, new Code sec tions to be designated Code Sections 16-11-64.1 and 16-11-64.2 to read as follows:
'16-11-64.1.
Any district attorney or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a superior court for the circuit wherein the pen register or trap and trace device is to be installed and used, and the superior court for that circuit is authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States.
16-11-64.2.
Any investigative or law enforcement officer, specially designated in writing for such pur pose by the Attorney General or by a district attorney, who reasonably determines that:
(1) An emergency situation exists that involves:
(A) Immediate danger of death or serious bodily injury to any person; or
(B) Conspiratorial activities characteristic of organized crime
that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and
(2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use

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may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1."
SECTION 3.
Said title is further amended by adding".
By renumbering Section 2 as Section 4.
On the adoption of the amendment, the yeas were 35, nays 0, and the Edge amend ment to the committee substitute was adopted.
Senators Tysinger of the 41st and Edge of the 28th offered the following amendment:
Amend the committee substitute to HB 340 by striking in its entirety line 2 of page 1 and inserting in lieu thereof the following:
"known as the 'Criminal Code of Georgia,' so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to provide for preserving the secrecy of trade secrets in prosecutions; to provide for exceptions; to provide".
By inserting following line 15 of page 1 the following:
"SECTION 1.
Title 16 of the Official Code of Georgia Annotated, known as the 'Criminal Code of Georgia,' is amended by striking Code Section 16-8-13, relating to stealing and embezzling trade secrets, and inserting in lieu thereof the following:
'16-8-13.
(a) As used in this Code section, the term:
(1) "Article" means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photo graph, microorganism, blueprint, or map.
(2) "Copy" means any facsimile, replica, photograph, or other reproduction of an article and any note, drawing, or sketch made of or from an article.
(3) "Representing" means describing, depicting, containing, constituting, reflecting, or recording.
(4) "Trade secret" means information, without regard to form, including, but not lim ited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not com monly known by or available to the public and which information:
(A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can ob tain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(b) Any person who, with the intent to deprive or withhold from the owner thereof the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:
(1) Takes, uses, or discloses such trade secret to an unauthorized person;
(2) Acquires knowledge of such trade secret by deceitful means or artful practice; or
(3) Without authority, makes or causes to be made a copy of an article representing such trade secret
commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine

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of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor.
(c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hear ings, sealing the records of the action, and ordering any person involved in the litiga tion not to disclose an alleged trade secret without prior court approval.
(d) For the purposes of this Code section, a continuing theft by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who committed the theft.
(e) This Code section shall not affect:

(1) Contractual duties or remedies, whether or not based on theft of a trade secret; or

(2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section."

By renumbering Sections 1 and 2 as Sections 2 and 3, respectively.

By striking in their entirety lines 17 and 18 of page 1 and inserting in lieu thereof the following:

"Said title is further amended by adding".
On the adoption of the amendment, the yeas were 31, nays 0, and the Tysinger amend ment to the committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 29, nays 0, and the 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 Crotts Day 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 Pollard Ragan Ralston
Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson
Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Clay Dean Griffin

Langford Perdue (excused)

Starr (excused) Walker

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

Senator Scott of the 36th moved that the following resolution be taken from the Table:

SR 264. By Senator Scott of the 36th: A resolution amending the Rules of the Senate.

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

Those voting in the affirmative were Senators:

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

Hill Hooks James Johnson of 1st Kemp Marable Middleton Perdue Ragan Ray

Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Burton Cagle Cheeks Clay Crotts

Day Edge Egan Glanton Gochenour Isakson Land

Langford Madden McGuire Newbill Pollard Tanksley

Those not voting were Senators:

Blitch Boshears Guhl

Johnson of 2nd Oliver

Ralston Tysinger

On the motion, the yeas were 29, nays 20; the motion prevailed, and SR 264 was taken from the Table.
Pursuant to Rule 111, SR 264 was put upon its adoption: Senator Cheeks of the 23rd offered the following amendment: Amend SR 264 by changing on line 8 the No. (26) to (40)

Senator Edge of the 28th moved that SR 264 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

Boshears Burton

Cagle Cheeks

FRIDAY, MARCH 17, 1995

2217

Clay Crotts Day Edge Glanton Gochenour

Guhl Isakson Johnson of 1st Land Madden McGuire

Those voting in the negative were Senators:

Abernathy Blitch Broun of 46th Brown of 26th Dean
Egan Farrow Griffin Harbison Henson

Hill James Johnson of 2nd Kemp Langford
Marable Middleton Newbill Oliver Perdue

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

Those not voting were Senators:

Bowen

Gillis

Hooks

On the motion, the yeas were 24, nays 29, and the motion was lost.
Senator Scott of the 36th moved that SR 264 be placed on the Table.
On the motion, the yeas were 28, nays 19; the motion prevailed, and SR 264 was placed on the Table.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 154 was as follows:

The Committee of Conference on HB 154 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 154 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Isl Jack Hill Senator, 4th District

Isl Charlie Smith, Jr. Representative, 175th District

Is/ Richard O. Marable Senator, 52nd District

Is/ John Godbee Representative, 145th District

lal Sallie Newbill Senator, 56th District

Isl Kathy Ashe Representative, 46th District

2218

JOURNAL OF THE SENATE

Committee of Conference substitute to HB 154:
A BILL
To be entitled an Act to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit cer tain rights of school administrators; to provide for contracts and policies; to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for mem bers of local boards of education, so as to change the provisions relating to the entities conducting training workshops; 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 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, is amended by adding after paragraph (1) of subsection (a) thereof the following:
"(1.1) 'School administrator' means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description."
SECTION 2.
Said Code section is further amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following:
"(4) 'Teacher' means any professional school employee certificated by the Professional Standards Commission, but not including school administrators."
SECTION 3.
Said Code section is further amended by adding at the end thereof the following:
"(c)(l) A person who first becomes a school administrator on or after the date this subsec tion first becomes effective shall not acquire any rights under this Code section to contin ued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective shall retain such rights:
(A) In that administrative position which such administrator held immediately prior to such date; and
(B) In any other administrative position to which such administrator has been involun tarily transferred or assigned,
and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions.
(2) A teacher who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board.
(2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsec tions of this Code section and may not be terminated or suspended except as provided in

FRIDAY, MARCH 17, 1995

2219

Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection.
(3) Nothing in this subsection shall affect positions which, prior to the date this subsec tion first becomes effective, had no rights to continued employment under this Code sec tion, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employ ment under annual contracts, including but not limited to those rights under Code Sec tion 20-2-940.
(4) Notwithstanding the other provisions of this subsection, a local board of education may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public hearing after at least 30 days' notice published in the local legal organ."
SECTION 4.
Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for members of local boards of education, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the "Quality Basic Education Act; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association or other agencies or associations, to conduct workshops annu ally to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the at tendance at such annual workshops of veteran members of boards of local units of admin istration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regu lar or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board mem bers assume office."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 154.

2220

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Bowen
Edge (excused)

Gillis Harbison
Middleton

Perdue (excused) Ray
Starr (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 154.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows: Amend the Senate substitute to HB 39 by striking on line 24 of page 1 the figure "25" and inserting in lieu thereof the word "five".
Senator Thompson of the 33rd moved that the Senate disagree to the House amend ment to the Senate substitute to HB 39.
On the motion, the yeas were 33, nays 4; the motion prevailed, and the Senate dis agreed to the House amendment to the Senate substitute to HB 39.
Senator Dean of the 31st assumed the Chair.
Senator Perdue of the 18th moved that the following bill be taken from the Table:

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.
Senate Sponsor: Senator Perdue of the 18th.

FRIDAY, MARCH 17, 1995

2221

On the motion, the yeas were 29, nays 5; the motion prevailed, and HB 609 was taken from the Table.
Pursuant to Rule 111, HB 609 was put upon its passage.
The Senate Transportation Committee offered the following amendment:
Amend HB 609 by adding on line 9 of page 13 between the words "chauffeurs" and "trans porting" the following:

On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senators Thompson of the 33rd, Clay of the 37th, Farrow of the 54th, and others of fered the following amendment:
Amend HB 609 by adding in the title on line 3 of page 1 between the word "to" and the word "change" the following:
"provide for legislative intent; to".
By renumbering Section 1 beginning on line 19 of page 3 as Section 1.1 and adding between lines 18 and 19 on page 1 the following:
"SECTION 1.
It is found and determined by the General Assembly that, pursuant to the Federal Aviation Administration Authorization Act of 1994, the regulation of motor common carriers and motor contract carriers shall be limited to registration, insurance requirements, and safety inspections which will be carried out to facilitate the public interest. It is the intent of the General Assembly that the holding of hearings, required documents, and regulatory func tions of the Transportation Division of the Public Service Commission with respect to such carriers be extensively reduced in furtherance of and compliance with such federal act."
On the adoption of the amendment, the yeas were 41, nays 0, and the Thompson et al. amendment was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 609 by striking from line 5 of page 8 the following; "Solely".
On the adoption of the amendment, the yeas were 42, nays 0, and the Thompson amendment was adopted.
Senators Egan of the 40th, Slotin of the 39th and Broun of the 46th offered the follow ing amendment:
Amend HB 609 by striking from line 5 of page 8 the following:
"solely".
By striking lines 7 through 15 of page 13 in their entirety and inserting in lieu thereof the following:
"(vii) Vehicles, except limousines, transporting not more than 15 persons for hire, ex cept that any operator of such a vehicle is required to register the exempt operation with the commission, register and identity any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules; or".
On the adoption or the amendment, the yeas were 40, nays 0 and the Egan, et al. amendment was adopted.

2222

JOURNAL OF THE SENATE

Senator Cheeks of the 23rd offered the following amendment:
Amend HB 609 by deleting the words on page 42 line 33
(AN ANNUAL)
And adding the word A after the issue on line 33 p 42.
And adding the word A after the word property on line 34 p 42.
On the adoption of the amendment, the yeas were 44, nays 0, and the Cheeks amend ment was adopted.
Senator Newbill of the 56th offered the following amendment:
Amend HB 609 by adding on line 9 of page 2 immediately following the word and symbol "commerce;" the following:
"to change certain provisions relating to qualifications of applicants for limousine carrier certificates; to provide for inspection stickers and inspection fees; to provide for tempo rary certificates for out-of-state limousine carriers; to provide for chauffeurs' permits; to provide for the nontransferability of chauffeurs' permits; to remove a one-year residency requirement for chauffeurs; to provide for renewal of chauffeurs' permits; to provide that a limousine carrier operating under a certificate issued by the commission shall not be required to file annual or quarterly revenue and expense reports; to change provisions relating to information contained on license plates; to change a certain date of eligibility for certificates;".
By redesignating Sections 27 through 34 as Sections 36 through 43, respectively, and in serting new Sections 27 through 35 to read as follows:
"SECTION 27.
Said title is further amended by striking Code Section 46-7-85.1, relating to definitions regarding limousine carriers, and inserting in lieu thereof a new Code Section 46-7-85.1 to read as follows:
'46-7-85.1.
As used in this article, the term:
(1) "Certificate" means a certificate of public convenience and necessity issued by the Public Service Commission.
(2) "Chauffeur" means any person with a Georgia state driver's license who meets the
C^lAcllillCciLiOiJ.S IS pi'cSCliDcu iil wOClc o^CliOii "Hj~V~oij.-l.U tHu \viiC iS ciLiLliul IZCQ Dy LilG P U.D~
lie Service Cuiiimibsiuii tu drive a limousine under this article individual authorized and permitted by the commission to drive limousines, extended limousines, sedans, or vans for a commission certificated limousine carrier.
(3) "Commission" means the Public Service Commission.
(4) "Limousine" or "extended limousine" means any motor vehicle that meets the manu facturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of seating capacity for five scats persons located behind the operator driver of the vehicle, and which does not leave a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle, classified under this paragraph, shall be permitted to be operated both as a taxicab and a limou sine or extended limousine.
(5) "Limousine carrier" means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, sedans, or vans driven by chauf feurs on the basis of telephone contract7tr , written contract, or other arrangement.
(6) "Person" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal repre sentative thereof.

FRIDAY, MARCH 17, 1995

2223

(7) "Public highway" means every public street, road, or highway in this state.
(8) "Sedan" means any luxury sedan or town car type vehicle which has a seating capac ity of not more than five passengers and the driver and which does not contain a taxime ter designed to measure electronically or mechanically the distance traveled or time. No sedan, classified as such under this paragraph, shall be permitted to be operated both as a taxicab and a sedan.
(9) "Van" means any motor vehicle driven by a commission permitted chauffeur, other than a limousine, extended limousine, or sedan, with a designed seating capacity tor no more than 15 passengers, including the driver, and excluding vehicles periodically or routinely used in a passenger shuttle service for hire or for the purpose of transporting passengers requiring nonemergency medical transportation.'
SECTION 28.
Said title is further amended by striking Code Section 46-7-85.2, relating to compliance with the article, and inserting in lieu thereof a new Code Section 46-7-85.2 to read as follows:
'46-7-85.2.
No limousine carrier shall operate any limousine, extended limousine, sedan, or van for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article."
SECTION 29.
Said title is further amended by striking Code Section 46-7-85.4, relating to applications for certificates, and Code Section 46-7-85.5, relating to safety and mechanical inspections, and inserting in lieu thereof new Code Sections 46-7-85.4 and 46-7-85.5 to read as follows:
'46-7-85.4.
(a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, main tenance of adequate liability insurance coverage, and information as may, in its judg ment, be necessary and may establish fees as part of such certificate process.
(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine caniei business domiciled in this stale, person, including any individual, firm, partnership, corporation, company, association, or joint-stock association authoriz ing the operations covered by the such person's application to the commission if it is found that the applicant is fit, willing, and able to perform properly the service services authorized by the provisions of this article and to conform to the provisions of this article and rules and regulations of the commission and" has not been convicted of any teloiiy as> such violation or violations are related to the operation of a niotoi vehicle the individual, partners, or principal officers of an applicant firm, corporation, association, or joint-stock association have not been convicted of, been on probation or parole for, or been impris oned as punishment for a felony or other crime involving moral turpitude for a period of five years prior to the date of application to the commission. For purposes of this subsec tion, a plea of nolo contendere to any such felony or oftense involving moral turpitude shall constitute a conviction; provided, however, all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
46-7-85.5.
(a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment, vehicles.
(b) The commission shall perform safety and mechanical inspections at least on an an nual basis for each vehicle owned and operated by a limousine carrier. Each such vehicle
Sllclli DG iutilltrllGCl WiLll <lii iiiSpfiCLlOii SLiCK.^11 1&&U.3Q Oy Ltici CGliiilllSSlOll 3.11C1 j.)iaCcu Oil txiti

2224

JOURNAL OF THE SENATE

front left, bottom portion of the vehicle's windshield. All inspections shall be accompa-
1116Cl l^y JiLLCli I& tS~ tfl& COlUlliioiiOli Sll&lL ^H'^iiniiiMt;.
SECTION 30.
Said title is further amended by striking Code Sections 46-7-85.8, 46-7-85.9, and 46-785.10, relating to unlawful operations, forms for chauffeur's permits, and applications for chauffeurs' permits, respectively, and inserting in lieu thereof new Code Sections 46-785.8, 46-7-85.9, and 46-7-85.10 to read as follows:
'46-7-85.8.
After the cancellation or revocation of a permit certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9.
Pursuant to rules and regulations prescribed by the commission, each chauffeur driver employed by a limousine carrier shall register apply with the commission and secure a chauffeur's permit as a limousine uhaufleui. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission and shall bear thereon a dis tinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession and visible at all times while operating driving for a limousine carrier. All applications for a chauffeur's permit shall be accompanied by such fee as the commission shall prescribe. The chauffeur's permit shall be valid for two calen dar years. A chauffeur's permit shall not be transferable to another limousine carrier. ChauffeursT permits may be renewed up to 90 days before expiration of such permits. The commission may issue a chauffeur's permit by mail.
46-7-85.10.
(a) In order to secure a chauffeur's permit, an applicant must provide the following infor mation on a form provided by the commission. The applicant must:
(1) Be at least 18 years of age;
(2) Possess a valid Georgia driver's license, which must have been held fui a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; provided, however, that any applicant who is domiciled in the State of Georgia must possess a valid Ueorgia driver's license except nonresident mili tary personnel; and
OKA) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, ag gravated assault, kidnapping, robbery, driving a motor vehicle while under the influ ence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swear ing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distri bution of narcotic drugs, barbituric acid derivatives, or central nervous system stim ulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.

FRIDAY, MARCH 17, 1995

2225

(b) Intentional falsification of the chauffeur's permit application shall be grounds for Hisqualincation of the applicant for one year from receipt of application by the commission.'
SECTION 31.
Said title is further amended by striking Code Section 46-7-85.11, relating to the preemp tion of regulations by general law, and inserting in lieu thereof a new Code Section 46-785.11 to read as follows:
'46-7-85.11.
The State of Georgia fully occupies and preempts the entire field of regulation over lim ousine carriers as regulated by this article; provided, however, that the governing au thority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish nonprohibitive operations fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees established fees for a nonrestrictive business license.'
SECTION 32.
Said title is further amended by striking Code Section 46-7-85.12, relating to tariff of rates and charges, and inserting in lieu thereof a new Code Section 46-7-85.12 to read as follows:
'46-7-85.12.
(a) A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges.
(b) A limousine carrier operating under a certificate issued by the commission shall not be required to file annual or quarterly revenue and expense reports with the commission.'
SECTION 33.
Said title is further amended by striking Code Section 46-7-85.14, relating to temporary permits, and inserting in lieu thereof a new Code Section 46-7-85.14 to read as follows:
'46-7-85.14.
A limousine carrier may obtain a temporary permit certificate for a period of 21 consecu tive days beginning and ending on the dates specified on the face of the permit certificate. Temporary permits certificates shall be obtained by out-of-state limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit certificate shall be issued to a limousine carrier without the commission having first received satisfactory proof that it such carrier meets the insurance requirements of stipu lated in the rules and regulations of the commission. A temporary permit certificate shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary permit certificate by facsimile message or letter. Any chauffeur operating a limousine, extended limousine, sedan, or van under a temporary permit certificate issued pursuant to this Code section shall be required to obtain a chauffeur's permit; provided, however, that any chauffeur operating a limousine, extended limousine, sedan,~or van under a temporary certificate issued pursuant to this Code section who is not a resident of this state may be issued a chauffeur's permit under rules and regulations established by the commission for a period of 21 consecutive days beginning and ending on the dates specified on the face of such permit.'

2226

JOURNAL OF THE SENATE

SECTION 34.

Said title is further amended by striking Code Section 46-7-85.15, relating to license plates, and inserting in lieu thereof a new Code Section 46-7-85.15 to read as follows:
'46-7-85.15.

Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehi cle a standard size license plate bearing the following information: (1) limousine com pany name, (2) city and state of principal domicile, (3) company telephone number, and (4) the -vehicle classification, IE 1 GPSC. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994 1995, for all such vehicles currently owned and to be registered and operated by a limousine carrier.'

SECTION 35.

Said title is further amended by striking Code Section 46-7-85.16, relating to eligibility for certificates of carriers, and inserting in lieu thereof a new Code Section 46-7-85.16 to read as follows:
'46-7-85.16.
Any person doing business in this state as a limousine carrier who is registered as such with the commission as of May 1, 1994 May 1, 1995, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to con tinue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees."'
On the adoption of the amendment, Senator Egan of the 40th called for the yeas and nays.

The call was sustained 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

Farrow Gillis Glanton Gochenour Griffin Guhl Hill Isakson James Johnson of 1st Land Langford Madden

Those voting in the negative were Senators:

Egan Harbison Henson
Johnson of 2nd

Marable Oliver Slotin

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

Those not voting were Senators:

Brown of 26th Dean (presiding)

Hooks Kemp

Scott Taylor

FRIDAY, MARCH 17, 1995

2227

On the adoption of the amendment, the yeas were 40, nays 10, and the Newbill amend ment was adopted.
Pursuant to Senate Rule 143, action on HB 609 was suspended and the bill was placed on the Senate General Calendar.
The President resumed the Chair.
Senator Newbill of the 56th moved that the Senate suspend Senate Rule 143 relating to HB 609.
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 Burton Cagle Cheeks Clay Crotts

Day Edge Farrow Glanton Gochenour Guhl Hill Isakson James Johnson of 1st

Kemp Land Langford Madden McGuire Middleton Newbill Pollard Ralston Tysinger

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Dean Egan Gillis Griffin Harbison Henson Hooks

Johnson of 2nd Marable Oliver Perdue Ragan Ray Scott Slotin

Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

On the motion, the yeas were 31, nays 25, and the motion was lost.
Senator Egan of the 40th moved that the Senate reconsider its action in adopting the Newbill amendment to HB 609.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Bowen Clay

Egan Gillis Hooks Middleton

Ragan Taylor Turner

Those voting in the negative were Senators:

Abernathy Balfour Black Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts

Day Dean Edge Farrow Glanton Gochenour Griffin Guhl Harbison Henson

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

2228

JOURNAL OP THE SENATE

McGuire Newbill Oliver Perdue Pollard

Ralston Ray Scott Slotin Starr

Stokes Thomas Thompson Tysinger Walker

Not voting was Senator Tanksley.

On the motion, the yeas were 10, nays 45; the motion was lost, and the Newbill amend ment to HB 609 was not reconsidered.

The following resolution was taken up to consider the Conference Committee report thereto:

HR 319. By Representative Reichert of the 126th:

A resolution compensating Five Star Dodge, Inc..

The Conference Committee report on HR 319 was as follows:

The Committee of Conference on HR 319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HR 319 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Gerald E. Greene Representative, 158th District

Is/ Richard O. Marable Senator, 52nd District

/s/ Robert A.B. Reichert Representative, 126th District

/s/ S. Guy Middleton Senator, 50th District

/s/ Jimmy Skipper Representative, 137th District

Committee of Conference Substitute to HR 319:

A RESOLUTION
Compensating Five Star Dodge, Inc., and Mr. William H. Clark; and for other purposes.
Part 1
WHEREAS, on September 3,1991, Five Star Dodge, Inc., located in Macon, Georgia, sold a 1991 Mazda pickup truck to Mr. Stephen Thomas; and
WHEREAS, Five Star Dodge, Inc., sent the certificate of origin and title application to the Motor Vehicle Division of the Department of Revenue reflecting that Chrysler Credit Cor poration was to be shown as first lien holder on such Mazda pickup truck (ID: JM2UF3135M0141786); and
WHEREAS, Chrysler Credit Corporation should have been shown as the security interest holder on Georgia Certificate of Title Number 23391769; and
WHEREAS, Georgia Certificate of Title Number 23391169 was processed in the name of Stephen R. Thomas without reflecting Chrysler Credit Corporation as the security interest holder; and
WHEREAS, Mr. Thomas borrowed money from Trust Company Bank of Middle Georgia using the Mazda pickup truck as collateral and a title was issued reflecting Trust Company Bank of Middle Georgia as the security interest holder; and
WHEREAS, Mr. Thomas subsequently sold the Mazda pickup truck and the Trust Com pany Bank of Middle Georgia was paid and the lien on the motor vehicle was released; and

FRIDAY, MARCH 17, 1995

2229

WHEREAS, in the meantime around June, 1992, the monthly payments to Chrysler Credit Corporation were suspended and, because the financing agreement was with recourse to the dealer, Chrysler Credit Corporation demanded the balance due on the Mazda pickup truck from Five Star Dodge, Inc.; and
WHEREAS, although the Department of Revenue issued a special certificate of title show ing Stephen Thomas as the owner of and Chrysler Credit Corporation as the first lien holder on the Mazda pickup truck, the purchaser of the truck claimed that the special title showing Chrysler Credit Corporation as the first lien holder could not take precedence over the title previously issued which reflected the lien of Trust Company Bank of Middle Georgia; and
WHEREAS, Five Star Dodge, Inc., was unable to regain possession of the motor vehicle or locate Mr. Thomas and, as a result of the issuance of an incorrect certificate of title on the motor vehicle, has suffered property loss totaling $7,500.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Five Star Dodge, Inc., and it is only fitting and proper that the company be compensated for its loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Revenue is authorized and directed to pay the sum of $7,500.00 to Five Star Dodge, Inc., as compensation to pay off the loan to Chrysler Credit Corporation. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Part 2

WHEREAS, in 1985, Mr. William H. Clark became manager of the golf course at the Roosevelt Warm Springs Institute for Rehabilitation which is under the jurisdiction of the Department of Human Resources; and
WHEREAS, such employment was pursuant to a golf course manager's contract which was renewed annually until Mr. Clark suffered a stroke on April 29, 1994; and
WHEREAS, once Mr. Clark suffered his stroke, his position with the golf course was termi nated on August 5, 1994; and
WHEREAS, Mr. Clark has suffered medical expenses and, as a result of being misled about his employment status and the failure of the Roosevelt Warm Springs Institute for Rehabil itation to renew his contract, Mr. Clark has suffered personal injury loss totaling $6,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $6,000.00 to Mr. William H. Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HR 319.

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 Farrow Gillis Gochenour Griffin

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

2230

JOURNAL OF THE SENATE

Land Langford Madden Marable McGuire Middleton

Newbill Perdue Pollard Ragan Ralston Ray

Slotin Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Egan Glanton Oliver

Scott Starr Stokes

Tysinger Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 319.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 145 was as follows:

The Committee of Conference on HB 145 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 145 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sallie Newbill Senator, 56th District

Isl Ga.il Buckner Representative, 95th District

/si Jack Hill Senator, 4th District

/s/ Brooks P. Coleman, Jr. Representative, 80th District

/s/ Richard O. Marable Senator, 52nd District

/s/ Kathy B. Ashe Representative, 46th District

Committee of Conference substitute to HB 145:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide for state grants to local school systems on the basis of achievement; to change the manner in which such funds may be expended; to change provisions relating to the establishment of a state-wide network of regional educational service agencies; to change certain provisions relating to the powers and duties of each agency board of control; to change provisions relating to programs and services to be administered by the regional educational service agency direc tor; to change provisions relating to the financing of agency expenses and programs; to provide an exemption from the requirement of comprehensive evaluations of public schools and the standards and procedures relating thereto; 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

FRIDAY, MARCH 17, 1995

2231

school system; to provide for a definition; to provide for requests and responses thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking Code Section 20-2-253, relating to incentive awards, in its entirety and inserting in lieu thereof the following:
"20-2-253.
The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive aw aid grants, subject to appropriation by the General Assembly. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of performance or achievement, high levels of improved peifcii'manu), provided, huwevei, lliat all couipaii-
studenl populations which have siuiilai Uemogiaphiu characteristics ami that all corn-
dent populations which have similai demographic characteristics achievement, or to raise the performance of lower achieving schools or school systems. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent counts of the qualified public schools or local school systems, respectively, and such other factors deemed appropriate by the state board. The public schools or local school systems receiv ing such incentive award grants shall may expend these funds to improve their staff development or instructional programming, or both; in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of peifoi'mauce achievement areas for which public schools and local school systems may receive incentive awartTgrants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 2.
Said article is further amended by striking Part 11 thereof in its entirety and inserting in lieu thereof a new Part 11 to read as follows:
"Part 11
20-2-270.
(a) The State Board of Education shall establish a state-wide network of regional educa tional service agencies for the purposes: of providing shared services designed to improve the effectiveness of educational programs and services of to local school systems; and of providing instructional programs directly to selected public"school students in the state; providing Georgia Learning Resources System services; and implementing state initia tives as required by the state board. The regional educational service agencies estab lished by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared
shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
t"T/ iClGll.tiil.y.l.ll^J 01T COilQU.Ctlll rSSGcll'Cn ItiictwIiCl tO titlU-CctLiOlliil ilU^jrOVtili^iiibS ciiiil ill
plaiiiiiiig for the implementation of AuuL imorovciUciits

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StfltiS oOSi'u,

2232

JOURNAL OF THE SENATE

\'i) UcVclujiill^J iiilu illipl^iiitiiiliil^ clfcStiSfciiidiC fliU tSVJilU.flt'lOii pFO^fl&iilS*
(0) Identify ing and utilizing electiuuic teclinulugy, including computeib, in an effort tu improve the quality of classroom iiislmctiua as well a& dasMuom, school, and htliuul
ut; and
\\t) UcVcluplIl^J ^i*u^i'3.iHS, ilfeSOUTC6 tH3.t61'liilSj Hllfl
to illStl UCtiOil Oli, ctlCuliOl iiilu drug 3.DU.S6.
M lie SO&rfeu S61*ViC6S^ ilifl.y &1SO niCiU.u.c ciSiiiS tanCc u&Sij^il^u tO &u.ui*SS uuClliiitiilttiLl lOC&r lie ti CIS ^jLii B Liciiilj CO &U.DSttCL-luii (d/ 01 tJuu.c kJcCLiOii i&v & &ijn
\\j) ili& Sfei'ViC^ L1 cciS 101* tlic vJSOl^ia ~Lj&fitBLL& itfeSOU.i'C^S k^yStfilU iiiid Llic i SyCilOGClUCfl* tiOiicll INGtWOi PL. IO1V ScVBFGlJ' cfllOtlOHitlly u.iStU.I'utid SLLlu.tiJ.iLS 111 |J1ICG JLLilc cJUj Xyo /, SlTa.li
be continued for fiscal yeai 1968. If effective July 1, 1988, or any July 1 thereafter, the State Doaid of Education leutgdiiiaei) Hie smvice area& of regional educational smvlce
3GllCicife li uili tllG lo Sci VICti al Qi 3.1*rfl.llciiiciiL iii JJliiCti eJ U.116 <JUj J.t7oVj Lilti SLciLci DO3.1 Cl Sil3.ll liSO IGVisiW fellcCtiVS Llict Sfllllc u&t tile SferVlCG S^cilS 101 tile tjrct/i g^id i_ri3fll iilll^ ltc~
sources Q.ystem and Hie rbyulioeducatiuiml Nutwui'k lu be compatible with the teorga-
HiZ^u S^FViCc eii'ticiti IOin Liici i'c^iuil(il iiClUC3.tlOiI(il Sd'Vliici o.^ilCic. LJ^Oil LllC I'tJCjtitifeL 01 ci liiajOi'iLy Or L116 lOCcll SCflOOl SU.plTllTtfiilCreHtS 01 LO6 iOCcil SC1TO01 SyStciilS WitIIill tfk6ScinViCc
area of a unit of the Georgia Learning Resources System or of the P&vchueducaUonal
IN tWt)l*lt) i tipl'GScliLcli'lVSS OI GJiCIi OI 1116 1OCct1 SCIiOOASyStGHIS ill til6 r^S^icCtiVc S(il VICfe Sil'^Ei ibll&ll VOLc iii Llic Iil3.1111Cl' JiilCl clL Lliti Cllllti pl'cSCnljci'Ll 0^ Lllc SLciLti Du^Li'u t>0 CltiLtil'iillllG J.1 uiic OI Llic l^Vcl iCllOOl SJnbt^llTS 01" wl6 I'ttyi^iicll 6QU.Cck.Ll0113.1 S61"V1CC 3.^cilCy Sfti'Viil^ tllfe rGSpcC11V6 SGrViC^ HI'63. SOclll Sci'V^~ iiS 1116 T1SC3.1 3.iillC lor tiiG rGSpfeCtiVS U.l\it 01 LllG
riSC 3.1 y^Sii', 111 LI 16 cVtiiiL tiliS VOtti 1'tiSU.ltS iii St Cllflii^t: nl tliti IlSCcil it^tiilL lul* Lli.ci 1 feS^)^iCLlVt:;
^ccil'S. Ill LlT3 ti V611L SL i c^j.Oll<ii cu.U.C3.Li011.Ll Stti'ViCti Jl^GilC^ iS u.6Si^ii<ll''&Ct iiS LiliS llSCcil a^Bilt lOi' Liici Stii' ViCti 3.1'cti OI 3. UiliL OI tli^ \jn30 1'^iii J^i33,l'iliil ittiSOUJ. Cti^S oyStSiil Oi' Or tflfe J SyCliOtiClUCtiLiOlicll iM OtWOlK., <ill illtiiiiutii1 ciilil llOIUllciiiiutii1 10C&1 SCllOOl S_y SttiillS S11till D6 JJFOViQfiu til6 S3r V iCcS 01 t/1ic LjctO1 ^iii Ij^dl Jllni^ ICtS0 Lil'CGS l^>y SLG111 01' tllSrSyCllOcu. U.C1~
tlC1tiiOilSi Sci'ViC^ flI*6&S IX) pi'OViu.^ t;vlU.C<illOi.l<il fetiT VlCtii LO SLiiutiiiLS Wttl'l llSlitliCcl^iplH^ Cuilu.il/lOllS WlilCll cti ti tiitllGJ. 01 SUCfl 10W UlClCltiiC'i OF OI SU.C11 SfeVtil'lL^ LTiiit it IS HilItritfeiDl^
SLlcliit tO (_/Ou&
(b) The state board shall be authorized to fund services, programs, and initiatives pro vided for in subsection (a) of this Code section through RESA's either by contract or coop erative agreement. Beginning July 1, 1996, the state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The KEHA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in eft'ect. The service areas of units of the Fsychpeducational Network for se verely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local scHbol superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school sys tems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the

FRIDAY, MARCH 17, 1995

2233

respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member and nonmember local school systems shall be provided the services of the Psychoeducational Network.
20-2-271.
(a) The State Board of Education shall establish the service area of each regional educa tional service agency as a single geographical area that contains the entire area of sev eral local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensu ing fiscal year shall approve a resolution to that effect and forward a copy of said resolu tion to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272.
(a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Educa tion; provided, however, that at least one-third of the membership of each board of con trol shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies.
(d) Boards of control shall determine the optional assistance needed by local school sys tems in the area served by each regional educational service agency, establish priorities from those needs, and allocate local resources accordingly. Boards of control shall annu ally review the progress and cost effectiveness of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall

2234

JOURNAL OF THE SENATE

establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July 1 of a fiscal year, members of boards of control during the preced ing fiscal year shall constitute planning boards for the respective service areas to be es tablished the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to poten tial member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the ser vice areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to re verse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2271.
20-2-273.
(a) Each board of control shall appoint and contract with a director who shall be the executive officer of the regional educational service agency, The director shall be respon sible for the administration of programs and services approved by the board of control, including the Georgia Learning Resources System, except for those under contract with a local board of education serving as fiscal agent for the Georgia Learning Resources System.
(b) The regional educational service agency staff shall consist of those individuals author ized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270.
20-2-274.
\3i) J. ilC I Of I1SC3.1 yC3.r iyyyj tll6 otflXG Jt>0&l*Cl OI UJClUCJiLiOll SIi3.ll ^IHiiL, SUDj^Ct tO Hppl'O"
pi'icLLlGil Lyy 1/llG vjGIlGr&l ASSGlllDlyj tllG lUlluS tO COlltlllU.^ tll^ OpWcltlOHS Ot I'^^lOll&l 6Q.UCi~
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1 Sy 0 II 0 6 Ci LICii LlOli3l INcLVwi K. 311C1 tO prOViu^ S61"V1C6S U.ilCt&I1 tH^ vjroOi*^i& Ijti SL I1 ill ilf lvG~
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ginning fihcal year 1990 and thereaftei, thu state board shall be authorized to provide each regional educational service agency with a uniform state wide needs program grant and a documented local uned& piogram giant, subject to appropriation by the General Assembly. The uniform state wide needs program grant shall consist of Iwu components: the same fixed amount for each regional educational service agency, and aii aimimit
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FRIDAY, MARCH 17, 1995

2235

hdiuol hysUmis. Each legicmal educational service agency shall be required to match the
this gi'aut. The uniform state wide iieeds grant and iti> mulching local which funds shall be used to finance the basic administrative overhead of the regional educational service agencies. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each regional educational service agency shall submit a proposal to the State Board of Education for implementing state initiatives. The State Board of Education shall review the proposals and enter into a contract or cooperative agreement with the regional educational service agency to carry out these purposes. The State Board of Education shall determine the amount of any contract award or amounts expended pursuant to a cooperative agreement. The State Board of Education shall develop and implement policies, rules, and regulations to carry out this part, and to provide the areas of assistance specified in MtbhBttiou (a) of Code
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cigciix^y 101' Lliti ClOCUiiitiii w3Cl lOCeil IMieClS JJi'O^i'iliii ^1 cii.it Sliiill utipci-iiCl LlpOll H'lti prO^Ol'LlOll
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grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of membership funds, the uniloi iH &lciL6 wide n66ds pi'Ogi Uu and. tne docuiii^iitfiu loom H66ds program, piXividfeu, liow-
(iVtil'j t/lldti llltilllDtil lOCal SCllOOl S^SLtiiii Jbliilll 110L Dti cillOWttCl tO Ufcti lU.ilCIS IfeOclVSQ UiiCltil
pi oviSiOiis or tins article loi1 LliiS pm'jioss. xn tiie cvtiiiL SL i ^ionai etiuc as trie iisccii ci^^iiL tor Liiti vjeoiii i-^iii'iiiii^ itcisources Lj_ybtciii or 101
tii^ t syciioetiuc&tioiiai JN^LWOI'A. loi1 sevei'eiy emotionally uistfUitDeu smuciiLSi, tue x ne state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Re sources System or Psychoeducaliuiidl Network as respectively designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsec tion. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources.
(b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allo cated to a local school system. All grants and contracts from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control other than those designated to local systems designated as fiscal agent for a Georgia Learning Resource System through contract with the State Board of Education."
SECTION 3
Said article is further amended by striking subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools, and inserting in its place a new subsec tion to read as follows:
"(aXD The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l)

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of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(E) The effectiveness of annual personnel evaluation procedures and annual profes sional development plan procedures and the extent to which staff development pro grams effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehen sive evaluation of such units.
(2) Such comprehensive evaluations shall be conducted by certificated professional em ployees from other local units of administration, faculty members of colleges and univer sities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be au thorized to require additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly con cerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Cop ies of such reports shall be made available upon request. The State School Superinten dent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall com pile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the re port or portions of the report shall be made available on request.
(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Depart ment of Education in lieu of the comprehensive evaluation, including any follow-up re ports. Any such school or school system that is in a probationary status shall file all

FRIDAY, MARCH 17, 1995

2237

corrective plans, designed in conjunction with the accrediting agency, with the Depart ment of Education. Any school or school system that shall lose accreditation will be sub ject to the comprehensive evaluation specified in paragraph (1) of this subsection."

SECTION 4.

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," is amended by adding immedi ately following Code Section 20-2-751 a new Code section to read as follows:
"20-2-751.1.
(a) As used in this Code section, the term 'disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system.
(b) A local board of education which has a student who attempts to enroll or who is en rolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school was an offense for which suspension or expulsion could be imposed in the enrolling school.
(c) A local school system may request another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th moved that the Senate adopt the Conference Committee report on HB 145.

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

Those voting in the affirmative were Senators:

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

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 Stokes Taylor Thomas Thompson Turner

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Black Brown of 26th

Day Egan

Harbison Johnson of 2nd

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Oliver Starr

Tanksley Tysinger

Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 145.
The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Zell Miller, in communications to the Senate on February 22, 1995, which appears in the Journal of February 22, 1995.
Senator Taylor of the 12th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.
No Senator requested the name of any appointee be deleted.

The following committee reports were read by the Secretary:

The State Senate Atlanta, Georgia 30334
March 8, 1995

Mr. Frank Eldridge, Jr Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge,
The Senate Committee on Higher Education met Wednesday, March 8. 1995. and con sidered the Governor's appointees to the Board of Regents of the University system of Georgia and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Mr. J. Tom Colemen, Jr. of Chatham County, term of office beginning January 10, 1995 and ending January 1, 2002.
Mr. Charles H. Jones of Bibb County, term of office beginning January 10, 1995 and ending January 1, 2002.
Sincerely,
/s/ Jack Hill

The State Senate Atlanta Georgia 30334
March 8, 1995

Mr. Frank Eldridge, Jr. Secretary of the Senate 351 State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:
The Senate Committee on Education met on Wednesday, March 8, 1995, and consid ered the Governor's appointees to the Board of Education of Georgia. The vote was unani mous to recommend to the Senate that the following appointees be confirmed:
Mrs. Palmira Braswell of Bibb County, as a member of the State Board of Education for the term of office beginning January 11, 1995 and ending January 1, 2002.

FRIDAY, MARCH 17, 1995

2239

Mr. 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.
Mr. William A. Teasley of Cherokee County, as a member of the State Board of Education for the term of office beginning August 11, 1994 and ending January 1, 1999.
Sincerely,
/s/ Richard O. Marable Chairman

On the confirmation, 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 Cagle Cheeks Clay Crotts Day Dean Edge 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 Pollard Ragan Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Burton Egan Glanton

Hill Perdue Ralston

Slotin Tanksley Walker

On the confirmation, the yeas were 46, nays 0, and all the Governor's appointees were confirmed.
On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 March 17, 1995

Honorable Zell Miller Governor State Capitol Atlanta, Georgia

Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments sub mitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 22, 1995, were acted upon by the Georgia State Senate in Session on March 17, 1995, with the following results:

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Honorable Donald R. Roland of Sumter County, as a member of the State Board of Account ancy for the term of office beginning September 20, 1994 and ending June 30, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Helen L. Strickland of Lanier County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning March 9, 1994 and ending July 1, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Robert Williams of Pierce County, as a member of the Agricultural Exposition Authority for the term of office beginning March 9, 1994 and ending June 30, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable E. Pope Bullock of DeKalb County, as a member of the State Board of Architects for the term of office beginning October 21, 1994 and ending March 5, 1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Oscar L. Harris of Fulton County, as a member of the State Board of Architects for the term of office beginning March 25,1994 and ending March 5,1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable W. Richard Turpin 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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Barbara Neil Whiteside 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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Steve Ronnie Adams of Carroll 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, 1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Children and Youth Services for the term of office beginning 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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 17, 1995

2241

Honorable Mark Cotney of Upson County, as a member of the Georgia Board of Chiroprac tic Examiners for the term of office beginning September 15, 1994 and ending August 20, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confir mation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confir mation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Alison Tara O'Neil of Fulton County, as a member of the State Board of Cosme tology for the term of office beginning October 5,1994 and ending May 1,1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Palmira Braswell of Bibb County, as a member of the State Board of Education for the term of office beginning January 11, 1995 and ending January 1, 2002. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable A. Joe McGlamery of Bulloch County, as a member of the State Board of Educa tion for the term of office beginning January 1, 1995 and ending January 1, 2002. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 beginning November 1, 1994 and ending June 1, 1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Steve Eunice of Ware County, as a member of the State Forestry Commission for the term of office beginning January 24, 1995 and ending January 1, 2001. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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;

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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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 Kelly of Glynn County; and Dr. Sheila A. Robinson of Fulton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable John H. Reed, Jr. of Hall County, as a member of the board of Human Resources for a term of office beginning August 16, 1994 and ending April 6, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Ronald E. Elliott of Clarke County, as a member of the Joint Board of Family Practice for the term of office beginning January 13,1995 and ending July 1, 2000. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Ernest Joseph Jones of Fulton County, as a member of the Joint Board of Fam ily Practice for the term of office beginning January 14,1995 and ending July 1, 2000. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable David Rearick of Fulton County, as a member of the Joint Board of Family Prac tice for the term of office beginning January 13, 1995 and ending July 1, 1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 17, 1995

2243

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 end ing December 31, 1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning May 17,1994 arid 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 vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Lamond Godwin of Fulton County, as a member of the Board of Medical Assist ance for the term of office beginning February 8, 1995 and ending June 30, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confir mation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning January 1, 1995 and ending January 1, 1999: Bobbie Bailey of DeKalb County; and Babs Richardson of DeKalb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Re sources for the term of office beginning November 1, 1994 and ending March 16, 2001. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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

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July 1, 1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Sylvia L. Bond of Bibb County, as a member of the Georgia Board of Nursing for the term of office beginning September 28, 1994 and ending September 23, 1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 ending June 4, 1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Clay Crosson of Whitfield County, as a member of the State Board of Nursing Home Administrators for the term of office beginning December 1, 1994 and ending December 29, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Wilhelmina Hall of Dougherty County, as a member of the State Board of Nurs ing Home Administrators for the term of office beginning August 24, 1994 and ending October 26, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 ending June 4, 1995. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Mary Louise Austin of Fulton County, as a member of the State Board of Occu pational Therapy for the term of office beginning March 18,1994 and ending June 30,1996. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
The following named persons as members of the State Board of Occupational Therapy for the term of office beginning March 18, 1994 and ending December 31, 1997: Saburi Imara of Fulton County; and Rebecca N. Silver of Clarke County. The vote on this confirmation was yeas 46, and 0, and the nominees were confirmed.
Honorable Glenn M. Morris of Richmond County, as a member of the State Board of Dis pensing Opticians for the term of office beginning August 31, 1994 and ending March 16, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable J. C. Riley of Lowndes County, as a member of the State Board of Dispensing Opticians for the term of office beginning October 4,1994 and ending May 1,1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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2245

Honorable R. Whitman Lord of Bulloch County, as a member of the State Board of Examin ers in Optometry for the term of office beginning October 19,1994 and ending September 6, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Allan V. Wexler of Chatham County, as a member of the State Board of Examin ers in Optometry for the term of office beginning February 10,1995 and ending September 6,1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable William Douglas Young of Bibb County, as a member of the State Board of Ex aminers in Optometry for the term of office beginning July 10, 1994 and ending July 1, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Pamela A. Catlin of Gwinnett County, as a member of the State Board of Physi cal Therapy for the term of office beginning October 11, 1994 and ending August 30, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Shirley A. Williams of Fulton County, as a member of the State Board of Podia try Examiners for the term of office beginning July 15, 1994 and ending July 1, 1997. The vote on this confirmation was yeas 46, nays 0, and the confirmation was confirmed.
Honorable Milton E. Nix of DeKalb County, as a member of the Georgia Board of Private Detective and Security Agencies for the term of office beginning October 12, 1994 and end ing July 1, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Hubert Laddel Smith of Floyd County, as a member of the Board of Public Safety for the term of office beginning February 1, 1995 and ending January 20, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Alta P. Bruce of Pierce County, as a member of the Georgia Real Estate Com mission for the term of office beginning March 9, 1994 and ending January 26, 1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Katie Smith Poole of Washington County, as a member of the Georgia Real Es tate Commission for the term of office beginning March 9, 1994 and ending October 26, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Bob Sorrells of Clayton County, as a member of the Georgia Real Estate Ap praisers Board for the term of office beginning November 14,1994 and ending July 1,1999. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.

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Honorable Leslee Graham-Pool of Fulton County, as a member of the State Board of Exam iners for Speech-Language Pathology and Audiology for the term of office beginning July 7, 1994 and ending July 1, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 Dougherty County; Donald H. Richardson of Bibb County; and James L. Rollins of Clayton County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Barbara M. Dooley of Clarke County, as a member of the Georgia Student Fi nance Commission for the term of office beginning August 18, 1994 and ending March 15, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Jean M. Hartin of Muscogee County, as a member of the State Board of Techni cal and Adult Education for the term of office beginning October 14, 1994 and ending June 30, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Barbara M. Driscoll of Fulton County, as a member of the State Children's Trust Fund Commission, for the term of office beginning January 18, 1995 and ending June 30, 1998. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
The following named persons as members of the Board of Regents of the University System of Georgia for the term of office beginning January 10, 1995 and ending January 1, 2002: J. Tom Coleman, Jr. of Chatham County; and Charles H. Jones of Bibb County. The vote on this confirmation was yeas 46, nays 0, and the nominees were confirmed.
Honorable Barbara Jean Aaron of Houston County, as a member of the Veterans Service Board for the term of office beginning July 1, 1994 and ending April 1, 2001. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Honorable Donald Fred Hall of Hall County, as a member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory

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Analysts, for the term of office beginning March 16, 1994 and ending August 17, 1997. The vote on this confirmation was yeas 46, nays 0, and the nominee was confirmed.
Sincerely,
Isl Frank Eldridge, Jr. Secretary of the Senate

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 601 was as follows:

The Committee of Conference on HB 601 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 601 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Johnny Isakson Senator, 21st District

Isl Mike Snow Representative, 2nd District

/s/ Steve Thompson Senator, 33rd District

/s/ Lynda Coker Representative, 31st District

/s/ Richard O. Marable Senator, 52nd District

/s/ Bob Lane Representative, 146th District

Committee of Conference substitute to HB601:

A BILL
To be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such public facilities by persons with disabilities; to provide for policy and intent; to change certain definitions; to provide for rules and regulations of the Safety Fire Commissioner which shall meet the Americans with Disabilities Act Acces sibility Guidelines for Buildings and Facilities; to require certain buildings and facilities receiving permits for construction or renovation after July 1, 1995, to comply with such rules and regulations; to provide for editorial revisions; to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change certain definitions; to change a reference; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the provisions of the "Georgia Equal Employment for the Handicapped Code"; to change certain references to handicapped persons; to provide for persons with disabilities; to amend Title 40 of the Offi cial Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for five-year registration and license plates for vehicles owned by the State of Georgia and its political subdivisions; to provide for exceptions; to change the provisions relating to special license plates for disabled persons; to change the provisions relating to handicapped indentification cards; to change certain references to handicapped persons; to provide for cards for persons with disabilities; to change the provisions of the "Handicapped Parking Law"; to change certain references to handicapped persons; to provide for parking places for per sons with disabilities; to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change

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the definition of certain terms; to change references to handicapped person; to provide for persons with disabilities; to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change the provisions relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from educational institutions; to amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, so as to change certain definitions applicable to said chapter; to amend various sections of the Code to change references to "handicap," "handicaps," "handicapped," "the handicapped," "handicapped person," "handicapped persons," and "handicapping"; to pro vide for persons with disabilities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, is amended by striking said chapter in its en tirety and inserting in lieu thereof a new Chapter 3 to read as follows:

30-3-1.

"CHAPTER 3

The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicapped persons with disabilities or elderly persons to partici pate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possi ble, unnecessary physical barriers encountered by handicapped persons with disabilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.
30-3-2.
As used in this chapter, the term:
(1) 'ADAAG' means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register.
(iX2) 'Adaptable' is further explained as follows:
(A) Adaptable refers to features provided for but not actually installed. Such adapta bility makes it possible for the feature required by ANBI A117.1 Standard ADAAG to be added for the occupant without major structural alteration;
(B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard ADAAG, and items installed which might need to be re moved to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person with disabilities, within 30 days after his or her application for occupancy is approved by the owner.
(2X3) 'American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.11986 for making buildings and facilities accessible to and usable by physically haudicapped individuals with disabilities.
(4) 'Commissioner' means the Safety Fire Commissioner provided for in Chapter 2 of Title 25'
(2.1)(5) 'Covered multifamily dwelling" means a building which had first occupancy af ter March 31, 1993, and consists of four or more units and has an elevator or the

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ground floor units of a building which consists of four or more units and does not have an elevator.

(9X6) 'Facilities' shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public.

(4X7) 'Government buildings' means all buildings, structures, streets, sidewalks, walk ways, and access thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed, leased^ or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all build ings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds.

(5X8) Tublic buildings' means all buildings, structures, streets, sidewalks, walkways, anoTaccess thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding covered multifamily dwellings; provided, however, that this chapter shall require fully accessible or adapta ble units in only 2 percent of the total rental apartments, or a minimum of one, which ever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided, further, that this chapter shall not apply to a private single-family residence or to duplexes or any com plex containing fewer than 20 units, or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall.

(9) 'Reasonable number' for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1. 1995. as used in Code Section 30-3-4. shall mean the minimum number as established by ADAAG.

(6X10) 'Reasonable number' for all government buildings, public buildings, and facili ties receiving permits for construction or renovation afterJuly 1,1987, but before July 1, 1995, as used in Code Section 30-3-4 shall be denned for each of the following stan dards to mean:

(A) 'Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reason able number' shall be determined as follows:------------

Total number of parking spaces"

Number of designated handicapped accessible parking spaces

1-400 401 and greater

A minimum number of 1 space or 2 percent of the total provided, whichever is greater 8 spaces plus 1 percent of the total provided provided above 401

(B) 'Accessible entrances (ANSI 4.14) in a reasonable number' means that all pri mary entrances usually considered as major points of pedestrian flow must be acces sible to and usable by handicapped persons with disabilities;?

(C) 'Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made accessi ble to and usable by handicapped persons with disabilities at least one toilet room, bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.22; and:

(D) 'Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number' means the following:

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Total number

Number of accessible spaces required

Up to 50 51-400 401 and above

2 spaces for wheelchair users adjacent to each other 4 spaces including 2 adjacent to each oth er An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both

ffl(ll) 'Renovation' means:

(A) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to that
specific component, including an accessible route as defined in the ANSI A117.1 Standard;

(B) Any component of a building, structure, or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or

(C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the ap propriate political subdivision.
30-3-3.

All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July 1,1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAU and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving per mits for construction or renovation after July 1,1984, but before July 1,1987, shall com ply with the American National Standards Institute specifications A117.1-1980 or Al 17.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in paragraph (63(10) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiv ing permits for construction or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in paragraph (6X10) or subparagraph (C) of paragraph ffl(ll) of Code Section 30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; pro vided, further, that the Safety Fire Commissioner or, where applicable, the Board of Re gents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public build ing, or facility subject to the requirements of this chapter and after taking all circum stances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by

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2251

the Safety Fire Commissioner or, where applicable, the board of regents or the local gov erning authority having jurisdiction over the buildings in question, setting forth the rea sons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the govern ment building, public building, or facility shall conform with the standard or specifica tion. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsi ble for making a final determination as to whether or not an exemption shall be granted.

(a) Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31,1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31,1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430.
(b) All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
(1) In such a manner that:
(A) The public and common use areas are readily accessible to and usable by handi capped persons with disabilities;
(B) All the doors designed to allow passage into and within all premises are suffi ciently wide to allow passage by handicapped persons with disabilities in wheelchairs; and
(C) All premises within covered multifamily dwelling units contain the following fea tures of adaptable design:
(i) An accessible route into and through the covered dwelling unit;
(ii) Light switches, electrical outlets, thermostats, and other environmental con trols in accessible locations;
(iii) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are pro vided; and
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or
(2) To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 00-3-4 30-3-5.
30-3-5. 30-0-4.
All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July 1, 1987, but before July 1, 1995, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals with disabil ities, except as otherwise provided in paragraph (6X10) and subparagraph (C) of para graph CfXll) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting

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the generality of the foregoing, shall provide the following amenities for handicapped persons with disabilities, as appropriate:
(1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications Al 17.1-1986 (A4.6.2);
(2) Accessible entrances in a reasonable number;
(3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a rea sonable number; and
(4) Accessible seating, tables, and work surfaces in a reasonable number.
30-3-6. 00-3-4.1,
(a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July 1, 1995, shall include at least one parking space for handicapped persons with disabilities accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications Al 17.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver.
(b) Compliance with this Code section may be waived under the same conditions as pro vided in Code Section 30-3-3.
30-3-7. 00*0-0.
(a)(l) Except for buildings under the jurisdiction of the Board of Regents of the Univer sity System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Com missioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for purposes of enforcement of this chapter.
(2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private person or corporation or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-0-4 30-3-5 and its plans and specifications have been approved by the Commis sioner as provided in this subparagraph. All plans and specifications shall identify the architect or engineer who prepared them in a manner acceptable to the Commis sioner. The Commissioner shall approve the plans and specifications only if they con form to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 25-2-14 25-2-4.1. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph;
(B) In any case where the Commissioner denies approval under subparagraph (A) of this paragraph or an exemption under subparagraph (C) of this paragraph, the rights and remedies of the person submitting the same shall be those provided by Chapter W 2 of Title 60 33, the 'Cfeoigia Administrative Procedure Act';
(C) Upon a showing that full compliance with any particular requirement or require ments is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.

FRIDAY, MARCH 17, 1995

2253

(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No con struction plans for any such building or facility shall be approved by the board of re gents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, infor mation, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction.
(c) Local governing authorities shall be responsible for the administration and enforce ment of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of re gents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such build ing or facility shall be approved by any local governing authority for any private per son, corporation, partnership, association, or public entity unless the plans and specifications conform to the requirements of Code Sections 30-3-3 and 00-0-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an archi tect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4 30-3-5. A certificate of compliance may be dis played on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certifi cate of compliance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all construction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an architect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction.
(d) In the performance of their responsibilities under this chapter, all state rehabilita tion agencies and appropriate elective elected or appointive appointed officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of re gents, and the appropriate local building code officials or local fire department, or both any combination thereof, having jurisdiction over the buildings in question.
(e) The Safety Fire Commissioner, the board of regents, and the local building code officials or the local fire department, or both any combination thereof, having jurisdic tion over the buildings in question shall from time to time inform, in writing, profes sional organizations and others of this tew chapter and its application.
(fXl) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings.
(2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph ffl(ll) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of

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paragraph fflUl) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expira tion of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subparagraph (C) of paragraph ffl(ll) of Code Section 30-3-2.
(g) The Safety Fire Commissioner, the board of regents, and the local governing au thority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. Such rules, regulations, and procedures shall not be less restrictive than those established by the Commissioner.
(h) The Safety Fire Commissioner, the board of regents, and the local governing au thority having jurisdiction over the buildings in question, after consultation with state rehabilitation agencies, are also authorized to waive any of the standards and specifi cations presently set forth in this chapter and to substitute in lieu thereof standards or specifications consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc.
30-3-8. 30-3-0.
Any person, firm, or corporation who violates this chapter, or who causes another per son, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor. 30-3-9. 30-3-7.
(a) Any provision of this chapter which affords handicapped persons with disabilities greater access than is required by federal law shall be fully effective. All blaiaUids,
S^/c^uiliC^iliiOiiQ, ^Ljtiu aiAj^jiug iGi^un GliltilltD ui Lllls uliajk/Lci ill CAioLciil^c pi iui wj cj ul,y 17
J.t/cri, wliiwli CAI*GCU Lllc* Icuci al AU.AA\_r 1 0141111 cmciiLb S11H11 IK ujLulilucil ni xcgLilcLLiuiiS
piuiiiul^citcu uiiucr Una ulmplcl.
(b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guide lines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section.
SECTION 2.
Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-201, relating to definitions applicable to said article, and inserting in lieu thereof a new Code Section 8-3-201 to read as follows:
"8-3-201.
As used in this article, the term:
(1) 'Administrator' means the administrator of the Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45.
(2) 'Aggrieved person' means any person who claims to have been injured by a discrimi natory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur.
(2.1) 'Board of commissioners' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board.
(3) 'Complainant' means the person, including the administrator, who files a complaint under Code Section 8-3-208.

FRIDAY, MARCH 17, 1995

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(4) 'Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the ag grieved person, the respondent, and the administrator.
(5) 'Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation.
(6) 'Covered multifamily dwelling* means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator.
(7) 'Disability' means, with respect to a person:
(A) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(B) A record of having such an impairment; or
(C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substanceT
C?X8) 'Discriminatory housing practice' means an act that is unlawful under Code SectioiTB-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222.
(8X9) 'Dwelling1 means any building, structure, or portion thereof which is occupied as, or Hesigned or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(9X10) "Familial status' means, with respect to a person:
(A) That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian;
(B) That the person is the designee of a parent or other person having legal custody, with the written permission of the parent or other person, and that one or more individuals who have not attained the age of 18 years are being domiciled with such person; or
(C) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
(iOXll) 'Family' includes a single individual.
(.-LJ./ Il3.il uXC&jy iiitiflllS, Witll I'ii&pGCt tO o. jj^rSOill
\A) A jjli^ SlCcil Oi' iiitiilLcil iiiij^clii'iiiciit WliiCll SuiDiLetiiLiclll^ iniilLS Oil^ Gl* liiOl'ti 01 SUCH

(12) 'Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries.
(13) 'Respondent' means:
(A) The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and
(B) Any other person or entity identified in the course of an investigation and noti fied as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207.

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(14) 'State' means the State of Georgia.
(15) To rent' means to lease, to sublease, to let, and otherwise to grant for a considera tion the right to occupy premises not owned by the occupant."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 8-3-223, relating to compliance with the Fair Housing Amendments Act of 1988 (Pub. L. 100-430), and in serting in lieu thereof a new Code Section 8-3-223 to read as follows:
"8-3-223.
Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph (*iX7) of Code Section 8-3-201 and subparagraph (a)(7XB) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of handicapped persons with disa bilities be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail."
SECTION 4.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking in its entirety Chapter 6A, known as the "Georgia Equal Employ ment for the Handicapped Code," and inserting in lieu thereof a new Chapter 6A to read as follows:
"CHAPTER 6A
34-6A-1.
This chapter shall be known and may be cited as the 'Georgia Equal Employment for the Handicapped Persons With Disabilities Code.' 34-6A-2.
As used in this chapter, the term:
(2K1) 'Disability' "Handicap' means any condition or characteristic that renders a person trhaticiicapped an individual with disabilities but shall not include addiction to any drug or illegal or federally controlled substance nor addiction to the use of alcohol.
(iX2) 'Employer' means a person or governmental unit or officer in this state having in hisTfier, or its employ 15 or more individuals or any person acting as an agent of an employer.
(3) 'Individual with disabilities' llaudicapped individual' means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities; and who has a record of such impairment. The term "handicapped individual with disabilities' shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance nor addiction to the use of alcohol.
(4) 'Labor organization' means an organization of any kind; agents of such organiza tion; an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or a conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
(5) 'Major life activities' means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(6) 'Persons' means one or more individuals, partnerships, this state, municipalities or other political subdivisions within the state, associations, labor organizations, or corporations.

FRIDAY, MARCH 17, 1995

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(7) 'Physical or mental impairment' means:
(A) Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or
(B) Mental retardation and specific learning disabilities.
(8) 'Substantially limits' means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining, or advanc ing in employment because of a handicap disability.
(9) tJnfair employment practice" means an act that is prohibited under this chapter.
34-6A-3.
(a) Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the handicap disability of an applicant for em ployment and about the extent to which that handicap disability has been overcome by treatment, medication, appliances, or other rehabilitation!
(b) Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of:
(1) A handicap disability which interferes with a person's ability to perform assigned job duties adequately; or
(2) Any communicable disease, either carried by or afflicting the applicant.
(c) Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an em ployer's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar li censed health care professional concerning that person.
34-6A-4.
(a) No employer shall fail or refuse to hire nor shall any employer discharge or discrimi nate against any handicapped individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's handicap disability unless such handicap disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate, or classify handicapped individuals with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employ ment opportunities or otherwise affect employee status because of such person's liaiidicap disability, unless such handicap disability constitutes a bona fide and necessary reason for such limitation, segregation, or classification. This subsection shall not be con strued to require any employer to modify his or her physical facilities or grounds in any way or exercise a higher degree of caution for a handicapped an individual with disabili ties than for any person who is not a handicapped an individual with disabilities, nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater proportion of handicapped individuals with disabilities than nonhandicapped individuals without disabilities within the area from which the employer customarily hires his or her employees.
(b) No employment agency, placement service, training school or center, or labor organi zation shall fail or refuse to refer for employment or otherwise discriminate against indi viduals because of their handicap disability.
(c) No labor organization shall exclude or expel from its membership or otherwise dis criminate against individuals because of their handicap disability; nor shall a labor or ganization limit, segregate, or classify its membership or classify or fail or refuse to refer for employment any handicapped individual with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employment

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opportunities, would otherwise affect such person's employee status or employment ap plicant status, or would adversely affect such person's wages, hours, or conditions of em ployment because of such person's handicap disability.
(d) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's handicap disability, in the admission to or the employment in any program established to pro vide apprenticeship or other training.
(e) It is discrimination for an employer to print or publish or cause to be printed or pub lished a notice or advertisement relating to employment by such employer, which adver tisement or notice indicates any preference, limitation, specification, or discrimination based on handicap disability, except that such a notice or advertisement may indicate a limitation or specification based upon handicap disability if the criteria is job related.
34-6A-5.
No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by this chapter or because he such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, pro ceeding, or hearing under this chapter; nor shall any employment agency discriminate against any person; nor shall a labor organization discriminate against any member or applicant for membership for such reasons.
34-6A-6.
(a) Any handicapped individual with disabilities who is aggrieved by an unfair employ ment practice against such individual may institute a civil action against the persons engaged in such prohibited conduct. Such action may be brought in any court of record in this state having jurisdiction over the defendant and shall be brought within 180 days after the alleged prohibited conduct occurred. However, no person shall be a party plain tiff to any such action unless he such person gives his or her consent in writing and such consent is filed with the court in which the action is brought.
(b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including but not limited to hir ing, reinstatement, or upgrading of employees; admission or restoration of the aggrieved individual to union membership; admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program; and the utilization of training related criteria in the ad mission of individuals to such training programs and job related criteria for employment. The court may award to the plaintiff back pay. The court may award court costs and reasonable attorneys' fees to the prevailing party."
SECTION 5.
Title 40 of the Official Code of Georgia Annotated, relating to the motor vehicles and traffic, is amended by striking in its entirety Code Section 40-2-37, relating to the registration and licensing of vehicles of state and political subdivisions, and inserting in lieu thereof a new Code Section 40-2-37 to read as follows:
"40-2-37.
(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory po lice functions to which regular Georgia"license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective depart ments and agencies of the state, municipality, or political subdivision to which such vehi cles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a

FRIDAY, MARCH 17, 1995

2259

brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced.
(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Kevenue shall provide for five-year registration and issuance of regular license plates for such vehicles. The fiveyear license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued tor private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates.
(faXc) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operat ing the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indi cating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip.
(cXd) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction ui leassign-
ILiOiiL OI i'c^iStl'3.LlOli 10 kuOUici* VGIllCiG SULrjcCL tO Ic^iSLi'cltlGll LiiiClcl LliiS l_/OQc ScCLiOii. II
a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue. On due proof of loss of any such license plate, or of mutila tion due to accidental or natural causes, another license plate may be issued upon appli cation of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered.
) No person, firm, or corporation owning or operating any such vehicle shall display upon" the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor.
(eXf) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 1983 January 1, 1996.

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SECTION 6.
Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the mo tor vehicle laws relating to registration, licensing, and payment of fees and upon submit ting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a hailJiiayptiJ an identifi cation card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability.
(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, "hearing impaired per son' shall have the same meaning as defined in Code Section 24-9-101, except that the term "hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handi capped an identification card for persons with disabilities issued pursuant to Article 8 of Chapter~5 of this title shall constitute proof of hearing impairment."
SECTION 7.
Said title is further amended by striking in its entirety Article 8 of Chapter 5, relating to handicapped identification cards, and inserting in lieu thereof a new Article 8 to read as follows:
"ARTICLE 8
40-5-170.
As used in this article, the term:
(1) "Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly dimin ished reasoning capacity.
(2) 'Identification Handicapped ideiUificatiua card for persons with disabilities' means an identification card issued as provided in this article.
(U) UmiuiCckpiJcu peliOii luccuia aii^/ pei&Oii witli a pcimaiiciit \ji tcLiipOiaij' uioauililiy.
(4X3) Termanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years.
(4) 'Person with disabilities' means any person with a permanent or temporary disability?
(5) Temporary disability" means any disability which is expected to continue for at least six months but less than five years.
40-5-171.
(a) The Department of Public Safety shall issue personal identification cards to handi capped persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card for persons with disabilities shall prominently display the interna tional handicapped symbol and, in addition to any other information required by this

FRIDAY, MARCH 17, 1995

2261

article, shall contain a recent color photograph of the applicant and the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Post where the identification card was issued; and
(11) Signature of person identified.
(b) The handicapped identification card for persons with disabilities shall bear the signa tures of the commissioner of public safety and the Governor and shall bear an identifica tion card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section.
40-5-172.
(a) The handicapped identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identification cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and
(2) With disabilities which are not obvious upon presentation of the current sworn affi davit of at least one medical doctor attesting to such permanent disability. A current affidavit shall be presented at each request for renewal.
(b) The handicapped identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such disability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be presented at each request for renewal thereafter.
40-5-173.
The face of the handicapped identification card for persons with disabilities shall promi nently bear the words TJRGENT MEDICAL INFORMATION ON KEVEKSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request.
40-5-174.
The face of the handicapped identification card for persons with disabilities shall bear the word TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an "X" in such box or blank space if the applicant's handicap disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public trans portation. When so marked, the handicapped identification card for persons with disabil ities shall serve as sufficient proof of the need for special handicap transportation services for persons with disabilities provided by any entity in this state.

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40-5-175.
The handicapped identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an *X' in such box or blank space if the applicant's handicap disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the handicapped identification card for persons with disabilities shall be suffi cient to admit the holder to handicapped seating for persons with disabilities at public events in this state.
40-5-176.
The Board of Public Safety shall promulgate rules and regulations under which this arti cle shall be implemented.
40-5-177.
The department shall require an applicant for a handicapped an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
40-5-178.
(a) The department shall collect a fee of $5.00 for the handicapped an identification card for persons with disabilities, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees.
(b) The department shall not be authorized to collect a fee for a handiiappeJ an identifi cation card for persons with disabilities from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36.
40-5-179.
It is a misdemeanor for any person:
(1) To use a false or fictitious name in any application for a handicapped an identifica tion card for persons with disabilities or knowingly to make a false statement or con ceal a material fact or otherwise commit a fraud in any such application;
(2) To display or cause to be displayed or have in his or her possession any fictitious or fraudulently altered handicapped identification card for~persons with disabilities;
(3) To lend his or her handicapped identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and
(4) To display or represent as his or her own any handicapped identification card for persons with disabilities not issued to him or her."
SECTION 8.
Said title is further amended by striking in its entirety Part 2 of Article 10 of Chapter 6, known as the "Handicapped Parking Law," and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
40-6-220.
This part shall be known and may be cited as the 'Handicapped Parking Law for Persons with Disabilities.'
40-6-221.
As used in this part, the term:
(1) 'Counterfeit' means any copy of any kind of handicapped parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Safety.

FRIDAY, MARCH 17, 1995

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(4X2) 'Institution' means an institution for which a permit or conditional permit may be "issued under Article 1 of Chapter 7 of Title 31.
(2X3) "Parking Ilamlicdpped paikiug place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: Termit Parking Only,' 'Tow-Away Zone,' or the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign re quired by this subparagraph shall be the official authorized sign for handicapped parking place designations for persons with disabilities in this state; or
(B) Where the parking place is on private property, is constructed solely from con crete, was used by the public or finished prior to July 1, 1987, and which is desig nated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Handicapped Parking Only for Persons with Disabili ties' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be er ected which shall comply with the requirements of subparagraph (A) of this paragraph.
(5X4) 'Permanently handicapped disabled person' means a handicapped person with dislEBilities whose disability or incapacity can be expected to last for more than 180 days.
(0X5) 'Person with disabilities' 'Handicapped per MM' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a sig nificant loss or impairment of mobility.
(6) 'Ramp' shall mean, in addition to any other specified meanings:
(A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and
(B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted.
(7) 'Temporarily handicapped disabled person' means a handicapped person with disa bilities whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be limited to, any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for handicap access to parking for persons with disabilities.
40-6-222.
(a) The Department of Public Safety shall issue handicapped parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue handicapped parking permits for persons with disabilities by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle oper ated by the institution is to transport handicapped individuals with disabilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by

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the institution and which is used primarily to transport handicapped individuals with disabilities.
(b) The department shall issue a temporary permit to any temporarily handicapped dis abled person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped disabled person and stating a date until which such person is likely to remain handicapped disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the handicap disability, which date shall not be more than 180 days after the date the permit is issued.
(c) The department shall issue a permanent permit to any person who is obviously per manently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently handi capped disabled person. The department shall also issue a permanent permit to an insti tution which operates vehicles used primarily for the transportation of handicapped individuals with disabilities, upon presentation of a certification from the institution re garding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of such vehicles. The per manent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued.
(d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a handicapped parking place for per sons with disabilities without the necessity of obtaining a handicapped parking permit for persons with disabilities pursuant to this part.
(e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical handicap disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or
(2) Is physically handicapped disabled due to the loss of, or loss of use of, both upper extremities.
This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent handicapped parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required print ing, the following shall be printed upon this special gold permit:
'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the selfservice price for the holder of this special permit when such holder requests such ser vice and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'
40-6-223.
The Department of Public Safety shall not charge or collect any fee for issuing handi capped parking permits for persons with disabilities under this part.
40-6-224.
State and local authorities shall honor visitors' out-of-state handicapped license plates or persons with disabilities license plates and similar special parking permits on the same basis as handicapped license plates for persons with disabilities and special parking per mits issued within this state.

FRIDAY, MARCH 17, 1995

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40-6-225.

Any business entity may elect to designate handicapped parking places for persons with

disabilities for the nonambulatory. Such handicapped parking places for the nonambu-

latory shall be in addition to any handicapped parking places for persons with disabili

ties required by Chapter 3 of Title 30. Such handicapped parking places for the

nonambulatory shall be clearly marked by a sign bearing the words 'Handicapped Park

ing for Persons with Disabilities--nonambulatory persons only.' Such handicapped park

ing places for the nonambulatory shall only be utilized for the purpose of allowing a

nonambulatory permanently handicapped disabled person to enter or get out of a vehicle

while in such parking place. A vehicle in a handicapped parking place for the nonambu

latory shall be required to have a valid unexpired handicapped parking permit for per

sons with disabilities or a specially designated license plate for disabled persons

authorized under subsection (d) of Code Section 40-6-222. For the purposes of this Code

section, the term 'nonambulatory permanently handicapped disabled person' means a

person who is permanently handicapped disabled as a result of the loss or loss of use of

one or both legs and who is dependent upon crutches, a walker, or a wheelchair for

locomotion.

~

40-6-226.

(a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for persons with disabilities unless there is displayed on the dash board or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222.

(b)(l) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for persons with disabilities except for the purpose of allowing a handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for persons with disabilities.

(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambu latory permanently handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an am bulance or emergency vehicle from stopping in a handicapped parking place for the nonambulatory.

(3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a handicapped parking place for persons with disabilities which area is clearly designed and designated for access to such handicapped parking place for persons with disabilities.

(c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit for persons with disabilities.

(d) It shall be unlawful for any person or institution, other than the one to whom a handi capped parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit for per sons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for persons with disabil ities for any institutional vehicle other than the vehicle for which the permit has been issued.

(e) No person shall park a vehicle so as to block any entrance or exit ramp used by handi capped persons with disabilities on public or private property.

(f)(l) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor.

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JOURNAL OF THE SENATE

(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be sub ject to a fine of not less than $100.00 and not more than $500.00.
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place for persons with disabil ities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (2X3) of Code Section 40-6-221 on public or private property may be towed away or caused to~Be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.
(h) A property owner who is required to provide handicapped parking places for persons with disabilities shall designate each such place with a sign meeting the applicable re quirements specified therefor by paragraph (2X3) of Code Section 40-6-221 and upon failure so to designate each such handicapped parting place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places for persons with disabilities within such 14 days, the prop erty owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner.
40-6-227.
The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property.
40-6-228.
(a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been convicted of a felony, and is a handicapped person with disabilities as defined in paragraph (SX5) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 withirTthe county or municipality in which the appointing law enforcement agency exercises juris diction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipal ity of the state subject to the limitations provided in subsections (b) and (c) of this Code section.
(b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed an employee of or receive any compensation from the state, county, mu nicipality, or appointing law enforcement agency;
(2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35;
(3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality;
(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws for persons with disabilities; provided, how ever, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or

FRIDAY, MARCH 17, 1995

2267

(5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to en force the handicapped parking laws of the state for persons with disabilities.
(c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipal ity, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-226.
(d) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such per son's enforcement of Code Section 40-6-226 or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor."
SECTION 9.
Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," is amended by striking in its entirety Code Sec tion 45-19-22, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 45-19-22 to read as follows:
"45-19-22.
As used in this article, the term:
(1) 'Administrator' means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised of an Equal Employ ment Division and a Fair Housing Division.
(2) 'Board' means the Board of Commissioners of the Commission on Equal Opportu nity created by Code Section 45-19-23.
(3) 'Disability' means a physical or mental impairment which substantially limits one oFinore of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective em ployee's disability without undue hardship on the conduct of the employer's operation.
(6X4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinctionTrestriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treat ment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective em ployee's religious observance or practice without undue hardship on the conduct of the employer's operation.

$Kty til' iS UiiSL01ti CO fl'CCOiH ii 1vu Si1C l^flSOilcL;tiiy 10 &il 111j^lGyGc S Gi1 j-^11 ibptiC11V ti iiiiipIcyGc S
Iicii'iu.iCcip Wi.LHGil.t~ UlluLlti li&i u&lllp Gil LliC COlluUCL 01 tliti feUlJilGycio u}6rELLiGil.
(5) 'Public employer" or 'employer' means any department, board, bureau, commission, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preced ing calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are sub ject to the State Merit System of Personnel Administration or any personnel merit sys tem of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying

2268

JOURNAL OF THE SENATE

for positions on such officer's personal staffer on the policy-making level or as immediate advisers with respect to the exercise of the constitutional or legal powers of the office held by such officer. The term 'public employer1 shall include the State Merit System of Per sonnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved.
(6) Tublic employment' means employment by any department, board, bureau, commis sion, authority, or other agency of the State of Georgia..
(7) 'Religion' means all aspects of religious observance and practice as well as belief.
(8) "Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."
SECTION 10.
Said article is further amended by striking in its entirety the term "handicap" wherever it shall occur in said article (Code Sections 45-19-21, 45-19-27, 45-19-29, 45-19-30, 45-19-31, 45-19-33, 45-19-35, and 45-19-38) and inserting in lieu thereof the word "disability".
SECTION 11.
Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking in its entirety Code Section 48-5-470.1, relating to the exemption of motor vehicles used for transport ing handicapped or disabled students to or from educational institutions, and inserting in lieu thereof a new Code Section 48-5-470.1 to read as follows: "48-5-470.1.
All motor vehicles owned by a school or educational institution and used principally for the purpose of transporting handicapped persons with disabilities or disabled students to or from such school or educational institution are exempted from any and all ad valorem taxes imposed by any tax jurisdiction in this state. The exemption provided for in this Code section shall apply only when such school or educational institution is qualified as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as such section exists on January 1, 1984."
SECTION 12.
Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational reha bilitation services, is amended by striking in its entirety Code Section 49-9-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 499-1 to read as follows:
"49-9-1.
As used in this article, the term or terms:
(1) 'Blind person' means a person who has:
(A) Not more than 20/200 central visual acuity in the better eye after correction; or
(B) An equally disabling loss of the visual field.
(2) 'Director' means the official of the department who is charged with the administration of its functions under this article.
(3) 'Disability to ^employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.
(4) 'Disabled individual' means any person who has a substantial handicap disability to employment.
(3X5) 'Division' means the Division of Rehabilitation Services of the Department of Human Resources.

FRIDAY, MARCH 17, 1995

2269

Htjl iDttt^S tOj Gl~> li iiOL Oui icCw;u.j Will jjlODaUiy leolllL 111 cLii iijj.|jiiiliiicilL OI OCCLlpciliiOlia.1
ttV lor ill cii iC ^ .
(6) 'Maintenance' means money payment not exceeding the estimated cost of subsistence during the provision of vocational rehabilitation or rehabilitation services. It further in cludes amounts, in cash or in kind, to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabilitation or reha bilitation services.
(7) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(8) "Physical restoration' means any medical, surgical, or therapeutic treatment neces sary to correct or reduce substantially a disabled individual's handicap disability to em ployment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for any acute or transitory condition.
(9) 'Prosthetic appliance" means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law.
(11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of disabled persons which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evalua tion of disabled persons and an integrated program of physical restoration and prevocational training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a disabled individ ual to compensate for his handicap or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary train ing and training provided for the purpose of developing occupational skills and capacities.
(13) 'Vocational rehabilitation' and Vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his handicap or her disability to employment and to enable his such individual to engage in a remunerative occupation, including, but not limited to, medical and vocational diagnosis; vocational guidance; counseling and placement; rehabilitation training; physical restoration; transportation; occupational and business licenses; equipment; initial stocks and supplies, including live stock; capital advances; maintenance; and training books and materials.
(14) Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing therapeutic and rehabilitative activities, including the use of monetary rewards as an incentive therapeutic practice for severely disabled persons unable to engage in the competitive labor market. Persons re ceiving therapy in workshops shall not be considered as employees of the state for work ers' compensation, retirement, or any other purposes."

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SECTION 13.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms "handicap" and "handicaps" wherever the same shall occur and inserting in lieu thereof the terms "disability" and "disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings;
(2) Code Section 8-3-203, relating to the unlawful denial of or discrimination in member ship or participation in service or organization relating to selling or renting dwellings;
(3) Code Section 12-5-248, relating to criminal violations under the "Shore Protection Act";
(4) Code Section 16-15-2, relating to legislative findings and intent applicable to the "Georgia Street Gang Terrorism and Prevention Act";
(5) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies;
(6) Code Section 20-2-165, relating to equalization grants and annual calculation;
(7) Code Section 21-2-452, relating to admission of electors to enclosed space;
(8) Code Section 21-2-470, relating to ballot procedures in general;
(9) Code Section 21-3-362, relating to the admission of electors to enclosed space;
(10) Code Section 21-3-380, relating to ballot procedures in general;
(11) Code Section 31-1-3.1, relating to reporting handicapped newborn persons;
(12) Code Section 33-9-4, relating to standards applicable to making and use of insur ance rates;
(13) Code Section 33-24-28, relating to termination of hospital or medical expense insur ance policy or hospital or medical service plan coverage for a dependent child upon at tainment of specified age;
(14) Code Section 34-9-283, relating to applicability to occupational diseases of provi sions of Code Section 34-9-263 regarding permanent partial industrial handicaps;
(15) Code Section 36-87-2, relating to the authority of countries and municipal corpora tions to participate in federal programs;
(16) Code Section 37-3-163, relating to recognition of patient's physical integrity;
(17) Code Section 37-4-123, relating to recognition of clients' physical integrity with --espect to mentally retarded;
(18) Code Section 37-7-163, relating to recognition of alcoholics' and drug users' physical integrity when under treatment;
(19) Code Section 40-5-35, relating to reports by physicians and vision specialists;
(20) Code Section 43-3-8, relating to oral examinations for certified public accountants;
(21) Code Section 43-3-15, relating to oral examinations for registered public accountants;
(22) Code Section 43-12-2, relating to qualifications applicable to disabled veterans and blind persons engaging in certain businesses or practicing certain professions;
(23) Code Section 43-39A-18, relating to penalties for violation of the "Real Estate Ap praiser Classification and Regulation Act";
(24) Code Section 43-40-25, relating to violations under Chapter 40 of Title 43 regarding real estate brokers and salespersons;
(25) Code Section 45-20-1, relating to purposes of Article 1 of Chapter 20 of Title 45 regarding the State Merit System of Personnel Administration;
(26) Code Section 45-20-4, relating to creation of the position of commissioner of person nel administration;

FRIDAY, MARCH 17, 1995

2271

(27) Code Section 48-8-3, relating to exemptions from the state sales and use tax;
(28) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act"; and
(29) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION 14.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapped" wherever the same shall occur and inserting in lieu thereof the term "disabled"; provided, however, that this section shall not apply in any case where the term "handicapped" is preceded by the word "the" and not followed by the word "person" or "persons", but Section 13 of this Act shall apply in any such case:
(1) Code Section 8-2-31, relating to the effect of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building plumbing, electrical, and other building codes;
(2) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings;
(3) Code Section 20-2-142, relating to prescribed courses and materials on the effect of alcohol in the competencies and core curriculum in elementary and secondary schools;
(4) Code Section 20-2-151, relating to general and career education programs;
(5) Code Section 20-2-152, relating to special education services;
(6) Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs;
(7) Code Section 20-2-188, relating to student transportation;
(8) Code Section 20-2-281, relating to assessment of effectiveness of educational programs;
(9) Code Section 20-2-301, relating to Coordinating Committee for Exceptional Individuals;
(10) Code Section 20-2-305, relating to county and regional libraries;
(11) Code Section 20-2-1160, relating to local boards as tribunals to determine school law controversies, except in subsection (f) with respect to the phrase "Education for All Hand icapped Children Act of 1975"; (12) Code Section 20-13-8, relating to licensure under the Georgia Public Telecommuni cations Commission Act;
(13) Code Section 21-2-265, relating to polling places and handicapped facilities; (14) Code Section 21-2-409.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line;
(15) Code Section 21-2-452, relating to admission of electors to enclosed space;
(16) Code Section 21-2-470, relating to ballot procedures in general; (17) Code Section 21-3-318.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (18) Code Section 21-3-362, relating to admission of electors to enclosed space;
(19) Code Section 21-3-380, relating to ballot procedures in general; (20) Code Section 30-1-2, relating to public employment of physically disabled persons;
(21) Code Section 30-4-2, relating to right to housing accommodations;
(22) Code Section 31-1-3.1, relating to reporting handicapped newborn persons;
(23) Code Section 32-4-94, relating to standards for construction of curb ramps;
(24) Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons;

2272

JOURNAL OF THE SENATE

(25) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chapter 9 of Title 34 regarding the subsequent injury trust fund;
(26) Code Section 40-2-71, relating to the design of disabled veteran license plates;
(27) Code Section 42-8-35.1, relating to special alternative incarceration;
(28) Code Section 45-20-51, relating to definitions applicable to Article 3 of Chapter 20 of Title 45 regarding voluntary deductions from wages or salaries of state employees for benefit of charitable organizations;
(29) Code Section 46-1-1, relating to definitions applicable to Title 46;
(30) Code Section 48-5-41, relating to property exempt from taxation;
(31) Code Section 48-8-3, relating to exemptions from the state sales and use tax;
(32) Code Section 49-2-6, relating to the duties and powers of the Department of Human Resources;
(33) Code Section 49-2-12, relating to the development and revision of transportation plan for programs of the Department of Human Resources;
(34) Code Section 49-3-6, relating to functions of county departments of family and chil dren services;
(35) Code Section 49-9-10, relating to the authorization for the Division of Rehabilitation Services of the Department of Human Resources to provide independent-living services; and
(36) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION IS.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrase "the handicapped" and inserting in lieu thereof the phrase "persons with disabilities":
(1) Code Section 8-2-3, relating to building requirements for toilets, shower heads, and faucets;
(2) Code Section 12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission;
(3) Code Section 20-2-161, relating to the Quality Basic Education Formula;
(4) Code Section 20-2-1074, relating to transportation for elderly, handicapped, and 4-H activities;
(5) Code Section 20-4-15, relating to the establishment of adult literacy programs;
(6) Code Section 21-2-265, relating to polling places and handicapped facilities;
(7) Code Section 21-3-164, relating to polling places and access for the handicapped;
(8) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chapter 9 of Title 34 regarding the subsequent injury trust fund;
(9) Code Section 43-28-3, relating to definitions applicable to the "Georgia State Occupa tional Therapy Licensing Act";
(10) Code Section 50-5-31, relating to definitions applicable under the "State Space Man agement Act of 1976";
(11) Code Section 50-5-161, relating to the definition of the term "telecommunications system" for purposes of the "Telecommunications Consolidation Act of 1973"; and
(12) Code Section 50-8-36, relating to human service programs and the delivery of gov ernmental services to consumers.

FRIDAY, MARCH 17, 1995

2273

SECTION 16.

The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrases "handicapped person" or "handicapped persons" wherever the same shall occur and inserting in lieu thereof the phrases "person with disabilities" and "persons with disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings:
(2) Code Section 30-4-1, relating to right to equal public accommodations;
(3) Code Section 34-4-4, relating to the authority of the Commissioner of Labor to grant exemptions from operation of the "Georgia Minimum Wage Law";
(4) Code Section 49-2-13, relating to identifying the transportation needs of elderly and handicapped persons and alternatives to meet them;
(5) Code Section 49-2-13.1, relating to financial assistance for transportation services for elderly and handicapped persons; and
(6) Code Section 49-9-15, relating to retention of title to, use of, and sale or exchange of tools, equipment, or other items of value with respect to vocational services.

SECTION 17.

The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapping" wherever the same shall occur and inserting in lieu thereof the term "disabling":
(1) Code Section 20-2-152, relating to special education services;
(2) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies;
(3) Code Section 20-2-270, relating to establishment of state-wide network of regional educational service agencies;
(4) Code Section 37-2-1, relating to purpose of Chapter 2 of Title 37 regarding the admin istration of mental health and mental retardation services generally;
(5) Code Section 37-2-2, relating to definitions applicable to Chapter 2 of Title 37 regard ing the administration of mental health and mental retardation services generally; and
(6) Code Section 43-10A-3, relating to definitions applicable to the Professional Counsel ors, Social Workers, and Marriage and Family Therapists Licensing Law."

SECTION 18.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1995.
(b) Section 5 of this Act shall become effective on January 1, 1996.

SECTION 19.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on HB 601.

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

Those voting in the affirmative were Senators:

Black Broun of 46th Brown of 26th Cagle Crotts Day

Edge Egan Farrow Gillis Glanton Gochenour

Griffin Hill Hooks Isakson Johnson of 2nd Johnson of 1st

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JOURNAL OF THE SENATE

Kemp Land Langford Madden Marable McGuire

Middleton Perdue Pollard Ragan Ralston Ray

Slotin Tanksley Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Blitch Boshears Burton

Clay Dean Guhl Henson James

Newbill
Oliver Stokes Taylor

Those not voting were Senators:

Bowen Cheeks Harbison

Scott Starr

Thomas Walker

On the motion, the yeas were 35, nays 14; the motion prevailed, and the Senate adopted Conference Committee report on HB 601.
His Excellency, Governor Zell Miller, addressed the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, to the House amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate:

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.
The Speaker has appointed on the part of the House, Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th.
The House has agreed to the Senate amendment, to the House amendment, to the following bill of the Senate:

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

FRIDAY, MARCH 17, 1995

2275

The House has adopted the report of the Committee of Conference on the following bill of the Senate:

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.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on SB 430 was as follows:

The Committee of Conference on SB 430 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 430 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Diane Harvey Johnson Senator, 2nd District

/si Regina Thomas Representative, 148th District

/s/ Eric Johnson Senator, 1st District

/s/ Dorothy B. Pelote Representative, 149th District

/s/ Rene Kemp Senator, 3rd District

/s/ Tom Bordeaux Representative, 151st District

Committee of Conference substitute to SB 430:

A BILL
To be entitled an Act to amend an Act creating a new charter for the Town of Thunderbolt, approved March 25,1974 (Ga. L. 1974, p. 3269), 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 administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the municipal court, the judge thereof, the powers and jurisdiction thereof, and punishments which may be imposed therein; 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 creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5.
Mayor; powers; compensation.
(a) The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (5) Fulfill such other executive and administrative duties as the town council shall establish by ordinance.
(b) The salary of the mayor and the time and method of payment shall be fixed by the town council, but said salary shall not exceed $2,400.00 per year."
SECTION 2.
Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof a new Section 7 to read as follows:
"SECTION 7. Town clerk.
The town council shall appoint a town clerk. The person so appointed shall not be a mem ber of the council. The town clerk shall be the custodian of the official town seal, shall maintain the records of the town, and shall perform such other duties as may be required by the council. The town clerk shall serve at the pleasure of the council and the compensa tion of the town clerk shall be fixed by the council."
SECTION 3.
Said Act is further amended by adding, following Section 7, a new Section 7.1 to read as follows:
"SECTION 7.1. Town administrator.
(a) There shall be a town administrator who shall be nominated by the mayor and elected by a majority vote of the town council for an indefinite term of office. The compensation of the town administrator shall be fixed by the town council. The town administrator shall be selected solely on the basis of executive and administrative qualifications, and the person so selected need not be a resident of the town. (b) The town council may remove the town administrator from office in accordance with the following procedures:
(1) The town council shall adopt by affirmative vote of a majority of all of its members a preliminary resolution which must state the reasons for removal and may suspend the town administrator from duty for a period not to exceed 45 days, but the town council

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shall in any case cause to be paid forthwith to the town administrator any unpaid balance of the town administrator's salary and accumulated annual leave and the town administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the town administrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the town adminis trator for the next three months shall not be paid. A copy of the resolution shall be delivered promptly to the town administrator;
(2) Within ten days after a copy of the resolution is delivered to the town administra tor, such person may file with the town council a written request for a public hearing. Such hearing shall be held not less than 20 and not more than 30 days after the re quest is filed. The town administrator may file with the council a written reply not later than five days prior to the hearing;
(3) If the town administrator has not requested a hearing within the time specified in paragraph (2) of this subsection, the town council may adopt a final resolution for re moval, which may be made effective immediately, by an affirmative vote of a majority of all of its members. If the town administrator requests a hearing and after the full consideration of all evidence and testimony introduced at such hearing, the town coun cil may adopt a final resolution for removal if it finds that sufficient grounds exist for the removal of the town administrator. Such final resolution for removal must be adopted by an affirmative vote of a majority of all members of the town council and may be made effective immediately upon its adoption; and
(4) The town administrator shall continue to receive the town administrator's compen sation until the effective date of a final resolution for removal.
(c) The town administrator shall be the chief administrative officer of the town and shall be responsible to the town council for the administration of all town affairs placed in the town administrator's charge by this charter or by action of the town council. The town administrator shall:
(1) Appoint and, when the town administrator deems it necessary for the good of the town, suspend or remove all town employees and administrative officers the town ad ministrator appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. Except as otherwise provided in this charter or by ordinance of the town council, the town administrator shall make recommendations to the town council concerning the compensation of employees who are under the supervi sion and direction of the town administrator, but the establishment of such compensa tion shall be within the power and discretion of the town council. The town administrator may authorize any administrative officer who is subject to the town ad ministrator's direction and supervision to exercise the powers of the town administra tor with respect to subordinates in that officer's department, office, or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the town, except as otherwise provided by this charter or by law;
(3) Attend all meetings of the town council and have the right to take part in discus sion, but the town administrator may not make motions or vote;
(4) See that all laws, provisions of this charter, and acts, ordinances, and resolutions of the town council which are subject to enforcement or execution by the town adminis trator or by officers or employees subject to the town administrator's direction and supervision are faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the town council;
(6) Submit to the town council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each fiscal year;
(7) Make such other reports as the town council may require concerning the operation of town departments, offices, and agencies subject to the town administrator's direction and supervision;

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(8) Keep the town council fully informed and advised as to the financial condition and future needs of the town and make such recommendations to the town council concern ing the affairs of the town as the town administrator deems desirable;
(9) Appoint, subject to the approval of the town council, a qualified administrative of ficer to exercise the powers of the town administrator during the temporary absence or disability or the town administrator by filing a letter for such purpose with the town clerk; and
(10) Perform such other duties and exercise such other powers as are required by the town council.
(d) Except for the purpose of inquiries and investigations, the mayor and town council or its members shall deal with town officers and employees who are subject to the direction and supervision of the town administrator solely through the town administrator, and the mayor, the town council, or the members of the town council shall not give orders to any such officer or employee, either publicly or privately."
SECTION 4.
Said Act is further amended by striking Section 25 of said Act and inserting in lieu thereof a new Section 25 to read is follows:
"SECTION 25.
Municipal officers and employees.
The town council, by majority vote of the mayor and council, shall elect any or all of the following municipal officers: Tax collector, tax receiver, tax commissioner, registrar, mem bers of authorized municipal agencies and commissions, chief of police, town marshal, judge of the municipal court, judge pro tempore, clerk of the court, administrative clerks of the court, town physician, town attorney, superintendent of waterworks and sewerage, street superintendent, superintendent of utilities, superintendent of the public works de partment, town clerk, and town administrator. Except as otherwise provided in this char ter or by ordinance, other employees of the town shall be employed or appointed by the town administrator as provided in Section 7.1 of this charter. The town council may desig nate if it so desires that one person shall hold more than one of the offices or positions which it may create by ordinance. The council shall fix the compensation, prescribe the duties, and specify the term of employment of each person whom it shall employ; provided, however, that if the town council fails to state the term of employment, such employee so appointed or elected by the council shall serve only for and during the pleasure of the town council and may be removed by it from office or employment at the council's pleasure, with or without cause or notice."
SECTION 5.
Said Act is further amended by striking subsection (b) of Section 30 of said Act and in serting in lieu thereof a new subsection (b) to read as follows:
"(b) The judge shall have the power to impose fines, costs, and forfeitures for the violation of any law or any ordinance of the Town of Thunderbolt passed in accordance with this charter. The court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $500.00 or six months in jail or any combination thereof. The court may fix punishment for offenses within its jurisdic tion as provided in subsection (c) of Code Section 36-31-1 of the Official Code of Georgia Annotated or any other law of this state. The judge of such court shall have such other powers as provided for in Chapter 31 of Title 36 of the Official Code of Georgia Annotated or any other general law of this state. The judge shall be to all intents and purposes a magistrate so far as to enable the judge to issue warrants for offenses committed within the limits of the Town of Thunderbolt, which warrants may be executed by any officer of said town, and to admit the offenders to jail or admit them to bail in bailable cases for

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their appearance at the next term of court of competent jurisdiction. The court shall also have concurrent jurisdiction with that of the magistrate court over offenses against the criminal laws of the state committed within the corporate limits. Except as may be other wise specified in this charter, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Thunderbolt. The court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts, particularly such laws as authorize the abatement of nuisances. The judge is authorized to administer oaths."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 2nd moved that the Senate adopt the Conference Committee report on SB 430.

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 Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis

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

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

Those not voting were Senators:

Brown of 26th Edge (excused)

Madden Perdue (excused)

Starr (excused) Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 430.

The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to HB 288 by inserting on line 3 of page 1 after "Governor;" the following and adding

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"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 provisions relating to obligations not subject to the 'Georgia Securities Act of 1973'; to amend the sunset provi sion for issuing certain industrial development bonds;".
"SECTION 1.5.
Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' is amended by striking in its entirety paragraph (2) of subsection (i) of Code Section 50-26-10, relating to obligations not subject to the 'Georgia Securities Act of 1973" and payment of operating costs and expenses, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) The authority shall not have outstanding at any one time bonds and notes for financ ing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995 June 30, 1997; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.'".
Senator Hill of the 4th moved that the Senate disagree to the House amendment to the Senate amendment to HB 288.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to the Senate amendment to HB 288.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education to develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission; to author ize local units of administration to use such models; to provide requirements for the adver tisement of teacher vacancies; to provide a definition; to provide for the establishment of policies by local boards of education requiring the expulsion of students who bring weapons to school; to authorize placement of such students in alternative programs; 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 pro vide 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 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.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-210, relating to annual performance evaluations, and inserting in lieu thereof the following:
"20-2-210.
All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropri ately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superin tendents, such evaluations shall be performed by the local board of education. Certifi cated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evalua-
LlOn pFOCGSS, M116 oCSliC UucU'Cl Oi liiClUCHtiOll SllcllI &QOJH) SU.C11 1'ti^U.lcltlOliS clllCi Stiiliu.cll'u,S &S
31*6 uiiciilicu flSCGSSflTy TO 6ilSUl*6 llielt tll6 flllllllfli 6V3lU.StlOil^.iliCl pl^JIfiSSiO113.1 llllprGVG-
illtiiit pi dllll 111^ J}rOC6SS6S LJL~ clfe ODjfiCtiVcij CQUlt3.Di6, 3.11C1 cllcCtiVft 3S pOSSlDl&. J.IlG SL3.L6
board shall provide fui the development and implementation by July 1,1989, of develop a state wide uiiifumi model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All huch instm-
iHtHltS S11311 DG IItilu i.eStfiu tild i^ViScu tO lilcct SSlciDilSilfiCl111&SLSUF6 illG11L CritGriEl
designed to provide fui validity and reliability The local units of administration are au thorized to use the models developed by the State Board of Education?'
SECTION 2.
Said chapter is further amended by striking subsection (d) of Code Section 20-2-211, relat ing to the employment of teachers, principals, and other certificated professional personnel, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall have a job description for each certificated profes sional personnel classification, shall have policies and procedures relative to the recruit ment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system. A local board of education may also announce such positions in the legal oigan ol' the county in which the school system is located and to colleges and universities in the other states."
SECTION 3.
Said chapter is further amended by striking Code Section 20-2-751, relating to definitions, and inserting in lieu thereof a new Code Section 20-2-751 to read as follows:
"20-2-751.
As used in this subpart, the term:
(1) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester.
(2) 'Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester.
(3) 'Short-term suspension' means the suspension of a student from a public school for not more than ten school days.

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(4) Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code."
SECTION 4.
Said chapter is further amended by adding immediately following Code Section 2-2-751 a new Code Section 20-2-751.1 to read as follows:
"20-2-751.1.
(a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school.
(b) The local board of education shall have the authority to modify such expulsion re quirement as provided in subsection (a) of this Code section on a case-by-case basis.
(c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alter native educational setting.
(d) Nothing in this Code section shall infringe on any right provided to students with individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Amer icans with Disabilities Act."
SECTION 5.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-797, relating to the Professional Practices Commission disciplinary recommendations, 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 before~the 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, in its. investigation, found determined that the complaints against the educators were not justified. If the commission7-hf"Its 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 6.
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 regula tions 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 case proceedings pursuant to Code Section 20-2-797 in accordance with rules and regulations

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promulgated by the Professional Practices Commission pursuant to this chapter. An as sistant administrative law judge shall preside over any such proceeding and shall make necessary legal rulings and shall prepare a composite report of the tribunal's findings of fact, conclusions of law, and recommendations..Such composite report shall be transmit ted 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 7.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ragan of the llth moved that the Senate agree to the House substitute to SB 281.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Black Blitch Brown of 26th Dean

Edge (excused) Griffin Hooks Isakson Oliver

Perdue (excused) Scott Starr (excused) Tanksley

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 281.
The following bill was taken up to consider the Conference Committee report thereto:
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.

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The Conference Committee report on HB 365 was as follows:

The Committee of Conference on HB 365 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 365 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Clay Land Senator, 16th District

/s/ Jimmy Skipper Representative, 137th District

/s/ Don Balfour Senator, 9th District

/s/ John Godbee Representative, 145th District

/s/ Jack Hill Senator, 4th District

/s/ Kathy Ashe Representative, 46th District

Committee of Conference substitute to HB 365:

A BILL
To be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools and in home study programs; to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as provide for policies relating to facilities which are historic landmarks; 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.
Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to financing under the "Quality Basic Education Act," is amended by striking subsec tion (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary courses, academic credit, and a secondary options grant account, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests taken by any eligible private high school student from a private high school accredited by the Georgia Private ScEool Accrediting Commission, the Georgia Accrediting Commission, or tEe Southern Association of Schools and Colleges, or their respective successors, any elP gible public high school student, and any eligible home study program student, who suu~ tcoalully coiiiplbtcS O.LL appiOvcu auvaiicbu plciCciuciil coLu fee. 1 o be eligible to have tees paid for such tests, such student shall have successfully completed an approved advancecl placement course taught by a teacher or other person qualified to teach such course as determined by the local school system. The tocai high school principal or other designated school official shall certify to the department the number of students taking the advanced placement tests, the total fees charged, and such additional information as the depart ment requires regarding advanced placement tests, and the department shall make pay ments directly to the testing service from funds dedicated to this purpose within the secondary option grant account. The department shall not be authorized to pay such fees for any one student to take such" tests more than two times in any one subject matter?"
SECTION 2.
Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, is amended in subsection (c) by striking "and" at the end of paragraph (8), striking

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2285

the period at the end of paragraph (9) and inserting in lieu thereof "; and" and adding the following:
"(10) To adopt uniform rules, regulations, standards, criteria, and policies respecting all location, equipping, operating, maintenance, construction, and use of all 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."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th moved that the Senate adopt the Conference Committee report on HB 365.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Day Dean Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Black Brown of 26th Cheeks

Edge (excused) Hooks Johnson of 2nd

Perdue (excused) Ray Starr (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 365.

The following resolution was taken up to consider House action thereto:

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.

Senator Newbill of the 56th moved that the Senate recede from its amendment to HR95.

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 Burton Cagle Cheeks Clay

Crotts Day Dean Egan Gillis

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Glanton Gochenour Griffin Guhl Harbison Hill Hooks Isakson James Johnson of 1st Kemp

Land Langford Madden Marable McGuire Mi^dleton Newbill Pollard Ragan Ralston Ray

Those not voting were Senators:

Abernathy Bro.-. n of 26th Edge (excused)

Farrow Henson Johnson of 2nd

Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Oliver Perdue (excused) Starr (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from its amendment to HR 95.
The following resolution was taken up to consider the Conference Committee report thereto:

HR 277. By Representative Reichert of the 126th:

A resolution compensating Mr. Robert T. Cramer.

The Conference Committee report on HR 277 was as follows:

The Committee of Conference on HR 277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 277 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

Isi Gerald E. Greene Representative, 158th District

/s/ Richard O. Marable Senator, 52nd District

1st Jimmy Skipper Representative, 137th District

/s/ S. Guy Middleton Senator, 50th District

/s/ Robert A.B. Reichert Representative, 126th District

Committee of Conference substitute to HR 277:

A RESOLUTION

Compensating Mr. Robert T. Cramer; and for other purposes.
WHEREAS, on June 1, 1993, Mr. Robert T. Cramer fell in a puddle of water on the prem ises of the Georgia State Farmers' Market on Eisenhower Parkway in Macon, Georgia, and fractured his pelvis, sustained compression fractures of his spine, and suffered bruises and abrasions; and
WHEREAS, Mr. Cramer's out of pocket expenses relating to his injuries were in excess of $13,000.00; and
WHEREAS, Mr. Cramer's injuries and loss occurred through no fault or negligence on the part of Mr. Cramer, and it is only fitting and proper that he be compensated for his travel expenses for medical treatment.

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2287

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is authorized and directed to pay the sum of $5,000.00 as compensation to Mr. Cramer for his injuries as referred to above. Said sum shall be paid from funds appropriated to or otherwise available to said department and shall be full and complete satisfaction of all claims against the state arising out of the same occurrence.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HR 277.

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 Burton Cagle Cheeks Clay Crotts Day Dean 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 Ralston Ray Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Brown of 26th Edge (excused) Egan Harbison

Hill Perdue (excused) Ragan

Scott Starr (excused) Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HR 277.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
The following bill was taken up to consider the Conference Committee report thereto:
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.

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JOURNAL OF THE SENATE

The Conference Committee report on HB 338 was as follows:

The Committee of Conference on HB 338 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 338 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Edward E. Boshears Senator, 6th District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Stephen B. Farrow Senator, 54th District

/s/ Ray Holland Representative, 157th District

Arthur C. Guhl Senator, 45th District

/s/ Robert A.B. Reichert Representative, 126th District

Committee of Conference substitute to HB 338:

A BILL
To be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to district attorneys, so as to provide for investigative subpoenas for the production of documentary evidence in certain criminal investigations; to provide for practices and procedures; to provide for service; to provide for enforcement; to amend Title 24 of the Official Code of Georgia Annotated, relat ing to evidence, so as to 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 and may sequester the victim of a felony or member 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 change the provisions relating to witness fees and mileage; to provide that certain persons shall be entitled to receive a witness fee; to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, so as to provide for investigative subpoenas for the production of documentary evidence in certain criminal investigations; to provide for practices and proce dures; to provide for service; to provide for enforcement; to provide for other matters rela tive to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relative to district attorneys, is amended by adding at the end thereof a new Code Section 15-18-29 to read as follows:
"5-18-29.
(a) In any criminal investigation within the jurisdiction and powers of a district attorney involving the State Health Care Fraud Control Unit, allegations of Medicaid fraud, or alleged violations of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substance Act," a district attorney may by administrative subpoena compel the production of docu mentary evidence or records, including books, papers, documents, and other tangible things which constitute or contain evidence, which the district attorney finds relevant or material to a criminal investigation. The production of documentary evidence or records may be required anywhere within the state and at any place of hearing.

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(b) An administrative subpoena issued under this Code section may be served by the sheriff or a deputy sheriff. Service upon a natural person may be made by any personal delivery of the subpoena to such person. Service may be made upon any domestic or foreign corporation or upon a partnership, limited liability company, unincorporated as sociation, or other legal entity by delivering the administrative subpoena to an officer, to a managing or general agent, to a general partner, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the administrative subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey an administrative subpoena to any person or entity, the district attorney may invoke the aid of any superior court of this state having jurisdiction over the person or entity to compel compliance with the admin istrative subpoena. The court may order the production of such documentary evidence or records. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any county in which such person may be found."
SECTION 2.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-61.1, relating to allowing the presence of a victim at court pro ceedings, 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 he victim of a criminal oftense may and the immediate family of the victim shall be entitled to be present in any court exercising jurisdiction over such ott'ense. ft-sfaall be within the-sote
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(2) If the victim of a felony 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 motion shall as necessary or appropriate to secure a fair trial for the defendant:
(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 per son has completed his or her testimony.
The court shall, in the 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 jus tice, 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."

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SECTION 3.
Said title is further amended by striking Code Section 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24.
The witness fee shall be $10.00 $15.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance. When, but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 20(Z per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency, or postal money order, ui by cashier's check, or certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 24-10-27, relating to witness fees for police officers and others, and inserting in lieu thereof the following:
"24-10-27.
(a) Notwithstanding any other provision in this article, any member of a municipal or county police force or any deputy sheriff or any campus policeman employed by a public or private college or university in this state a& defined ia Cude Section 20-8-1 or a mem ber of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing au thority, but not less than $20.00 per diem. The claim for the witness fees shall be en dorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be cer tified by the judge or the prosecuting attorney of the court attended. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his or her attend ance and that his or her attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regard less of the number of subpoenas which the officer may have received requiring him or her to appear in such court or before the grand jury on any one day.
(b)(l) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of a municipal or county police force or any deputy sheriff or any campus policeman employed by a public or private college or university in this state a.k defined m Cude UtiuUuii 20-8-1 or any arson investigator of the state fire mar shal's office or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allow ance provided in Code Section 24-10-24 when such officer resides outside the county

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where the testimony is to be given. The claim for the witness fees shall be endorsed on

the subpoena showing the dates of attendance and stating that attendance was re

quired during the hours other than the regular duty hours to which the claimant was

assigned. The claimant shall verify this statement. The dates of attendance shall be

certified by the party obtaining the subpoena. The chief of police, the sheriff, the direc

tor of public safety of a college or university, or the local fire chief shall certify that the

claimant has not received any overtime pay for his or her attendance and that his or

her attendance was required during hours other than regular duty hours.

~

(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24.

(c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena.

(d) For the purposes of this Code section, the term 'regular duty hours' means the daily shift of duty to which such officer is assigned and shall not include paid or unpaid vaca tion, paid or unpaid sick leave, paid or unpaid holiday or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency."

SECTION 5.

Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, is amended by adding at the end thereof a new Code Section 35-3-17 to read as follows:
"35-3-17.

(a) In any criminal investigation within the jurisdiction and powers of the bureau involv ing the State Health Care Fraud Control Unit, allegations of Medicaid fraud, or alleged violations of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substance Act,' the director of the Georgia Bureau of Investigation may by administrative subpoena com pel the production of documentary evidence or records, including books, papers, docu ments, and other tangible things which constitute or contain evidence, which the director of the Georgia Bureau of Investigation or the deputy director of the investigative division finds relevant or material to a criminal investigation. The production of documentary evidence or records may be required anywhere within the state and at any place of hearing.
(b) An administrative subpoena issued under this Code section may be served by any sworn agent designated by the director of the Georgia Bureau of Investigation to serve it. Service upon a natural person may be made by any personal delivery of the subpoena to such person. Service may be made upon any domestic or foreign corporation or upon a partnership, limited liability company, unincorporated association, or other legal entity by delivering the administrative subpoena to an officer, to a managing or general agent, to a general partner, or to any other agent authorized by appointment or by law to re ceive service of process. The affidavit of the person serving the administrative subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey an administrative subpoena to any person or entity, the Attorney General may invoke the aid of any superior court of this state having jurisdiction over the person or entity to compel compliance with the admin istrative subpoena. The court may order the production of such documentary evidence or records. Any failure to obey the order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in any county in which such person may be found."

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SECTION 6.
This Act shall become effective July I, 1995. Section 1 of this Act 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 Section 1 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 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate adopt the Conference Committee report on HB 338.

On the motion, 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 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 Pollard Ragan Ralston Scott Slotin Stokes Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Henson and Tanksley.

Those not voting were Senators:

Blitch Brown of 26th

Edge (excused) Perdue (excused)

Ray (presiding) Starr (excused)

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 338.

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

Mr. President:

The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:

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.

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2293

The Speaker has appointed on the part of the House, Representatives Lord of the 121st, Shipp of the 38th and Williams of the 114th.
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:

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.
The Speaker has appointed on the part of the House, Representatives Holmes of the 53rd, Canty of the 52nd and Holland of the 157th.
Senator Edge of the 28th moved that the Senate appoint a second Committee of Con ference on the following bill of the House:

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.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a second Committee of Conference the following:
Senators Thomas of the 10th, Edge of the 28th and Egan of the 40th.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The second Conference Committee report on HB 423 was as follows:

The Committee of Conference on HB 423 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 423 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Nadine Thomas Senator, 10th District

Is/ Bob Holmes Representative, 53rd District

/s/ Mike Egan Senator, 40th District

/s/ Henrietta M. Canty Representative, 52th District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Ray Holland Representative, 157th District

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Committee of Conference 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 deadline for registration in certain special primaries and elections; 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) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof a new subsection to read as follows:
"(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; provided, 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 Hates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day prior to the date of the special primary or erection or, if such thirty-first day is a legal holiday, by the close of business on the following business day."
SECTION 2.
Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3123, relating to deadlines for registration for municipal elections, and inserting in lieu thereof a new subsection to read as follows:
"(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, how ever, 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 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be

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2295

at the close of business on the thirty-first day prior to the date of the special primary or election or, if such thirty-first day is a legal holiday, by the close of business on the following business day?1

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate adopt the second Conference Com mittee report on HB 423.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Day Dean Egan Gillis Glanton Gochenour

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

McGuire Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner

Those voting in the negative were Senators:

Black

Farrow

Henson

Those not voting were Senators:

Blitch Brown of 26th Cagle Edge (excused)

Middleton Perdue (excused) Ray (presiding)

Starr (excused) Tysinger Walker

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate adopted the second Conference Committee report on HB 423.
The President resumed the Chair.
Senator Thompson of the 33rd moved that Rule 156 requiring a Conference Committee report to be printed and distributed one (1) hour before it consideration by the Senate be suspended, and that the Conference Committee report on the following bill be considered:

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.

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On the motion, the yeas were 45, nays 0; the motion prevailed, and the Conference Committee report on HB 38, as follows, was considered by the Senate:

The Committee of Conference on HB 38 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 38 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Terrell A. Starr Senator, 44th District

/s/ A. Richard Royal Representative, 164th District

/s/ Arthur B. Edge Senator, 28th District

/s/ Ronnie Culbreth Representative, 132th District

/s/ Sonny Perdue Senator, 18th District

/si Jimmy Skipper Representative, 137th District

Committee of Conference substitute to HB 38:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, so as to provide for a tax credit for certain taxpayers and other persons with respect to ad valorem property taxes; to provide for a short title; to provide for definitions; to pro vide for procedures and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, is amended by striking Code Section 48-7-29, which reads as follows:
"48-7-29.
Reserved.",
and inserting in its place a new Code Section 48-7-29 to read as follows: "48-7-29.
(a) This Code section shall be known and may be cited as the "Property Tax Credit Act of 1995.'
(b) As used in this Code section, the term:
(1) 'Ad valorem taxes' means any and all ad valorem property taxes levied on property for which a credit may be claimed under this Code section.
(2) 'Agricultural property' means all property contained in the homogeneous group of property classified as agricultural according to the classifications and strata specified by the commissioner.
(3) 'Commercial property' means all property contained in the homogeneous group of property classified as commercial according to the classifications and strata specified by the commissioner.
(4) 'Industrial property" means all property contained in the homogeneous group of property classified as industrial according to the classifications and strata specified by the commissioner.

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(5) 'Residential property' means all property contained in the homogeneous group of property classified as residential according to the classifications and strata specified by the commissioner.
(c)(l) A person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 or 48-7-21 in an amount not to exceed 10 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on resi dential property or agricultural property owned by that person or that person's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(2) A person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxable under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed 10 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on residential property or agricultural property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(3) A person shall only be authorized to claim for a tax year one of the credits provided for in paragraph (1) or (2) of this subsection and in no event more than one of such credits.
(dXl) A person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 or 48-7-21 in an amount not to exceed 5 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on commer cial property or industrial property owned by that person or that person's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(2) A person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxable under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed 5 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on commercial property or industrial property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(3) A person shall only be authorized to claim for a tax year one cf the credits provided for in paragraph (1) or (2) of this subsection and in no event more than one of such credits.
(e)(l) With respect to any single tract of property in which one or more corporations have an ownership interest, only one corporation may claim the credit under this Code section.
(2) Any property tax payment in any year with respect to which a credit is granted under any provision of this Code section shall not qualify for an additional credit for the same year for the same person or any other person under any provision of this Code section.
(3) A person shall only be authorized to claim for a tax year one of the credits provided for in subsection (c) or (d) of this Code section and in no event more than one of such credits.
(f) The tax credit claimed by a taxpayer pursuant to this Code section shall be deductible from the taxpayer's income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the credit over payments due shall be refunded to the taxpayer, provided that a tax credit properly claimed by a person who has no income tax liability shall be paid to the person; and provided, further, that no

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refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00 No such tax credit shall be allowed the taxpayer against prior or future years' tax liability.
(g) All claims for a tax credit under this Code section, including any amended claims, must be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with this subsection shall constitute a waiver of the right to claim the credit.
(h) The tax credit provided for in this Code section shall be in addition to and not in lieu of any other tax credit authorized under this title.
(1)(l) The commissioner shall provide that any return or other form used for purposes of claiming the credit under this Code section shall indicate prominently in boldface type in the designated location for claiming the credit the following: 'PROPERTY TAX CREDIT.'
(2) The commissioner shall be authorized to promulgate any rules and regulations nec essary to implement and administer the provisions of this Code section.

SECTION 2.

This Act shall become effective on January 1,1996, and shall be applicable to all income tax years beginning on or after that date with respect to ad valorem taxes on real or personal property paid on or after that date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 38.

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 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 Brown of the 26th.

On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 38.

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Senator Perdue of the 18th moved that Rule 156 requiring a Conference Committee report to be printed and distributed one (1) hour before its consideration by the Senate be suspended, and that the Conference Committee report on the following bill be considered:

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.

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Conference Committee report on HB 62, as follows, was considered by the Senate:

The Committee of Conference on HB 62 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 62 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District

/s/ Larry Walker Representative, 141th District

/s/ Johnny Isakson Senator, 21st District

/s/ William J. Lee Representative, 94th District

/s/ Steven E. Langford Senator, 29th District

/s/ Jo Ann McClinton Representative, 68th District

Committee of Conference 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 as to change provisions relat ing 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 and purposes for which such reimbursements and allowances may be paid; to provide that amounts not claimed shall lapse and shall be remitted to the general fund of the state treasury; 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.
Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the third undesignated paragraph of para graph (22) of subsection (a) and inserting in its place a new undesignated paragraph to read as follows:
"Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $09.00 $75.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees."
SECTION 2.
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

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JOURNAL OP THE SENATE

paragraph (22) of subsection (a) and inserting in its place a new undesignated subparagraph 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 dill'eieiitial, lodging, meals, office equipment, postage, personal services, printing and publica tions, rents, supplies (including software), telecommunications, transpor tation, and utilities, and leasing of equipment. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem
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10X6 in cllcCL IOr tlit; SC3X6 C3.pl tell L& SpciCIllciu Dy tilO \JfQ 1161*3.1 ijci'ViCcS
Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal 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 suppoi ting document ur documents shall be re quired for the per Jieai differential. Any voucher for any expense incurred in any year as denned in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reim bursement shall be made on any voucher submitted after that date. Any amounts remaining in such expense account which are not so claimed by April 15 and any amounts claimed which are returned as hereafter pro vided for in this paragraph shall lapse and shall be remitted by the legis lative fiscal office to the general fund of the state treasury. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this para graph (22). Any former member of the General Assembly may be reim bursed for expenses incurred while a member 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 reim bursement may be made and the form of the voucher which must be sub mitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is 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 legisla tive fiscal office is authorized to withhold the payment of any other mon eys 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 such reimbursement for actual expenses incurred, as provideH 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

FRIDAY, MARCH 17, 1995

2301

differential which may be claimed for each such day shall be the differ ence between the daily expense allowance authorized tor members of the General Assembly and $119.00. Fer diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allow ance 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 3.

(a) Section 1 of this Act shall become effective on the convening date of the 1997 regular session of the General Assembly.
(b) Section 2 of this Act shall become effective on the convening date of the 1996 regular session of the General Assembly.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate adopt the Conference Committee report on HB 62.

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

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Dean Griffin Guhl Harbison Henson Hill Hooks

Isakson James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue

Ragan Ray Scott Starr Stokes Taylor Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Blitch Burton Cagle Cheeks Crotts
Day

Edge Egan Farrow Glanton Gochenour Johnson of 1st Land

Those not voting were Senators:

Brown of 26th

Clay

McGuire Newbill Pollard Ralston Slotin Tanksley Thompson
Gillis

On the motion, the yeas were 31, nays 22; the motion prevailed, and the Senate adopted the Conference Committee report on HB 62.
The following resolutions were read and adopted:

SR 365. By Senator Ray of the 19th: A resolution expressing regrets at the passing of Walter LeRoy Burnham.

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SR 366. By Senators Ralston of the 51st and Bowen of the 13th: A resolution commending Larry Williams.
SR 367. By Senators James of the 35th, Brown of the 26th, Griffin of the 25th and others: A resolution recognizing and commending the Honorable Diane Harvey Johnson.
SR 368. By Senators Brown of the 26th, James of the 35th, Johnson of the 2nd and others: A resolution commending the Mississippi legislature.
SR 369. By Senator Cheeks of the 23rd: A resolution recognizing and commending Officers Leroy Delancy III and Hugh H. H. Henry of the Zone 5 Field Investigation Team of the Atlanta Police De partment.
SR 370. By Senator Cheeks of the 23rd: A resolution commending Terry McKenzie and Dolores McDonald for bill draft ing par excellence,
SR 371. By Senator Ray of the 19th: A resolution recognizing the Atkinson County High School Rebels basketball team.
SR 372. By Senator Ray of the 19th: A resolution commending Lloyd McDonald.
SR 373. By Senator Thomas of the 10th: A resolution recognizing licensed dietitians of the Georgia Dietetic Association and qualified nutritionists of the Georgia Nutrition Council; designating March, 1995, as Georgia Nutrition Month at the Capitol.
SR 374. By Senator Broun of the 46th: A resolution providing for recognition of James D. Robinson III, the World Trav el and Tourism Council, and for the development of a World Travel and Tourism Technology Center in Atlanta.
SR 375. By Senators Thomas of the 10th, Henson of the 55th and Stokes of the 43rd: A resolution recognizing and commending Jeanette Rozier.
SR 376. By Senator Abernathy of the 38th: A resolution urging the mayor and the council of the City of Atlanta to expeditiously and expediently develop, implement, and complete a viable nondiversion alternative to the tunnel alternative once proposed by the City of Atlanta, but since abandoned because of a public outcry against it.

FRIDAY, MARCH 17, 1995

2303

SR 377. By Senator Thomas of the 10th:
A resolution recognizing and commending Carolyn Martin Howard.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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.
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.
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.
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.
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.
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.
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

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Austell, Georgia; to confirm the corporate boundaries of the City of Austell, Georgia.
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.
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.
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.
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.
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.
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 House has adopted by the requisite constitutional majority the following resolu tion 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.

FRIDAY, MARCH 17, 1995

2305

The House has agreed to the Senate substitutes to the following bills of the House:
HB 1016. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.
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 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 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 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 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 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.

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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 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.
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 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 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.
The House has agreed to the Senate substitutes to the following resolutions 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.
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.
HR 78. By Representative Royal of the 164th:
A resolution compensating Ms. Sue F. Condrey.
HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution compensating Ms. Charlotte Brandenburg.

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2307

The House has agreed to the Senate amendments to the following bills of the House:
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 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 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 87. By Representatives 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.
HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th, Coker of the 31st, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the dis trict attorney is authorized to appoint.
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".
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.

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The House has adopted the reports of the Committees of Conference on the following bills of the House:
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.
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 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the 11th, 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 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.
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 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.

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2309

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.
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 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.
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.
The House has adopted the reports of the Committees of Conference on the following resolutions of the House:
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 House has adopted the reports of the Committees of Conference on the following bills of the Senate:
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.

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SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, so as to provide for an alternative system of regulation of telecommunications service; to provide 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.
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.
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.
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 House has adopted the reports of the 2nd Committees of Conference on the follow ing bills of the House:
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.
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.

FRIDAY, MARCH 17, 1995

2311

Senator Abernathy of the 38th moved that the following resolution of the Senate be removed from the Table:
SR 322. By Senators Abernathy of the 38th, Thomas of the 10th and James of the 35th:
A resolution creating the Senate Advisory Commission to the City of Atlanta on Freaknik.
The motion could not be acted upon due to the time for adjournment sine die having arrived.
The President announced at 11:57 P.M. that the Senate stood adjourned sine die.

INDEX

2313

Senate Journal Index
1995 Regular Session

INDEX

2315

NUMERIC INDEX--1995 SESSION

SENATE BILLS

SB

1--Civil Actions; improper claims relative public

issue, concerns. ................................... 34, 449, 473, 511, 588

SB

2--Developmental Highways; add corridor; remove

Outer Perimeter............................................. Prefiled 34

SB 3--Public Roads; construction, maintenance; include bicycle

paths, rapid transit systems and

passenger rail service. ....................................... Prefiled 80

SB 4--Employees Retirement; mental health community boards. ...... Prefiled 53

SB 5--Perinatal Services; inclusion in state health planning. .......... Prefiled 53

SB 6--Parenting and Home Economics Education in Schools.............. Prefiled

SB 7--Alimony or Child Support; violated orders; punishment;

obligations. ....................................... 45, 647, 683, 761, 771

SB

8--Crimes Occurring Prior to Marriage; witnesses;

spousal testimony. ................................ 34, 110, 123, 136, 138

SB

9--Public Schools; required evaluation; exemption

under accreditation. ............................... 34, 627, 649, 684, 700

SB 10--In-school Suspension Classes; supervisors; qualifications. ....... Prefiled 34

SB 11--Education; student assessment tests; change

provisions. .................................. 34, 256, 297, 332, 452, 465

SB 12--Textbooks Requested by Local Schools; approval procedure.

Prefiled 35

SB 13--School Attendance; teenage welfare recipients; LEARNFARE. . Prefiled 35

SB 14--Limousines; vehicles for hire; certificate requirements. ............ Prefiled

SB 15--Disciplinary Actions; minimum procedures to

ensure due process. ....................... 35, 76, 86, 99

SB 16--Vehicles for Hire; certificated limousine carriers;

requirements. ............................................. 35, 450, 473

SB 17--Workers' Compensation; coverage of certain

Olympic Games volunteers. ......... 35, 96, 110, 125, 126, 136, 137, 1422

SB 18--Campaign Consulting Services; restrict certain

use of campaign funds. ................... 35, 647, 683, 730, 739, 844, 856

SB 19--Textbook Selection; actions, gifts influencing

selection prohibited. ................................................. 36

SB 20--State School Superintendent; authority to employ

or dismiss employees. ............................................... 36

SB 21--Motor Vehicle Insurance; premium reductions for

high school students. ................................................ 36

SB 22--State Employment; preemployment; Workplace

Drug Testing Program. ................. 36, 196, 217, 237, 239, 1519, 1556

SB 23--Insurance; group disability income; preexisting

conditions. ...................... 36, 96, 110, 125, 127, 916

SB 24--Petroleum Pipeline Companies; powers of eminent

domain; procedures. ......................... 36, 76, 86, 99, 100, 718, 743

SB 25--POW-MIA Flag Honoring Prisoners of War, Missing

in Action; display. ....... 37, 96, 110, 125, 127, 471, 607, 619, 630, 652, 662

SB 26--State School Superintendent; authority to employ,

dismiss employees. .................................................. 37

2316

JOURNAL OF THE SENATE

SB 27--Stone Mountain Memorial Park Natural Areas; development restrictions. .......................... 37, 233, 258, 299, 312
SB 28--Legislative Services Committee; additional members; minority leaders. .......................................... 37
SB 29--Delinquent Tax Collection by Contractors; unemployment tax payments. .............. 37, 109, 123, 136, 140, 1216, 1469, 1865, 2033
SB 30--Juvenile Felony or Delinquent Acts; hearings; notices; records. ......................... 37, 109, 123, 136, 159, 221, 225
SB 31--At-risk Youth; after-school programs; attendance; chronic problems. ...................... 38, 195, 217, 237, 241, 1804, 2082
SB 32--Landfill Sites; untreated sewage sludge, solid waste; restrictions. ...................... 38, 122, 135, 159, 199, 200, 630, 636, 2129, 2184, 2274
SB 33--U.S. Flag; display in rooms used for election polling places. .................................... 38, 123, 135, 159, 160
SB 34--Driver's License; renewal; persons under age 21 upon 21st birthdate. ................. 38, 134, 156, 199, 201, 1612, 2053
SB 35--State Boxing Commission; contracts; promotion of amateur boxing. .......................... 38, 134, 156, 199, 201, 2304
SB 36--Telephone Companies; monthly service rates for touch-tone phones. ............................................... 38
SB 37--Driver's License; stolen license; no fees for replacement. .......:........................ 39, 126, 134, 156, 199, 202
SB 38--Legislation Mandating Expenditure Upon Local Governments; procedures. ........................................... 39
SB 39--Banks County; Probate Court; judge; nonpartisan nomination, election. ..................................... 39, 59, 61, 102
SB 40--Banks County; Chief Magistrate; nonpartisan nomination and election................................... 39, 59, 61, 102
SB 41--Official American Indian Tribe; Southern Band Cherokees and Creeks. .............................................. 45
SB 42--Sales Tax; exemption; sales by public elementary, secondary schools. .................................................. 45
SB 43--Cemetery Caskets or Vessels; identity of persons interred. ......................................... 45, 216, 234, 261, 273
SB 44--State Flag; change design and description. ............................ 45
SB 45--Insurance Agents, Adjusters; licensing; certain personnel excluded. ................................ 46, 97, 110, 125, 128
SB 46--Educators; use of lottery proceeds to train in use of computers. ................................................. 46
SB 47--High School Students; enrollment in postsecondary institutions. ................................. 46, 195, 217, 238, 243, 916
SB 48--Speed Limit Restrictions; signage; construction sites; firefighters using communication headphones. 46, 123, 135, 159, 160, 1423, 2100
SB 49--Official State Language; designate English. . ... 46, 256, 297, 332, 452, 480,
1746, 1837
SB 50--Contractors; project sites; written Notice of Commencement of work. .................. 47, 110, 123, 136, 140, 1517
SB 51--Insurance; Auto, Health, Property Policies; coverage and cancellation. ........ 47, 122, 135, 159, 161, 1217, 1239, 1244
SB 52--Textbooks; selection method; educators requesting approval. .............................. 47, 195, 217, 238, 244, 1772, 2040
SB 53--Inmates Convicted Sexual Violent Offenses Requiring Registration of Residence Address; parole conditions. .................................. 47, 506, 605, 630, 652, 656

INDEX

2317

SB 54--Charter Schools; performance based contracts; requirements; renewal. ................. 47, 195, 217, 238, 245, 1612, 1926
SB 55--Cardiopulmonary Resuscitation; effectuating orders not to resuscitate. 53, 647, 683, 762, 821, 827, 839, 841, 1216, 1547, 1870, 1877, 2131, 2159, 2310
SB 56--Dry Cleaning Solvent Wastes; corrective actions at hazardous sites. .................................................. 53
SB 57--Sexual Offenses Against Females Under Age 16; rape, child molestation, enticement for indecent purposes..................................... 54, 217, 234, 261, 274, 275
SB 58--Pistols, Revolvers; sales or purchases; state background check law; unlawful discharge by persons under influence of alcohol or drugs. ........... 54, 217, 234, 261, 275, 1610, 1622, 1649
SB 59--Pardons and Paroles Board; voting records; public inspection. ................................................... 54
SB 60--Alcoholic Beverages; possession of open container in vehicles. ....................................... 54, 110, 123, 136, 141
SB 61--Child Support; failure to pay; contempt proceedings; legal defense. ....................................................... 54
SB 62--RESA, Regional Educational Service Agencies; reorganize service areas. ............................................. 54
SB 63--Hearing Impaired Education; consolidate into single school for deaf. ............................................... 55
SB 64--At-risk Youth; school dropouts; after-school academic program grants. ......................... 55, 605, 628, 684, 702
SB 65--Driver's License; suspension; DUI offenses by persons under age 18. ............................................ 55
SB 66--DUI; evidence of intoxication; test results of 0.08 blood-alcohol. .............................. 55, 134, 156, 199, 203
SB 67--District Attorneys; retirement; spouse benefits coverage. ........................................................... 72
SB 68--Public Schools; home economics instruction to include parenting. ........ 55, 134, 156, 199, 204, 326, 453, 477, 510, 522
SB 69--Public Health Violations; injunction cases; appeals; enforcement. ............................. 56, 109, 123, 136, 142
SB 70--Emergency Medical Services; trauma victims; pre-hospital care. ................................................... 56
SB 71--American Heritage in Education; affirmations or documents; use of historic landmarks as facilities. ....................................... 72, 957, 989, 1073, 1116
SB 72--Firearms Protection for Minors Act; offense of criminal storage. ................................................. 56
SB 73--Minority Business Participation in State Contracts; bid opportunity. ............................. 56, 196, 217, 238, 260, 262
SB 74--Intercepting Private Communication Which Invades Privacy of Another. .............................. 56, 928, 960, 994, 1028
SB 75--Persons Handling Food; health certificates; wear gloves, hair nets. .............................................. 56
SB 76--Income Tax; exemption; employers hiring or training minors. .................................................... 57
SB 77--Juvenile Court Orders for Counseling; noncompliance punishment. ..................................... 57, 928, 960, 994, 1033
SB 78--Inmates; probation conditions; court ordered community service................................................... 57

2318

JOURNAL OF THE SENATE

SB 79--DUI; habitual violators; impound license plates; eliminate pleas; sentencing; minors, zero tolerance, curfew hours, seat belts. ........................... 57, 217, 234, 261, 276
SB 80--Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ........................................................ 57
SB 81--Serious Violent Felonies; prior convictions; limit granting of bail. ......... 58, 256, 297, 332, 452, 476, 480, 2088, 2096
SB 82--Employment, Education or Contracts; prohibit preferential treatment. .............................................. 58
SB 83--Students Enrolled Private Schools; advanced placement exam fees. ................................................ 58
SB 84--Sheriffs; qualifications to take office; peace officer certification. .......... 58, 134, 156, 199, 207, 327, 453, 477, 510, 530
SB 85--Electrolysis; permanent hair removal; regulation of electrologists. .................... 73, 96, 110, 125, 128
SB 86--Ad Valorem; property sold during taxable year; apportionment of taxes. ............................................. 73
SB 87--Abandoned Vehicles; lien foreclosures; judgment for attorney's fees. ................................ 73, 109, 123, 137, 143
SB 88--Tax Executions for Ad Valorem Property Taxes; consent to transfer. ................................................. 73
SB 89--Ad Valorem; tax executions; selling and transferring; lot blocks; notices; bids by land bank authorities. ............................ 73, 472, 507, 607, 608, 1423, 1954
SB 90--Education Department; eliminate food-processing program funding. ................................................... 73
SB 91--Firemen's Pension Fund; benefits; increase monthly pension. ................................................... 74
SB 92--Handicapped Parking Privileges; veterans awarded Purple Heart........................................................ 74
SB 93--Health Care Providers; peer review activities; confidentiality. ......................... 74, 134, 156, 199, 220, 221, 1622, 2092, 2131, 2145, 2164, 2203, 2310
SB 94--Plea of Mental Incompetency to Stand Trial; commitment of defendant. ........................................ . , . 74
SB 95--Health Care Providers; peer review; confidentiality of proceedings. ........................ 74, 87, 723, 757, 840, 852
SB 96--Environmental Assessment; sales of commercial, industrial facilities. ................................................. 74
SB 97--Proposed Bills Affecting Residential Housing Costs; impact statement. ............. 75, 296, 327, 453, 477, 630, 653, 664
SB 98--Driver's License; issuance to minors; school academic requirements. ...................... 75, 327, 450, 477, 762, 818
SB 99--East Point, City of; Library; inclusion Fulton County library system. ................................ 75, 156, 158, 446
SB 100--Nonpublic Postsecondary Education Commission; powers; tuition equalization grant funds. ....... 75, 195, 217, 238, 260, 263
SB 101--State Agencies; actions contesting agency rules; commencement. ............................................... 75
SB 102--Death Penalty Habeas Corpus Actions; procedural rules; filing. ........................................................ 81
SB 103--Banks, Financial Services; licenses; operational powers; expansion of facility locations; mergers; loans; check cashers. ......................... 81, 122, 135, 159, 163, 601
SB 104--Fishing; commercial boats; restrict issuance of new licenses. ..................................................... 81

INDEX

2319

SB 105--Guardians; financial power of attorney, naming

agent; statutory form. ................. 81, 449, 473, 730, 732, 1423, 1540,

1544, 1606, 1757, 1847, 2061, 2073, 2310

SB 106--Firearms; retail sale, transfer: purchaser

background records check. ........................................... 81

SB 107--Litter Control; criminal littering; fines

specified by state law. ............................. 81, 648, 683, 840, 850

SB 108--Municipal Environmental Courts; provide; litter,

dumping controls. ................................................... 82

SB 109--Handguns; pistols, revolvers; one purchase within 30-day period.

.82

SB 110--Witnesses; victims of crime; order of testimony;

presence at court. ........................ 82, 296, 327, 453, 477, 607, 617

SB 111--Crimes of Homicide, Feticide, Serious Injury

by Vessel; penalties. ................... 82, 123, 135, 159, 183, 1217, 2031

SB 112--Public Assistance; fraud; accepting ineligible

AFDC benefit payments. ............................................. 82

SB 113--Death Penalty Habeas Corpus Reform Act of

1995; enact. ........................... 82, 507, 605, 630, 631, 2096, 2110

SB 114--Victim Assistance Program Funding; Automated

Property Records. ................. 83, 217, 234, 261, 298, 301, 1518, 1688

SB 115--Family Violence; incident reports; contents; disclosure

to victim; entities represented on state

commission. .................. 83, 256, 297, 332, 452, 476, 483, 1612, 2090

SB 116--Natural Disasters; rebuilding or repairs;

deceptive trade practices. ................ 83, 135, 156, 199, 220, 221, 1798

SB 117--Family Violence Cases; superior court costs;

total sum of fee. ......................... 83, 256, 297, 332, 452, 476, 483

SB 118--DUI; persons under age 21; zero tolerance

of alcohol over .02 grams. ............................................ 83

SB 119--Public Assistance; AFDC grants; children required

attend school. ...................................................... 83

SB 120--Child Custody; parent visitation; findings

of family violence. ........................ 84, 256, 297, 332, 452, 476, 484

SB 121--DUI; eliminate accept plea of nolo contendere

to charges. ......................................................... 84

SB 122--Firearm Serial Numbers; computer database;

citizen 'Dial Gun Check'. ........................................... 210

SB 123--Indian Tribes; legal recognition; create indian

housing authorities. .............. 84, 97, 136, 233, 258, 299, 332, 452, 461

SB 124--Child Abuse; admissible testimony; statements

of child to another. ........................... 84, 256, 297, 332, 452, 476,

485, 1519, 1579, 1708, 1757, 1847

SB 125--Contact Lenses; sales or dispensing; written

prescriptions. ...................... 84, 233, 258, 299, 332, 452, 463, 1216

SB 126--Counties, Municipalities; contracts for regional

facilities. .................. 84, 196, 217, 238, 260, 298, 331, 452, 460, 1517

SB 127--Vehicles or Trailers; liens; exclusion; certain

rental agreement. ................................................... 85

SB 128--General Assembly; jointly sponsored bills,

resolutions; authorize. ............................. 85, 627, 649, 684, 701

SB 129--Insurers; auto, health, property; change certain

requirements. ................... 85, 122, 135, 159, 184, 1611, 2042, 2051

SB 130--Children; parent or guardian prohibited sell

or offer for sale. .............................. 88, 326, 450, 477, 653, 666

SB 131--Cellular Radio Telephones; intercepted communications;

unlawful use. ..................... 88, 217, 234, 261, 298, 303, 1605, 2094

2320

JOURNAL OF THE SENATE

SB 132--Development Authorities; directors; eligible appointees; audits. ....... 88, 134, 156, 200, 221, 222, 237, 238, 1771, 1951
SB 133--State Employees; political activities; grievance filing procedures. ............ 88, 835, 862, 896, 899, 904, 1605, 1649, 1654
SB 134--State and Local Government Partnership Act of 1995; enact. ................ 89, 233, 258, 299, 332, 452, 464, 1799, 2104
SB 135--Voting in Primaries; nominating political party candidates; ballots. ............................................ 89
SB 136--Property Deeds; recordation; inclusion of tax map and parcel number. ......................................... 89
SB 137--Telecommunications and Competition Development Act of 1995; enact. .......... 89, 326, 450, 478, 510, 512, 1423, 1499, 1509, 1596, 1600, 1701, 2169, 2179, 2310
SB 138--Corporations Administratively Dissolved; reinstatement conditions. ................................. 89, 450, 473, 761, 807, 1758
SB 139--Pardons and Paroles Board; public documents; actions and findings. ................................................ 89
SB 140--Sexual Offenses Against Children Under Age 16; rape, molestation. ........................ 90, 217, 234, 261, 298, 304
SB 141--Juvenile Courts; judge pro tempore; appointees from state court. ............................. 90, 217, 234, 261, 298, 306
SB 142--Insurers; surplus line placement; financial, solvency conditions. ................................................. 90
SB 143--Guardians; appointment in emergencies when ward needs medical care. ............................................ 90
SB 144--Agency Relationships; power of attorney documents; execution; filing. .................................................... 90
SB 145--Financial Power of Attorney; naming person to handle affairs................................... 90, 647, 683, 761, 769
SB 146--Guardians; appointment for incapacitated adults; change criteria. ................................... 91, 647, 683, 761, 770
SB 147--Guardians for Wards, Incompetent Persons; persons serving as counsel. ........................ 91, 647, 683, 730, 748
SB 148--Elections; qualifying dates; notices of candidacy; drug testing. .......................... 91, 605, 628, 684, 685, 1799, 1933
SB 149--Employees Retirement; benefits; members with 33 years of service. .................................................. 91
SB 150--State Agencies Proposing to Relocate Operations; economic impact............................................ 91, 959, 989
SB 151--Motor Vehicle Insurers; valid cancellations; notice procedure..................................................... 92
SB 152--Insurers; monetary penalties for violations; aggravating factors. ................................................. 92
SB 153--Used Car Dealers; sales or leases; disclose to purchaser other liens. .................. 92, 232, 258, 299, 332, 452, 464
SB 154--Inmates; parole conditions; offenses indicating alcohol, drug usage. ............................... 92, 605, 628, 730, 741
SB 155--Peace Officer and Prosecutor Training Fund; allocations; state and local officer training. . 92, 327, 450, 478, 653, 667
SB 156--Delinquent Acts Involving Designated Felonies; records, files, hearings; public access, notices; release of name. ............. 93, 296, 327, 453, 477, 511, 591, 1217, 1413, 1418, 1595, 1692, 1847, 2077, 2309
SB 157--Family Violence Intervention Program Within Correctional System; inmate counseling; condition of parole. ......................................... 93, 507, 605, 684, 705

INDEX

2321

SB 158--Persons With Disabilities; educational grants; use of lottery funds. ................................................. 93
SB 159--Offense of Contributing to Delinquency or Endangerment of a Minor. .................... 93, 217, 234, 261, 298, 307
SB 160--Felony Crimes; handling issues of mental competency to stand trial. .................................... 93, 605, 628, 684, 708
SB 161--Public Roads; property no longer needed; procedure for selling. ....................... 93, 326, 450, 478, 762, 813, 1747, 1936
SB 162--Polk County; Tax Commissioner; change compensation. 94, 196, 197, 319 SB 163--Firemen's Pension Fund; dual membership; Peace
Officers Benefit Fund. ............................................... 94 SB 164--Richmond County; ad valorem school taxes;
exempt senior citizens. .............................................. 94
SB 165--Branch-Banking; expansion; community banks within groups of counties. .................... 94, 232, 258, 299, 315, 318, 330, 453, 477, 498, 501
SB 166--Lumpkin County; Board of Education; election districts; reapportion. ................................. 94, 196, 197, 319
SB 167--Lumpkin County; Governing Authority; change from single commissioner to board. ..................... 94, 196, 197, 319
SB 168--Contractual Agreements; dispute resolution; arbitration; mediation. .............................................. 95
SB 169--Outdoor Advertising Signs; tree or vegetation cutting prohibited. .................................................. 95
SB 170--Historic Properties, Natural Habitats of Rare Plants or Animals; site specific information; disclosure restrictions. ................................ 95, 123, 135, 159, 185, 1605
SB 171--Use of Deadly Force in Self Defense; require every head of household maintain a rifle, shotgun or pistol. ............. 95
SB 172--Criminal Trials; witnesses, jurors; accepting money for information. ............................................. 103
SB 173--QBE; local fair share; retention of funds; increased student count. ................................... 103, 605, 628
SB 174--QBE; local fair share funds; alternative method to calculate. ....................................................... 103
SB 175--QBE; midterm adjustment amount relative training and experience. ............ 103, 506, 605, 630, 653, 665, 816, 839, 840, 870
SB 176--Dawson County; Board of Commissioners; creation; referendum. ........................................ 103, 196, 198, 1057
SB 177--Dawson County; Board of Education; election districts; reapportion. ............................... 103, 196, 198, 1057
SB 178--Jekyll Island State Park; undeveloped land; development restrictions. ........................................... 104
SB 179--Nonperpetual Care Cemetery; burial space; certificate of operation. ........................... 104, 506, 605, 684, 696
SB 180--Judgments; rate of interest; method to calculate; notice of rate. .................................... 104, 507, 605, 762, 817
SB 181--County Governing Officials; eligibility; educational requirements. ..................................................... 104
SB 182--Civil Actions; consolidation of actions; repeal consent of parties. ............................... 104, 647, 683, 762, 811
SB 183--Felony Crimes; arrest powers of sheriffs or police officers. ..................................................... 105
SB 184--Boards of Education; members; nonpartisan election without primary. ................ 105, 257, 297, 332, 452, 476, 486

2322

JOURNAL OF THE SENATE

SB 185--Insurers of Credit Transactions; vendors' collateral; licensing. ......................... 105, 195, 217, 238, 261, 264
SB 186--Firemen's Pension Fund; members; increase eligible firefighters. ................................................ 105
SB 187--Llama Activities; risk of injury warning signs; limit liability. ............................. 105, 507, 605, 839, 848, 1605
SB 188--Marriage and Family Therapists; licensure; training requirements. ........... 106, 326, 450, 478, 510, 511, 1216, 1400
SB 189--Elections; polling places; spouses occupying voting booth together. .............................................. 106
SB 190--Students; compulsory school attendance; earlier enrollment age. .................................................... 106
SB 191--Criminal Trials; witnesses, jurors; prohibit selling of information. ..................................... 106, 449, 473
SB 192--Elections; 1996 general primary and qualifying; change dates. ........................... 106, 257, 297, 332, 452, 476, 486
SB 193--Elections; amend provisions; primaries; qualifying; voting; returns. ........ 106, 257, 297, 332, 452, 477, 488, 1622, 1963, 1974
SB 194--Voter Registrars; change minimum compensation. ..................... 106, 257, 297, 332, 452, 477, 490, 510
SB 195--Health Networks and Plans Providing Services; access standards. ... 107, 216, 234, 261, 298, 331, 451, 457, 476, 653, 668
SB 196--High School Students; community service requirements. ............... 107 SB 197--Clayton County; Board of Education; partisan
primaries and elections. ................... 107, 196, 198, 447, 1342, 1344 SB 198--False ID; possession with intent to defraud
or deceive; penalties. ............................. 107, 450, 473, 762, 812 SB 199--Firefighters, Fire Departments; standards,
training; certification. .................. 107, 134, 156, 200, 221, 223, 1772
SB 200--Aquaculture Development Commission; membership; subcommittees. ........................ 107, 195, 217, 238, 261, 265, 1798
SB 201--Game Fish; named waters, streams; bait; hours; seasons; possession. ............. 108, 234, 258, 299, 316, 1719, 1773, 1786
SB 202--Surface and Ground Waters; withdrawal, diversion; permits for use. ....................... 108, 472, 507, 607, 616, 1772, 2026
SB 203--License Plates; special; WWII veterans who served Eighth Air Force. ..................... 115, 233, 258, 299, 331, 333
SB 204--State Employees; probationary period; working test period length. ..................... 115, 195, 217, 238, 261, 265, 2304
SB 205--Wildlife Conservation Fund; sale of special license plates. .......... 115, 196, 217, 238, 261, 267, 298, 300, 1758, 2086
SB 206--Public Safety Department; authority of commissioner; create special Auxiliary Service of State Patrol Uniform Division. ................ 115, 134, 156, 200, 221, 223, 1423, 2102
SB 207--Insurance Adjusters; licensure; exempt certain salaried employees. ......................... 115, 195, 217, 238, 261, 270
SB 208--Insurance Fraud; funding investigation and prosecution expenses. ....................... 116, 233, 258, 299, 331, 333
SB 209--Family Violence Victims; notice of offender release; resource information shall be provided by law enforcement, courts. ................................. 116, 296, 327, 453, 477, 510, 532
SB 210--Rape, Aggravated Sodomy; evidence; medical exam costs; marital relationship; victim information. ..................................... 116, 450, 473, 510, 525

INDEX

2323

SB 211--DUI; convicted drivers; issuance of distinctive, marked licenses. ........................ 116, 648, 683, 762, 816, 839, 843
SB 212--Teachers; instructional periods; class sizes; maximum students. ................................................ 116
SB 213--State Employees; wage incentive sanctions; abusive public behavior. ........................ 117, 958, 989, 1073, 1101
SB 214--Education Targeting At-risk Students; additional grant program. .................................. 117, 605, 628, 931, 935
SB 215--Local Government; property rezoning; reconsidering defeated actions. ................................. 117, 605, 628, 931, 936
SB 216--Local Government Fiscal Impact Act; compliance time period; hardship. ....................... 117, 257, 297, 332, 452, 477, 870, 877, 938, 1073, 1151
SB 217--Vehicles Performing Work on Street or Highways; flashing lights...................................................... 117
SB 218--Public School Personnel; decreases in local salary supplements. .............................. 117, 835, 862, 897, 913
SB 219--Child Custody; interference with visitation of noncustodial parent. .................................... 118, 507, 605
SB 220--Small Employer Health Benefit Plans; benefits, exclusions,coverages. .............................................. 118
SB 221--Superior Court; Conasauga Judicial Circuit; fourth judgeship. ................................. 118, 862, 894, 931, 933
SB 222--Inmate Reimbursement to Counties and Municipalities Act of 1995. ................................ 118, 233, 258, 299, 331, 336
SB 223--Mental Health Care Providers; evidence; privileged communications. ...................... 118, 449, 473, 510, 528, 1518, 1975
SB 224--Real Estate Loans; securing long-term note; intangible recording tax. .......... 131, 449, 473, 607, 612, 630, 1423, 1510
SB 225--District Attorneys; Retirement System; retirees; private criminal law practice. .................................. 131, 197
SB 226--Counties; expenditure of funds; prohibited employee cash benefits. ........................... 131, 450, 473, 870, 876
SB 227--Child Support Recovery; noncomplying professional business licensees. .......................... 132, 217, 234, 261, 298, 307
SB 228--Inmates; education; special school district for youth; training for adult offenders. ........ 151, 233, 258, 299, 331, 336
SB 229--Juveniles Convicted as an Adult; housing in youth confinement unit. .......... 151, 233, 258, 299, 331, 337, 2140, 2156
SB 230--Sentencing of Persons to Probation Diversion or Detention Centers. ...................... 151, 605, 628, 684, 698, 1216
SB 231--Civil Practice; venue and jurisdiction over nonresident defendants. .......................... 152, 507, 605, 762, 815
SB 232--Beauty Pageants; contests; prizes are offered; notices; bonds. .............................. 152, 233, 258, 299, 331, 338
SB 233--Genetic Testing; information derived; disclosure violations. .................................. 152, 233, 258, 299, 331, 339
SB 234--Witnesses; spousal testimony in certain criminal proceedings. ............................ 152, 256, 297, 332, 452, 477, 490
SB 235--Charter Schools; contracts for a special school; criteria; procedure. ................................................. 152
SB 236--Smoking, Using Tobacco Products in Places of Employment Prohibited. .......................................... 153
SB 237--Health Care Insurers; rights of participating providers in disputes. .............................................. 153

2324

JOURNAL OF THE SENATE

SB 238--Auto Liability Insurance; dishonored check; cancellation of coverage. ..................... 153, 233, 258, 299, 331, 441
SB 239--Governor's Council on Developmental Disabilities; creation. .............................. 153, 326, 450, 478, 511, 595, 1348
SB 240--Random Drug Testing; certain elected state officers; procedures. ................................................ 153
SB 241--Counties of 500,000 or More; contracts; procurement methods. ............................. 154, 328, 648, 683, 726, 1708, 1925
SB 242--Bank Certificates of Deposits; local governing bodies investments. ......................... 190, 232, 258, 299, 331, 442
SB 243--Mortgages Duly Recorded on County Land Records; notice to purchasers. ....................... 190, 450, 473, 630, 660, 1348
SB 244--Environmental Laws; noncompliance; factors; trade secrets in reports. .......................... 190, 472, 507, 607, 612
SB 245--Motor Vehicles; owner registration; 12-month staggered period. .................................................. 190
SB 246--Child Custody; granting visitation rights to noncustodial parent. ......................... 190, 958, 989, 1073, 1095
SB 247--Surviving Children of Veterans or National Guard; educational grants. ....................... 191, 927, 960, 994, 1043
SB 248--Byron, City of; Corporate Limits; addition of certain territory.................................... 191, 234, 236, 446
SB 249--Legal Services; cause of action for false advertising; damages. ............................ 191, 507, 605, 653, 673
SB 250--Driver's License; exemption; student driver training; eyesight test. ........... 191, 327, 450, 478, 761, 806, 1424, 1717
SB 251--Vehicle Emission Inspection Stations; centralized testing prohibited. ................................... 191, 756, 836, 931
SB 252--Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ............................................ 191
SB 253--Fraudulent Issuance of Personal ID Cards; untruthful identification. ................ 192, 257, 297, 332, 452, 477, 492
SB 254--Atlanta Urban Enterprise Zones; reduce minimum acreage requirement. ...................... 192, 236, 472, 474, 1170, 1952
SB 255--Delinquent Children; malicious property damage; parent liability. .................................. 210, 647, 683, 762, 814
SB 256--Georgia Policy Council for Children and Families Act; enact. ........................... 211, 647, 683, 730, 742, 1518, 1957
SB 257--Court Bailiffs; compensation; increase maximum per diem. ................................. 211, 450, 473, 839, 845, 1611
SB 258--Clayton County; Tax Commissioner; deputy commissioner salary. .......................................... 211, 257, 259, 675, 712
SB 259--Clayton County; Superior Court; deputy clerk; compensation; benefits. ........................... 211, 257, 259, 675, 713
SB 260--Clayton County; State Court; deputy clerk; compensation; benefits. ........................... 211, 257, 260, 675, 715
SB 261--Clayton County; ad valorem school taxes; exempt elderly residents. .................................... 211, 257, 260, 599
SB 262--Medical School Loans; facilities where services rendered repay loans. ............................ 211, 723, 757, 839, 850
SB 263--Paralympic Games; issuance of special license plates; fees. .................... 212, 326, 450, 478, 607, 1216, 1340, 1341
SB 264--Superior Court; Cobb Judicial Circuit; eighth judgeship. ....................................... 212, 862, 894, 931, 934
SB 265--Driver's License; applicant exam, tests written in English language. ...................................... 212, 723, 757

INDEX

2325

SB 266--Georgia Indian Affairs Commission; create. ........................... 212 SB 267--Waste-water; sludge residue; disposal sites
located other counties. .............................................. 212 SB 268--Sexual Harassment in Work Environments; prohibitions;
posting signs. ...................................................... 213 SB 269--Pawnbrokers; advertising restrictions; failure
to secure firearms. ................................................. 229 SB 270--Zoning Actions Impacting Neighboring Counties;
review procedures. ................................................. 230 SB 271--Optometrists; permissible pharmaceutical agents;
oral analgesics. ............................ 230, 472, 507, 684, 693, 1347 SB 272--Trials; felony cases; witnesses; disclosure
of personal information. .......................... 230, 648, 683, 870, 876 SB 273--Morrow, City of; ad valorem taxes; increase
exemption amount. ............................... 230, 327, 329, 330, 622 SB 274--Food Service Establishments; permits; food
safety training. .................................................... 230
SB 275--Public Employees Labor Relations; collective bargaining procedures. ............................................. 252
SB 276--Municipal Probation Systems; collection of delinquent fines. ............................ 252, 450, 473, 630, 652, 661
SB 277--Civil Actions; executions; written notice of levy on land. .................................................... 252
SB 278--Superior Court; Alcovy Judicial Circuit; third judgeship. ..................................... 252, 958, 989, 1074, 1147
SB 279--Appellate Court; temporary assistance; senior justices and judges. ............................. 252, 648, 683, 730, 1348
SB 280--Motor Vehicles and Mobile Homes; staggered time for payment of taxes. ...... 253, 682, 725, 761, 773, 792, 806, 839, 842
SB 281--Teachers, Other Professional Personnel; employment; vacancies; performance evaluation policies; disciplinary actions. .............................. 253, 835, 862, 896, 904, 2150, 2280
SB 282--Students Enrolled Private Schools; payment of AP exam fees. ................................. 253, 892, 929, 962, 964
SB 283--Court Reporters; depositions; testimony in nonstenographic form. ............................ 253, 507, 605, 684, 707
SB 284--Odometers; tampering; consumer transactions; federal regulations. .................... 290, 506, 605, 630, 652, 663, 2304
SB 285--Felony Crimes; repeat offenders; ineligible Probation Boot Camp. ............................ 291, 646, 683, 870, 873
SB 286--Workers' Compensation; group self-insurance funds; revise provisions. .... 291, 472, 507, 607, 620, 1518, 1723, 1735, 1865
SB 287--State Patrol; radio operators, license examiners; retention of badge. .......................... 291, 327, 450, 478, 653, 672
SB 288--Commercial Motor Vehicles; operator disqualifications. ............................ 291, 327, 450, 478, 730, 731
SB 289--Property Insurers; fair access to insurance requirements; FAIR plan. ................... 291, 472, 507, 630, 631, 1348
SB 290--Child Support; computation; gross income and special circumstances. .............................................. 292
SB 291--Professional Practices Commission; members; expense reimbursement. ............................................ 292
SB 292--Juvenile Court Judges; judicial training seminar; certification. .................................... 292, 928, 960, 994, 1041
SB 293--Georgia Information Technology Policy Act of 1995; enact. ........................ 292, 628, 649, 684, 687, 1869, 1885

2326

JOURNAL OF THE SENATE

SB 294--Professional Practices Commission; hearings involving educators. .............................. 292, 835, 862, 896, 905
SB 295--Technology Related Assistance for Individuals with Disabilities Act. ............................................... 293
SB 296--Teachers, Other School Personnel; fraudulent credentials; penalties. .......................... 293, 957, 989, 1073, 1131
SB 297--Revenue Bonds; maturity date; limitation of term of project financed. ............................................ 293
SB 298--AFDC Child Recipients; LEARNFARE pilot program; school attendance. ............................... 293, 472, 507, 607, 609
SB 299--Private Industry; reemployment rights; absence due military service. ............................. 293, 471, 507, 761, 768
SB 300--Pharmaceutical Drugs; pricing; restrict government purchases. ........................................................ 294
SB 301--Workers' Compensation; benefits; false statements to obtain; penalty. ................................................. 321
SB 302--Junkyards, Salvage Yards; location; screening; actions against owner. ..................................... 322, 893, 929
SB 303--Land Surveyors; damage actions against; period of limitation. ...................................................... 322
SB 304--Macon Water Commissioners-Pension Plan; retirees; increase benefits. .................................................. 322
SB 305--Nonpublic Postsecondary Education Commission; change organization. ....................... 447, 647, 683, 730, 737, 1612
SB 306--Superior Court; Western Judicial Circuit; third judgeship. ................................ 447, 928, 960, 1074, 1146
SB 307--Adoption Decrees; time period for judicial challenge. ............................ 447, 723, 757, 839, 848, 2138, 2150
SB 308--Investment of Funds by State Entities; permitted investments........................................................ 448
SB 309--Prescribed Drugs; generic substitution; therapeutic equivalence. ..................................... 448, 723, 757, 839, 845
SB 310--MARTA; board of directors; chairman, members; compensation. ................................. 448, 959, 989, 1073, 1098
SB 311--Trial Juries; Jury Power Restoration Act. ............................ 448
SB 312--Branch-Banking; establishment at any location within state........................................................ 469
SB 313--Capital Felonies; death penalty cases; sentencing jury unable render verdict; trial expenses, reimbursement to counties. ....................... 469, 893, 929, 962, 971
SB 314--Business or Occupation Taxes; local levy; classification criterion............................................... 469
SB 315--Georgia Youthbuild Program; employment skills training; apprenticeships. ......................... 503, 893, 929, 961, 962
SB 316--Trade Secrets; redefine; include information on customers, suppliers. ........................ 503, 958, 989, 1073, 1097
SB 317--School Facilities; local building permit, inspection fees; exemption. ................ 503, 957, 989, 1073, 1100, 1798
SB 318--Vehicles; excess weight, loads; single-trip emergency permits. ........................ 503, 724, 757, 840, 851, 1758
SB 319--Outdoor Advertising Signs on Public Roads; redefine terms, policy. ..................................... 503, 724, 757
SB 320--Speed Limits; approval by DOT Traffic Operations; detection devices. .......... 503, 725, 757, 839, 849, 1622, 1911, 1916, 2158
SB 321--Highways; outdoor advertising; tree trimming permits; fees. ...................................................... 504

INDEX

2327

SB 322--Rail Passenger Authority Law; projects; regional or state-wide plan. ................................................. 504
SB 323--Workers' Compensation; benefits; fraudulent claims, advertisements; corporate exemptions; subrogation liens; compensable cases. .............. 504, 627, 649, 684, 694
SB 324--School Facilities; reading, posting documents of history or heritage. .................... 504, 957, 989, 1073, 1076, 1082
SB 325--Superior Court; Augusta Judicial Circuit; additional judgeship. ........................... 504, 958, 989, 1073, 1132
SB 326--Workers' Compensation Assigned Risk Insurance Plan; rate standards. ....................... 504, 682, 725, 761, 765, 1347
SB 327--Abortion; Woman's Right to Know Act; informed consent. ........................................................ . . 505
SB 328--Cobb County-Marietta Water Authority; members; appointment; terms. ............................ 505, 757, 759, 1708, 1949
SB 329--Capital Felonies; death penalty cases; sentencing, deadlocked juries. ......................................... 505, 958, 989
SB 330--Insurance Licensing Testing Services; agreements; charges. ........................................................... 601
SB 331--Workers' Compensation; temporary help contracting firms or employee leasing companies. ........ 601, 723, 757, 840, 855, 1348, 1408
SB 332--Corporations; insurance; acquisitions, mergers; financial interests. .................... 601, 836, 862, 896, 909, 1518, 1938
SB 333--Employment; probationary period; terminating permanent employees. .............................................. 602
SB 334--Motor Vehicle; liability of accident damages; coverage required. ................................................. 602
SB 335--Product Packaging; require biodegradable or recyclable containers. .............................................. 602
SB 336--Fulton County; Motor Vehicle Racetracks; siting within residential neighborhoods. ..................... 602, 836, 838, 1707
SB 337--Legislative Information; public distribution through GeorgiaNet. ................................. 624, 724, 757, 870
SB 338--Ad Valorem Tax Delinquent Properties; foreclosure sale; procedures. ............ 624, 682, 725, 762, 810, 839, 1622, 1786, 1794
SB 339--Mental Health Community Service Boards; funding allocations. ........................................................ 624
SB 340--Elections; county, municipal officers; term limitations. ........................................................ 624
SB 341--Offense of Simple Battery Involving Family Violence; 3rd conviction. .......................... 624, 862, 894, 931, 938
SB 342--Construction Industry Licensing Board, Roofing Contractor Division. ................................................ 625
SB 343--Secretary of State, Office of; powers; agency rules or regulations. ............................. 625, 929, 960, 994, 1050
SB 344--Fulton County; Library System; board of trustees; membership. ...................................................... 625
SB 345--Rockdale County; Magistrate Court; county law library fees. .................................... 642, 757, 760, 1421
SB 346--License Plates; special; retention by retired military reservists. .............................. 642, 927, 960, 994, 1048
SB 347--Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ................................ 642, 927, 960, 994, 1045
SB 348--Child Custody; considerations in determining best interest of child. ............................................... 642

2328

JOURNAL OF THE SENATE

SB 349--Gilmer County; Board of Commissioners; composition; three-member board; referendum. .................... 642, 757, 759, 1215
SB 350--Augusta-Richmond County Commission-Council; consolidation. ...................................................... 643
SB 351--Structural Pest Control Businesses; licensure; applicant exams. ................................. 643, 835, 862, 896, 897
SB 352--Augusta, City of; Corporate Limits; change boundaries. ........................................................ 676
SB 353--Indemnification of Public Officers; compensable claims; applications; include certain national guard members. ............................ 677, 835, 862, 896, 898, 1610, 1943
SB 354--Reemployment Rights of National Guard Members Called Active Service. ...................... 677, 835, 862, 896, 898, 1517
SB 355--Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ............................................ 677
SB 356--State Employees; grievances; uniform four-step filing procedures. ........................ 677, 960, 989, 1074, 1135, 1139
SB 357--Clayton County; Probate Court; judge; change compensation. ...................................... 677, 836, 838, 1057
SB 358--Clayton County; Board of Commissioners; change compensation. ...................................... 677, 836, 838, 1057
SB 359--Cemetery Owners; failure to maintain property or burial merchandise. .................. 678, 893, 929, 962, 965, 993, 995
SB 360--Retail Motor Fuel Outlets; signs indicating no rest room facilities. .............................................. 678
SB 361--Telephone Classified Advertising Directories; deceptive solicitation. ..................... 678, 927, 960, 993, 1025, 1798
SB 362--Tuition Equalization Grants at Professional or Business Schools................................................. 678
SB 363--Higher Education; student financial aid loan programs; administration of; grants to surviving children of certain veterans. ................... 678, 836, 862, 897, 911, 2141, 2189
SB 364--Rockdale County; Board of Elections and Registration; creation. ........................................... 679, 757, 759, 1421
SB 365--Grandparent Visitation Rights; disputes; guardian ad litem; mediator. ................................................. 679
SB 366--Council for Civic Renewal; intergovernmental resources coordination. ................... 679, 958, 989, 1073, 1084, 1108
SB 367--Chiropractors; qualifications; examinations; temporary licenses. ........................ 679, 893, 929, 962, 977, 1517
SB 368--Rehabilitation Counselors; licensure; exemption; national certification. ............................................... 679
SB 369--Vehicle Accidents; commercial solicitation of victims prohibited. ............................. 719, 862, 894, 931, 935
SB 370--MARTA; board of directors; members representing State; designee. ................................. 719, 929, 960, 994, 1032
SB 371--Whitfield County; Board of Commissioners; staggered terms; referendum. ........................ 719, 757, 759, 1057
SB 372--DeKalb County; Board of Commissioners; agenda for meetings; contracts. ............................................. 719
SB 373--Individual Medical Care Savings Accounts and Trusts; establishment. .............................................. 719
SB 374--Farmers and Consumers Market Bulletin; soliciting contributions for. ..................... 720, 861, 894, 931, 939, 1348, 1398
SB 375--Water Pollutants; construction activities; soil erosion controls. ................. 720, 928, 960, 994, 1036, 1519, 1654

INDEX

2329

SB 376--Fulton County; Office of County Manager; creation. ................... 720 SB 377--Chairlifts Located Buildings of Nonprofit
Organizations; exemption. .................. 720, 835, 862, 897, 912, 2304 SB 378--Public Assistance; AFDC parent; income considerations;
man in house. ..................................................... 752 SB 380--Public Assistance; AFDC recipients under age
18; live parent's home. ....... ..................................... 752 SB 381--Public Assistance; estimated costs; survey
and statistical summary. ........................................... 752 SB 382--AFDC Benefits; when birth of a child disqualifies
additional money. .................................................. 752 SB 383--AFDC Money Payments Terminated After Certain
Date; work incentive. ............................................... 753 SB 384--AFDC Recipients; participation in Work for
Welfare Program required........................................... 753
SB 385--Dams Operated by Federal Agencies; safety inspection exemption. ................ 753, 928, 960, 994, 1034, 2138, 2154
SB 386--Theft; misdemeanor shoplifting; increase maximum property value. .................................................... 753
SB 387--Southern Regional Emergency Management Compact; enact. ......................................... 753, 958, 989, 1073, 1102
SB 388--AFDC Recipients; employment incentive; PEACH Program support service. ........................................... 753
SB 389--Dental Hygienist Working in Nursing Homes, Hospitals; supervision of. ........................................... 754
SB 390--Augusta-Richmond County Commission-Council; unification of powers. ............................................... 754
SB 391--Harris County; Probate and Magistrate Court Judges; nonpartisan election. ........................ 830, 893, 895, 1170
SB 392--Sex Education Courses; parental consent; duty of local school boards. .............................................. 831
SB 393--Mortgage Lenders; residential property; interest on escrow accounts. ................................................ 831
SB 394--Revenue Agents, Enforcement Officers; retention of weapon and badge. .......................... 831, 959, 989, 1074, 1146
SB 395--Disabled, Elderly Adults Believed Exploited by a Caretaker; reports. ............................................ 859
SB 396--Offense of Contributing to Delinquent Acts of a Minor; penalties. ........................... 859, 959, 989, 1074, 1141
SB 397--Family Violence; redefine offenses; victim review of incident report. ....................... 859, 958, 989, 1074, 1140
SB 398--Cartersville, City of; ad valorem; school tax exemption. ...................................... 859, 989, 991, 1421
SB 399--Rockdale County; Board of Commissioners; purchases; bids; advertisements. .............................. 859, 1068, 1069, 1421
SB 400--Lottery for Education; fidelity fund to cover retailer losses. ........................... 860, 957, 989, 1073, 1082, 1758
SB 401--Rockdale County; Board of Commissioners; director of finance; appointment. ........................... 860, 1068, 1070, 1422
SB 402--Henry County; Board of Elections; creation. ......... 860, 1068, 1070, 1422 SB 403--Notaries Public; execution of performance
bonds; amount. .................................................... 884 SB 404--Georgia Institute for Community Business Development;
establishment. ... 884, 960, 989, 1072, 1074, 1075, 1083, 1887, 1906, 1911 SB 405--Federal Regulatory Mandates Upon State Resources;
state policy. ....................................................... 884

2330

JOURNAL OF THE SENATE

SB 406--Inmates; crimes committed while in prison; service of sentences. ............................ 884, 959, 989, 1074, 1144
SB 407--Private Companies; contracts for public services; competitive system. ................................................ 885
SB 408--Bankruptcy; interest on claims; contracts for certain secured loans. ................. 885, 958, 989, 1073, 1111, 2304
SB 409--Chiropractors; scope of practice; order magnetic resonance studies. ................................................. 885
SB 410--Delinquent, Unruly Children; disposition of a nonresident child. ............................ 885, 958, 989, 1073, 1099
SB 411--License Plates; special; issuance for retired military reservists. ............................. 885, 927, 960, 1074, 1149
SB 412--Lithia Springs, City of; Corporate Limits; exclude any portion of City of Austell. ............................... 885
SB 413--Powder Springs, City of; Corporate Limits; change. ........................................................... 886
SB 414--Austell, City of; Official Map of the Corporate Limits and Boundaries. ...................... 886, 1221, 1224, 2303
SB 415--State Railroad Museum; Central of Georgia Railroad Shops; Savannah. ..................... 886, 960, 989, 1074, 1144
SB 416--Volunteer Fire Departments; formation of nonprofit corporations. ...................................................... 886
SB 417--Health Care Policy Contrary Certain Beliefs; alternative selections. .......................... 886, 958, 989
SB 418--Trade Secrets; offense of theft; definitions; penalties; litigation. ............................ 917, 959, 989, 1073, 1109
SB 419--Griffin-Spalding County Charter and Unification Commission; creation. ............................. 917, 1175, 1178, 1517
SB 420--Offense of Disorderly Conduct and Offense of Harassing Phone Calls. ...................... 918, 958, 989, 1073, 1109
SB 421--Civil Cases Involving Injury or Disease; evidence; medical reports. ................................................... 918
SB 422--Municipalities; alcoholic beverage licensees; residency requirement. ............................................. 918
SB 423--Child Support; orders to maintain life insurance to benefit child. ................................ 918, 958, 989, 1074, 1134
SB 424--Richmond County; Board of Elections and Registration; provide for. ........................................................ 918
SB 425--State Park Facilities; sublease Maple Creek site, West Point Lake. .............................................. 919
SB 426--Retail Businesses; payment of royalties for using copyrighted music. ........................................... 919
SB 427--Nuclear Power Plant Owners; decisions to ban employee of contractor. ............................................. 919
SB 428--School Systems, Local Authorities; multiyear contracting powers. ................................................ 919
SB 429--Teachers; certificated personnel; exemption; certain written testing. ............................................. 919
SB 430--Thunderbolt; town council; powers; municipal officers, employees. ... 919, 1068, 1070, 2164, 2181, 2200, 2209, 2274, 2275
SB 431--Correctional Industries; inmate labor; public and private assignment. ............................................ 920
SB 432--HOPE Scholarship; qualifying students; public assistance recipients. ............................................... 920
SB 433--DeKalb County; DeKalb Memorial Stadium Authority Act; enact. .................................. 920, 1068, 1070, 1071, 1418

INDEX

2331

SB 434--State Courts; enforcement of judgments; deferred partial payments. .............................. 920, 959, 989, 1074, 1140
SB 435--County Juvenile Detention Employees; transferees; retirement. ........................................................ 920
SB 436--MARTA Vehicles; liability for injured riders; medical insurance. ............................. 920, 960, 989, 1073, 1110
SB 437--Greene County; Board of Commissioners; compensation; reimbursements. .................................... 921, 989, 991, 1422
SB 438--License Plates; special; motorcycles; handicapped persons; antiques. .............................. 921, 958, 989, 1073, 1111
SB 439--State Employees; Retirement System; creditable service; out-of state service. ......................................... 921
SB 440--Motor Vehicle Repair Shops; customer rights; cost estimate, charges. ............................................. 921
SB 441--Workers' Compensation; medical services providers; billing errors. ...................................................... 921
SB 442--Tidewaters and Navigable Waters; permits for structures; time period. ............................................. 921
SB 443--DUI; nonresident offender; increased fines in lieu community service. .......................................... 922
SB 444--Evidence; admissibility of videotapes; vehicle or traffic violations. ................................................ 922
SB 445--Grants to Local School Systems from Lottery for Education Account. ............................................. 922
SB 446--Public Assistance or Food Stamps; overpayments; fair hearings; ineligible future benefits. .......... 922, 958, 989, 1073, 1085
SB 447--Local Government; Budgets and Auditing Procedures; statutory construction. ............................................ 922
SB 448--Insurance; coverage of personal property changing in its specifics. ..................................................... 922
SB 449--Senatorial District 33; change composition. ........................... 922
SB 450--Marietta, City of; Corporate Limits; deannex area; Marble Mill Road. ........................... 923, 1068, 1070, 1578
SB 451--State Agencies; proposed rule adoption; prohibit during certain time. ...................... 923, 958, 989, 1073, 1113, 1114
SB 452--Georgia Board of Athletic Trainers and Massage Therapists; create. ................................................. 923
SB 453--Augusta, City of; Corporate Limits; annex certain territory; referendum. ....................................... 952
SB 454--Peace Officers; retirees of local agencies; carrying of pistols. ................................................. 952
SB 455--Clayton County; Ad Valorem; county and school millage rate; repeal 1990 Act. ...................... 952, 1068, 1070, 1517
SB 456--Decatur School District Taxes; exempt persons 80 years or over. .................................. 953, 1068, 1069, 1422
SB 457--Baldwin County; State Court; specify terms of the court. ...................................... 953, 1068, 1069, 1422
SB 458--Tybee Island, City of; New Charter; boundaries; city manager; referendum. ......................... 953, 1068, 1069, 1422
SB 459--Bartow County; Board of Education; election districts; change composition. ............................ 984, 1221, 1223
SB 460--Telephones; specialized telecommunication TDD devices; distribution. ...................................... 984
SB 461--Cobb County; Office of Tax Commissioner; chief clerk, executive secretary; salary. .............. 985, 1353, 1359, 1708, 1948

2332

JOURNAL OF THE SENATE

SB 462--Superior Court; Toombs Judicial Circuit; local salary supplement. ............................... 1061, 1353, 1359, 2304
SB 463--Laurens County; board of education; election districts; redraw lines. ............................ 1061, 1221, 1224, 1707
SB 464--East Dublin, City of; corporate limits; annex additional area. .................................. 1061, 1354, 1362, 1707
SB 465--Real Estate; appraisal reports; reviews; conflicts of interest. ....................................................... 1061
SB 466--Superior Court; Alcovy Judicial Circuit; salary supplement. ..................................... 1061, 1353, 1359, 1707
SB 467--Habersham County; Water and Sewerage Authority; membership; quorum. ............................ 1171, 1353, 1359, 1707
SB 468--Pierce County; Probate Court; judge; nonpartisan nomination and election. .......................... 1171, 1353, 1359, 2303
SB 469--Pierce County; Board of Education; members; nonpartisan nomination and election. .............. 1171, 1353, 1359, 2303
SB 470--Pierce County; Magistrate Court; chief magistrate; nonpartisan nomination, election. ................. 1171, 1353, 1360, 2303
SB 471--Brantley County; Probate Court Judge, Chief Magistrate; nonpartisan elections. ................. 1171, 1353, 1360, 2303
SB 472--Rockdale County; Water and Sewerage Authority; creation. ........................................ 1171, 1353, 1360, 1707
SB 473--Forsyth County; Ad Valorem Tax; homestead
exemption based age, income; referendum. ......... 1172, 1353, 1360, 1707 SB 474--Social Circle; mayor, council; election districts;
term; qualification. ............................... 1217, 1428, 1430, 2303
SB 475--Cobb County; Superior Court; chief judge; salary supplement...................................... 1218, 1428, 1430, 2303
SB 476--School Buses Employed Atlanta Public Schools; passenger seat belts. ................................... 1218, 1428, 1431
SB 477--Tybee Island, City of; Corporate Limits. ............ 1349, 1524, 1529, 2303
SB 478--Cobb County; Juvenile Court; judges; compensation;
designation of second judge.................. 1349, 1525, 1529, 1946, 2029

INDEX

2333

SENATE RESOLUTIONS

SR 1--Federal Mandates; Georgia Sovereignty Resolution of 1995. ..................................... 58, 196, 217, 238, 261, 271
SR 2--Amend Constitution; public officers; term limitations. .......... Prefiled. 39 SR 3--Amend Constitution; local officials; term limitations. ........... Prefiled. 40 SR 4--Amend Constitution; Public Initiative Petition
Process. .................................. 40, 862, 894, 1073, 1108, 1122 SR 5--Senate; Rules; adopt for 1995 Session. ................................ 16 SR 6--Notify House of Representatives; Senate convened. ..................... 17 SR 7--Senate; Officials, Employees, Committees for
1995 Session. ....................................................... 17 SR 8--Notify Governor; General Assembly convened. ..................... 18, 33
SR 9--General Assembly; joint session; Inauguration escorts. ..................................................... 18, 24, 33
SR 10--Colquitt County High School Football Team; commend. ..................................................... 18, 101
SR 11--Senate; Rules; amend; standing committee chairman; term limits. ........................................................ 18
SR 12--Designate; J.L. Turner Bridge, Macon County; William E. Ireland Youth Development Campus, Milledgeville. ..................... 40, 327, 450, 478, 511, 596, 1719, 1755
SR 13--Macon County; Mennonite Community Disaster Service; commend. ............................................. 43, 135
SR 14--Music Industry Interim Study Committee; Citizen's Advisory Council. ................................. 40, 757, 836, 870, 874
SR 15--Designate; Charles Hardy Parkway; Paulding County. ................................ 40, 327, 450, 478, 511, 597, 1519
SR 16--Jolly, Lee; Cedartown High School Football Team; commend. .................................................... 43
SR 17--Boozer, Kevin; Cedartown High School Football Team; commend. .................................................... 43
SR 18--Etowah Mounds; authorizing Henry Tumlin Family commemorative marker. ......................... 40, 76, 86, 99, 100, 1519
SR 19--Property Conveyance; confirm ownership of armory site; Cartersville. ....................... 40, 216, 234, 261, 298, 308, 1519
SR 20--Amend Constitution; special purpose county sales tax; proceeds sharing; education projects. .......... 41, 326, 450, 478
SR 21--May, Kathryn; National Conservation Teacher of Year; commend. .................................................. 43
SR 22--Glenn Memorial United Methodist Church 75th Anniversary; recognize. .............................................. 43
SR 23--Amend Constitution; public initiative petition process. ............................................................ 41
SR 24--Amend Constitution; General Assembly elect State Board of Education; board appoint State School Superintendent. . . . 41
SR 25--Amend Constitution; schools with student academic deficiencies below minimum standards; state to manage. 41, 326, 450, 478
SR 26--Amend Constitution; Appropriations Act Previously Enacted; prohibit amendments increasing expenditures. ................ 41
SR 27--Senate; Rules; amend; distribution of bills and resolutions...................................................... 47
SR 28--Amend Constitution; local government debt limitations. ....... 42, 472, 507 SR 29--Year of the Family in Georgia; designate 1995. 42,134,156,200,221,224

2334

JOURNAL OF THE SENATE

SR 30--Amend Constitution; General Assembly and other elected officers; term limitations. ................... 48, 109, 123, 137, 144
SR 31--Zeier, Eric; UGA Outstanding Student-athlete; commend ............... 43
SR 32--Owens, Odell, Jr.; Polk County; commend ............................. 43
SR 33--Mt. Zion Baptist Church 150th Anniversary; commend ................. 43 SR 34--Amend Constitution; state-wide election of
State Board of Pardons and Paroles. .................................. 48
SR 35--Amend Constitution; General Assembly; four-term limitation. .......................................................... 48
SR 36--Amend Constitution; General Assembly; term limitations; six terms. ............................................... 48
SR 37--POW Flag; urge display by cities and counties. ... 48, 96, 110, 136, 138, 197 SR 38--First Baptist Church of Cartersville; commend ....................... 60
SR 39--Term Limitations; General Assembly, Congress, certain state officers; amend Constitution. ............................. 48
SR 40--MARTA Overview Committee; update Senate committee designations. ...................... 49, 327, 450, 478, 607, 616
SR 41--Shipp, Bill; commend. .......................................... 60, 650 SR 42--Oconee County Clean and Beautiful Commission; commend ............. 60
SR 43--Smoke-Free Class of 2000; commend ......................... 60, 110 SR 44--Designate; Arthur Langford, Jr., Memorial Parkway;
Atlanta. .................................... 49, 682, 725, 761, 762, 1758
SR 45--Langford, Arthur, Jr.; Former State Senator; condolences to family. .......................................... 60, 535
SR 46--Amend Constitution; state budget; requiring 50% for education. .................................................. 59
SR 47--Brinson, Mrs. Sarah Eugenia Lipham, 100th Birthday; commend. .......................................................... 60
SR 48--Tennyson, Nancy; Mental Health Community Service Award; commend. ............................................... 60, 80
SR 49--Thomas County Central High School Football Team; commend. ............................................... 60, 110
SR 50--Roland, Carl E.; Outstanding Mental Health Professional; commend. .......................................... 60, 80
SR 51--Benefield, Arthur of East Point; regrets at his passing. ........................................................ 60
SR 52--Lewis, William J. (Josh); Young American Medal for Bravery recipient. .......................................... 60, 110
SR 53--Rented Property; tenants' possessions; Eviction Law Study Committee. ............................ 75, 893, 929, 962, 963
SR 54--Carpet for Comfort Project Benefiting 1994 Flood Victims; commend. ....................................... 79, 630
SR 55--Prenuptial Counseling of Marriage Partners; encourage and promote. ............................................. 79
SR 56--Senate; Rules; amend; committees holding bills or resolutions 10 days. .............................................. 76
SR 57--Ambulances; irresponsible 911 emergency calls; committee to study. .............................. 76, 893, 929, 962, 978
SR 58--Southwell, Judge J.W. of Sumter County; commend. ................... 87 SR 59--Massee Lane Gardens, American Camellia Society;
commend. .......................................................... 87
SR 60--Amend Constitution; Initiative Petition and Referendum Process. ................................................ 85
SR 61--Amend Constitution; taxes, fees, assessments imposed by General Assembly; required vote. ........ 85, 122, 135, 159, 186
SR 62--Brooks County High School Football Team; commend. ............. 87, 110

INDEX

2335

SR 63--Amend Constitution; enterprise zones; separate

property tax treatment. ............................................. 86

SR 64--Amend Constitution; enterprize zones; employer

tax credits. ...................................... 86, 627, 649, 994, 1031

SR 65--Burnham, Walter Leroy; Commend. .................................. 87

SR 66--Amend Constitution; public initiative petition process. .................. 86

SR 67--Designate; Robert L. Brown Bridge; State Hwy

60, Fannin County. ......................... 95, 682, 725, 761, 763, 1217

SR 68--Medicaid Discrimination in Nursing Home

Admissions Study Committee. ...................... 95, 893, 929, 962, 976

SR 69--Pain Management; anesthesiology and oncology;

committee to study. ............................. 95, 929, 960, 1363, 1374

SR 70--Student-teacher Ratios; urge plans to reduce

in grades K-12. ..................................................... 97

SR 71--Federal Mandates; unfunded liabilities; request

meeting with Georgia Delegation. .................................... 96

SR 72--Kines, Reverend Grady; recognizing. .............................. 97, 629

SR 73--Chandler, Pastor Clifford; recognizing. ........................... 98, 629

SR 74--Garrett, Reverend Lawrence G.; recognizing. ..................... 98, 629

SR 75--Motorcycle Awareness and You Month in Georgia;

recognizing. ........................................................ 98

SR 76--Technical Institutions and University System;

collaborative efforts. ........................................ 98, 114, 879

SR 77--Joint Guardianship Study Committee; creation. ..... 96, 757, 836, 897, 911

SR 78--Amend Constitution; taxes, fees, assessments

imposed by General Assembly; required vote. .......................... 96

SR 79--Edwards, Arvid J.; commend heroism. ........................... 98, 243

SR 80--Baker, Colonel Russell; Law Enforcement Officer

of Year; commend. ............................................. 98, 243

SR 81--Farris, Marie; commend.............................................. 98

SR 82--Silver-Haired Legislature; commend ............................. 98, 630

SR 83--Lester, Cindy D.; commend .......................................... 98

SR 84--Health Care for Rural and Underserved Georgians

Day; recognize. .................................................. . . 110

SR 85--Designate; Veterans Parkway; certain portion

Interstate 85 North. .............................. 108, 682, 725, 761, 763

SR 86--Boat Safety Study Committee; creation. . 108, 1353, 1354, 1678, 1904, 2133

SR 87--Global Research Systems, Inc.; school bus call product; commend

111

SR 88--Eddie Eagle Gun Safety Education Program of

NRA; encourage in schools. .................. 108, 506, 605, 630, 652, 663

SR 89--Washington County; Golden Hawks Football Team; commend .......... 101

SR 90--Roads and Highway Maintenance; urge use of

inmate labor to perform. ..................... 108, 233, 258, 299, 331, 442

SR 91--Savannah College of Art and Design (SCAD); commend ............... Ill

SR 92--Johnson, Lee; 1995 Georgia Artist of the Year; commend ......... Ill, 220

SR 93--Georgia Citizens for the Arts; commend. ............................. Ill

SR 94--Terrell Academy Football Team; commend. ........................... 110

SR 95--Cedartown High School; John Hill, Football Coach; commend .......... Ill

SR 96--Euharlee Farmers Club; recognizing ................................. Ill

SR 97--Amend Constitution; create State Commission

on Judicial Compensation. ....................... 119, 507, 605, 994, 1026

SR 98--Tattnall Square Academy Football Team; commend ................... Ill

SR 99--Proctor, Norman of LaGrange, 100th Birthday;

commend. ......................................................... 125

SR 100--Plunkett, Lamar Rich; Former State Senator;

in memory of. ..................................................... 125

2336

JOURNAL OF THE SENATE

SR 101--Joint Study Commission on Economic Development

and Revitalization in South Fulton County. ........ 119, 757, 836, 870, 875

SR 102--Property Conveyance; Richmond County; lease

of 5-acre parcel. ............................ 132, 450, 473, 685, 711, 1349

SR 103--Toorchen, John of Cleveland; artistic creations; commend. ............. 125

SR 104--Colon, Joe, Jr.; 1994 Technical Institute

GOAL Award; commend. ...................................... 125, 683

SR 105--Pointe South Elementary School; commend ........................... 125

SR 106--Clayton County School System; commend. ............................ 125

SR 107--Collins, Lois of Clayton County; commend ............................ 125

SR 108--Lovejoy Middle School; 1994 School of Excellence; commend ........... 125

SR 109--Lovejoy High School; 1993 Georgia School of Excellence; commend ... 125

SR 110--Greiner, Wendy Marie; Miss Cobb County; commend ............. 125, 629

SR 111--Jack Vaughan Building; urge name; Chattahoochee

Technical Institute. ................................................ 135

SR 112--Lawrenceville Public Schools Centennial Year;

designating. .................................................. 136, 726

SR 113--Property Conveyance; easement; Baldwin, Cobb,

Towns, Walker Counties. ............... 132, 216, 234, 261, 298, 310, 1735

SR 114--Antebellum Trail, Georgia; recognize 10th

anniversary. .'................................................. 136, 610

SR 115--Amend Constitution; public initiative petition

process. ........................................................... 132

SR 116--Flood of 1994 Recovery Initiatives; recognizing. ....................... 136

SR 117--Privatization of State Governmental Services

Study Committee; create. ....................... 154, 959, 989, 1180, 1209

SR 118--Property Conveyances; Counties of Clarke, Clayton,

Habersham, Hart, Laurens, Mclntosh, Walker and

White; utility easements. ............... 154, 216, 234, 261, 298, 311, 1799

SR 119--Property Conveyance; Liberty County; new State

Patrol facility. ... ...................... 154, 627, 649, 684, 710, 983

SR 120--Motorcycle Awareness and You Month, May 1995; recognizing

157

SR 121--Elder Abuse and Financial Exploitation; joint

committee to study. .............................. 154, 893, 929, 962, 975

SR 122--Educators Technology Training Commission;

creation. .............................. 154, 233, 258, 299, 331, 443, 1349

SR 123--Designate; Purple Heart Highway; portion 1-20

within Rockdale County. .......................... 154, 682, 725, 761, 764

SR 124--Parrish, John; Former Senator, 43rd District; honoring. .......... 157, 483

SR 125--Amend Constitution; special purpose county

sales tax; education purposes. ......................... 155, 326, 450, 478

SR 126--McCoy, Joseph Clifton; expressing regrets

at his passing. ..................................................... 157

SR 127--School Health Education, Services; create commission

to evaluate. .......... 192, 326, 450, 478, 630, 652, 653, 674, 684, 931, 941

SR 128--Amend Constitution; hazardous waste; funding

corrective activities. ............................. 192, 836, 862, 994, 1030

SR 129--Hatcher, Christopher of Valdosta State; commend .................... 199

SR 130--National Voter Registration Act, 1993; financial

burden to state; urge fund or repeal Act. ............................. 192

SR 131--Property Conveyance; Chatham County Regional

Youth Detention Center. .................... 192, 627, 649, 730, 736, 1424

SR 132--Designate; Wade R. Milam, Jr. Bridge, Hwy

109 over West Point Lake. .................. 213, 682, 725, 761, 764, 1349

SR 133--Woodard, Glen P.; expressing regrets at his passing. .218

INDEX

2337

SR 134--Ellijay Apple Marketing Association and Apple Growers; commend. ........................................... 218, 650
SR 135--Lieutenant Governor; Pierre Howard; birthday congratulations. ................................................... 258
SR 136--U.S. Senate; urge adopt balanced budget amendment to Constitution. .................................. 213, 628, 649, 762, 811
SR 137--Corrections Department; prison management; 5-year strategic plans, alternatives; outcomes based budgeting system; report. ......................... 213, 605, 628, 730, 740
SR 138--Daniel, Liz, National High School Heisman Gold Medal; recognizing. ...................................... 218, 249
SR 139--Trauma Patient Care; direct study of state-wide response services. .......................... 230, 472, 507, 685, 711, 1519
SR 140--Webb, Carlton; National 4-H Scholarship; commend ............ 234 SR 141--Vickers, Maria; National 4-H Scholarship; commend .................. 234
SR 142--Stephens, Jill; National 4-H Delegate; commend..................... 234
SR 143--Stancil, Jennifer; National 4-H Delegate; commend ................... 234
SR 144--Rucks, Brandie; 4-H American Agribusiness Summit Ambassador; commend ............................................. 235
SR 145--Rucks, Brandie; National 4-H Conference Delegate; commend .......... 235 SR 146--Martin, Rachael; National 4-H Scholarship; commend ................. 235
SR 147--Marlow, Brandon; National 4-H Conference Delegate; commend ........ 235 SR 148--Love, Brad; National 4-H Conference Delegate; commend .............. 235 SR 149--Heidel, Lee; National 4-H Conference Delegate; commend ............. 235 SR 150--Harris, Julian; 1994-95 State 4-H President; commend ................ 235 SR 151--Harper, VaShaun; National 4-H Conference Delegate; commend ........ 235 SR 152--Gilbert, Erin; National 4-H Scholarship; commend .................... 235 SR 153--Four-H (4-H) Day at the State Capitol; commend. .................... .234 SR 154--McKinney, Reverend Arnold; commend. .............................. 235
SR 155--African American Business Enterprise Day; recognizing. ............... 235 SR 156--Fort Valley State College, 100th Anniversary; honoring........... 258, 463 SR 157--West Lake Golf Club, Powder Springs; urge
development approval............................. 253, 723, 757, 839, 847 SR 158--Hardy, Charles; commend ..................................... 235, 328
SR 159--Property Conveyance; state property; convey to City of Moultrie.......................... 253, 472, 507, 607, 610, 1217
SR 160--Property Conveyance; Colquitt County; old Forestry Headquarters; convey to Board of Education. ................................ 254, 472, 507, 607, 611, 1217
SR 161--Amend Constitution; congressional, state officers; term limitations. ................................................... 254
SR 162--Amend Constitution; child abuse treatment centers; additional criminal, traffic fees to fund. .. . 254, 862, 894, 994, 1035
SR 163--Joint Study Committee on Georgia Agricultural Education; creation. .............................. 254, 627, 649, 684, 699
SR 164--Georgia Child Abuse Study Committee; creation. 294, 757, 836, 870, 872 SR 165--Seward, Mrs. Marion E.; recognizing. ................................ 259
SR 166--Amend Constitution; create Technology Related Assistance Trust Fund for Disabled Persons. ......................... 294
SR 167--Amend Constitution; protection of parental right to direct upbringing and education. ............................. 294
SR 168--Amend Constitution; state debt; limitations upon financing terms. .............................................. 294
SR 169--Berry College; declaring Martha Berry Day, October 7, 1995. .............................................. 297, 984
SR 170--Jackson, Daniel G. of Carroll County; commend ...................... 297

2338

JOURNAL OF THE SENATE

SR 171--Muchnick, Daniel W.; commend. .................................... 297

SR 172--Carroll County Certified Literate Community

Program, LIFT; commend. .......................................... 297

SR 173--National Guard Day 1995; recognizing. ......................... 298, 879

SR 174--Mercer, John Herndon; musical lyricist; declaring

Johnny Mercer Day. ............................................... 298

SR 175--Amend Constitution; appropriations; authorize

Governor to reduce; overriding such reduction. ........................ 322

SR 176--Amend Constitution; state expenditure limitations;

local mandates. .................................................... 322

SR 177--East Coweta High School Choir; commend ........................... 328

SR 178--Perkins, Thomas B.; expressing sympathy at

his passing. ....................................................... 328

SR 179--Congress; urge continued support for federal

School Lunch Program. .................................... 322, 957, 989

SR 180--Amend Constitution; special purpose county

sales tax; local school districts snaring of proceeds. . . 322, 506, 605, 896, 906

SR 181--Cartersville High School Cross Country Team; commend .............. 328

SR 182--Engineering Professionals; recognize contributions;

Engineers' Day. .................................................... 328

SR 183--Georgia Peach Festival, Celebrating Day at

Capitol; commend. ............................................ 328, 934

SR 184--Parrish, John; Former Senator; regrets at his passing. ........... 451, 483

SR 185--Firefighters' Recognition Day; observance of. ......................... 451

SR 186--State Patrol Aviators, Sgt. Charles Shirling

and Sgt. Mike Ferros; commend rescue missions during floods. .... 451, 476

SR 187--Macon-Bibb County Officials and Cherry Blossom Festival;

commend ..................................................... 451, 961

SR 188--Carson, Greg; Police Sergeant of Conyers; commend .............. 451, 863

SR 189--Clough, Dr. Gerald Wayne, Georgia Tech President;

recognizing. ....................................................... 451

SR 190--Kaune, Nicholas Mark, Eagle Scout Award; commend. ................ 451

SR 191--Water Quality and Water Supply Alternative

Financing Study Committee. ...................... 469, 627, 649, 684, 700

SR 192--Thomas Grove Baptist Church 125th Anniversary; commend ........... 473

SR 193--Hartsfield, Dr. Kirk of Emmanuel College; commend

..... 508

SR 194--Randall, William P. of Valdosta; regrets at his passing. ................ 508

SR 195--Burgess, Otis M.; commend ......................................... 508

SR 196--Task Force on Violence in the Media; creation. . 505, 959, 989, 1180, 1210

SR 197--Mann, Gary E. of Macon; commend .................................. 508

SR 198--Thurman, Jo; Northwest Home Health Agency; commend. ............. 509

SR 199--Plunkett, Lamar Rich; Former Senator; regrets at his passing. ......... 509

SR 200--Penson, Reverend Dewey; commend ............................ 509, 629

SR 201--Islamic Community, Observance of Ramadan; recognizing. ............. 508

SR 202--Local Education Finance Review Study Committee;

creation. ........................................ 602, 627, 649, 684, 697

SR 203--Anne Elizabeth Shepherd Home, Youth Services; commend............. 606

SR 204--High School Student Academic Credit for Community

Service; urging. .......................... 602, 957, 989, 1678, 1904, 2134

SR 205--Wiregrass Georgia Parkway; celebrating official

designation. ....................................................... 606

SR 206--Nobles, Billy Ray, of Twiggs County; commend ....................... 606

SR 207--Ray, Harold; Top Shooting Dog Handler; commend .................... 610

SR 208--Georgia Recreation and Parks Association; commend .................. 629

SR 209--Bower, Alien E., Sr., Pinetree Farmer of Year

Award; recognizing. ................................................ 629

INDEX

2339

SR 210--Burgess, Nathan, Eagle Scout; commend. ............................ 629 SR 211--Lieutenant Governor; Pierre Howard; commend. ...................... 629 SR 212--Krahn, Andrea Claudette; 1994 Miss Georgia; commend. ......... 650, 961 SR 213--Goody, Mrs. Ellen Blackburn; regrets at her passing. .................. 650 SR 214--Transportation; Department; flood emergency
recovery efforts; commend. .................................... 650, 1349 SR 215--Anderson, Paul Edward; tribute to. ............................... ... 649 SR 216--Arbor Day Celebration, 103rd Anniversary; recognizing. ............... 650 SR 217--Georgia Medical Group Management Association; commend. ........... 650 SR 218--Graves, Daniel, Royal Rangers Boy's Ministry; commend .............. 650 SR 219--AARP Day at the Capitol; declaring. .................... 693 SR 220--Chateau Elan Winery and Vineyards; commend ................ 683, 1177 SR 221--Fisher, Brian Douglas, Eagle Scout; commend ........................ 683 SR 222--Heritage School in Newman, 25th Anniversary; congratulating ......... 683 SR 223--Junior Leagues of Georgia, State Public Affairs
Committee; commend. .............................................. 684 SR 224--Callaway, Virginia Hand; tribute to. ................................. 684 SR 225--Bagley Middle School Junior Beta Club; commend ............ 725 SR 226--Property Conveyance; lease to Gwinnett/Rockdale/Newton
Creative Enterprises, Inc. ................... 720, 892, 929, 962, 977, 1519 SR 227--Designate; Raymond R. Lester Wildlife Management
Area; Polk County. .......................... 720, 836, 862, 897, 913, 930 SR 228--Amend Constitution; allow island property
within constitutional industrial area to be removed. ....................................... 721, 892, 929, 994, 1049 SR 229--Albany-Dougherty County Day at State Capitol; declaring. ......................................................... 725 SR 230--Butts, Nancy Thomas; in memory of. ........................... ..... 726 SR 231--Martin, Riago Joseph; expressing regrets at his passing. ............... 726 SR 232--Veterans Day; urge designation as a public school holiday. ................................. 754, 957, 989, 1180, 1208 SR 233--Becker, Dr. Sherri L., President Optometric Association; commend. ............................................. 758 SR 234--Screven County High School Football Team; commend. ................ 758 SR 235--Glennville Elementary School; commend. ............................. 758 SR 236--Amend Constitution; public initiative petition process. ................. 754 SR 237--Poag, Honorable Charles Nathan; commend .......................... 758 SR 238--Harvard, Beverly, Atlanta Police Chief; recognizing. ................... 837 SR 239--Georgia Federation of Democratic Women's Day at Capitol; declaring. .......................................... 837, 847 SR 240--Joint Study Committee on Certificate of Need for Health Care Facilities. ................ 831, 959, 989, 1073, 1133, 1735 SR 241--Long, Glen O. of LaGrange; commend ............................... 837 SR 242--Truck Weights; scale tolerances; urge uniformity among states. ........................... 831, 960, 989, 1678, 1904, 2157 SR 243--Bouckaert, Carl and Beaulieu of America Carpet Producer; recognizing ..................................... 652, 837, 850 SR 244--State Chartered Banks; proposed FDIC exam fees; urge Congress reject. ........................ 831, 891, 929, 962, 979 SR 245--Andrews, Lee Beth; commend ....................................... 837 SR 246--South Fulton County Legislative Day at the Capitol; recognizing. ............................................... 837 SR 247--Joint Subsequent Injury Trust Fund Study Committee. ...... 860, 989, 1068 SR 248--Property Conveyance; Richmond County; convey certain leased property. ............. 860, 927, 960, 1074, 1150, 1719, 1768 SR 249--Bruegger, Barbara J., Cobb YMCA; commend ............ 837

2340

JOURNAL OF THE SENATE

SR 250--GBI; assistance to local agencies during flood disaster; commend............................................ 863, 1223
SR 251--Amend Constitution; prohibit amend previously enacted general appropriations Act increasing expenditures. ........... 860
SR 252--Department of Natural Resources; flood disaster assistance; commend. ........................................ 863, 1223
SR 253--Community Business Development Task Force; creation. ........................... 886, 959, 989, 1072, 1075, 1887, 2085
SR 254--Voluntary Alcoholic Beverage Responsible Vendor Training Programs; study committee; creation. ............................... 886, 989, 1068, 1678, 1904, 2131
SR 255--Congress; urge resist efforts to assign U.S. military forces to the U.N. Security Council as a standing army. ....... 887
SR 256--General Assembly; Adjournment; February 22 to February 27. ........................................... 878, 879, 884
SR 257--Property Conveyance; Clay, Ware Counties; leases; golf facilities. ...................................... 887, 927, 960
SR 258--Pine Ridge Elementary School; commend ....................... 894, 1177
SR 259--Beam, Kirby and Linda, National Outstanding Tree Farmers; commend. ..................................... 894, 1182
SR 260--Irish Ancestry Week, Georgians of; designating ....................... 895
SR 261--State Hospital for Inmates; study relocate proposed medical facility. ........................................... 923
SR 262--Georgia Winners for Public Service; commend ........................ 895
SR 263--Coleman, Lt. Colonel R.C. (Stock), PSD Security Officer; commend ..... 895
SR 264--Senate; Rules; amend; setting of calendar by Committee on Rules. .......... 923, 1353, 1354, 1678, 1904, 2216, 2217
SR 265--Solid Waste Reduction Study Committee; creation. ................................ 923, 959, 989, 1679, 1904, 2153
SR 266--Fort Stewart, 24th Infantry Division; urge not change designation. ....................... 923, 988, 1068, 1180, 1211
SR 267--Henry Massey Pavilion at UGA Poultry Research Center; commend. .................................................. 930
SR 268--Efficient Use of State Buildings and Vehicles Study Committee. ....................................... 923, 1428, 1429
SR 269--Kingston, Bartow County; sell railroad right of way; adjoining homes. ................. 924, 957, 989, 1073, 1134, 2304
SR 270--Athens Tech Satellite Campus; urge name Charles W. Yeargin Building. .................................... 924, 1428, 1429
SR 271--Nobles, James Cecil; Sheriff of Long County; commend ................ 930 SR 272--Congress; proposed balanced budget amendment
H.J. Res. 1; ratifying. ..................................... 924 SR 273--Automotive Repair Facilities Study Committee;
creating. ............................................... 924, 1428, 1429
SR 274--Joint Study Committee on Pilot Projects in Douglas Judicial Circuit. ....................... 924, 959, 989, 1073, 1114
SR 275--PAGE, Professional Association of Georgia Educators; recognize. ............................................... 930
SR 276--Broun, Senator Paul C.; recognizing 79th birthday. ................... 961 SR 277--Timber Harvesting Equipment; sales tax exemption;
legislative intent. ....................................... 953, 1067, 1176
SR 278--Poultry Feed and Transportation Study Committee; creation. .................................... 953, 1353, 1354, 1441, 1494
SR 279--Ledbetter, James G.; Director, Georgia Health Policy Center; commend. ............................................ 961

INDEX

2341

SR 280--Public Safety Department; Flood Disaster Relief Efforts; commend staff. ....................................... 961, 1223
SR 281--Federal Highway Funds; urge reauthorize ISTEA and TEA program. ...................................... 953, 1068, 1176
SR 282--Property Conveyance; Richmond County; right of way; Gracewood School. .......................................... 953
SR 283--Kingsmore, Harold D. and the Graniteville Company; commend ........ 961 SR 284--Cox, John W., Sr.; commend ................................... 961, 990
SR 285--Sheftall, Willis, Sr.; expressing regrets at his passing. ................. 961
SR 286--King, Lavasky Tommy; expressing regret at his passing. .............. 990
SR 287--Amend Constitution; General Assembly; unexpired terms; vacancies prior final six months; appointment by Governor. .... 985
SR 288--Medical Savings Accounts; urge Congress enact legislation. ............................................. 985, 1523, 1525
SR 289--General Assembly; Adjournment; March 1 to March 6. ................................................. 975, 980, 981
SR 290--Discretionary Trusts for Disabled Beneficiaries Study Committee. ............................ 985, 1353, 1354, 1532, 1608
SR 291--Savannah St. Patrick's Day Parade, Festivities, Officials; commend. ........................................ 990, 1082
SR 292--Lanier, Dr. Bob G.; Rheumatologist; commend ........................ 990 SR 293--Fire Ant Study Committee; creating...................... 1061, 1428, 1429 SR 294--Joint Public Safety Radar Enforcement Regulatory
Study Committee. ...................................... 1061, 1428, 1429 SR 295--Adams, John of Columbus; commend ............................... 1069 SR 296--Davenport, Mary Ann (Mollie); expressing sympathy at her passing . 1177
SR 297--Motor Vehicle Title Pawn Loans Study Committee. ................................ 1172, 1353, 1354, 1533, 1656
SR 298--Telephone Solicitation; high pressure selling; urge regulation of. ..................................... 1172, 1428, 1429
SR 299--Civic Literacy; encourage communities to implement plans for. ........................................................ 1172
SR 300--Suit, Hal; expressing regrets at his passing ......................... 1177 SR 301--Moore, Ray; Georgia Broadcast Hall of Fame; commend .............. 1177
SR 302--Cass Middle School Junior Chamber of Commerce; commend ......... 1223
SR 303--Cartersville 4-Way Lunch Diner and Earnest Garrison; commend .... 1223
SR 304--Correctional Facilities; urge designate outside smoking areas. ........................................ 1218, 1353, 1354
SR 305--Donoghue, Most Reverend John Francis, Archbishop of Atlanta; commend ................................................ 1223
SR 306--Georgia Emergency Management Agency; flood crisis response; commend. ......................................... 1223
SR 307--Flood Emergency Response; commend Transportation Department. ...................................................... 1223
SR 308--Federal Mandates; claiming State sovereignty under Tenth Amendment. ................................... 1349, 1525
SR 309--Indian Affairs Study Committee; create. ............... 1349, 1428, 1429
SR 310--Malloy, Francis X. (Frank); WMAZ-TV flood reports; commend. ................................................ 1356
SR 3 Uplands, Elizabeth K.; WMAZ-TV news reports of flood crisis; commend..............'........................................... 1356
SR 312--Ross's Diner in Downtown Cartersville; commend .................... 1356
SR 313--Burgess, James V., Jr., Georgia Municipal Association; commend. ............................................ 1356
SR 314--Oettmeier, William M., Jr.; 1994 American Foresters Fellow; commend ......................................................... 1356

2342

JOURNAL OF THE SENATE

SR 315--Rucker, Reverend Raleigh; NAACP Thurgood Marshall Award;

commend......................................................... 1356

SR 316--Rogers, Leroy; urge City of Tifton name Senior

Center to honor. .................................................. 1356

SR 317--Delaney, Tom; Achievements in Educating Troubled

Youth; commend. ........................................... 1356, 1546

SR 318--Erosion and Sedimentation Control Review Panel; commend .......... 1439

SR 319--Public Safety Communications; urge state-wide

800 MHZ radio system. ............................................ 1424

SR 320--Rural Hospital and Health Care Financing Study

Committee; create. ................................................ 1424

SR 321--Johnson, Leroy; Placement of portrait in the

State Capitol. ............................. 1424, 1662, 1678, 1892, 2198

SR 322--Freaknik Student Event; create advisory commission

to study problems. ......................... 1424, 1662, 1678, 1903, 2311

SR 323--Georgia High Tech Alliance; commend .............................. 1439

SR 324--Keeney, Melissa Paige, Cobb County June Miss; commend ............ 1439

SR 325--Water, Dr. James W. (Jimmy); Baptist Ministry; recognizing .......... 1439

SR 326--Trubey, Mrs. Jane A.; recognizing .................................. 1439

SR 327--Coleman, Tom; former Senator; appointment to

Board of Regents; commend ........................................ 1527

SR 328--McDonald, Sunny Nivens; commend ................................ 1527

SR 329--Cronin, Homer A. of DeKalb County; expressing

regrets at his passing. ............................................. 1527

SR 330--South Gwinnett High School; Basketball Team; Commend. ........... 1663

SR 331--Gilleland, Paul of Snellville; commend .............................. 1663

SR 332--Monies, Virginia E. (Ginny); regrets at her passing .................. 1663

SR 333--Mathematics and Science Residence School Study

Committee. ............................................ 1662, 1921, 1922

SR 334--Atlanta Motor Speedway Traffic Study Committee;

create. ................................................ 1662, 1921, 1923

SR 335--Newbern, Laura Lynn; commend ................................... 1663

SR 336--Dodge County High School Boys Basketball Team; commend .......... 1664

SR 337--Dunwoody High School Boys Basketball Team; commend ............. 1663

SR 338--Todd, Jennifer; Girl Scout Gold Award; commend .................... 1664

SR 339--Cook, Carla; Girl Scout Gold Award; commend ...................... 1664

SR 340--Richardson, Jennifer; Girl Scout Gold Award; commend .............. 1664

SR 341--Samples, Amanda; Girl Scout Gold Award; commend ................. 1664

SR 342--Raper, Sarah; Girl Scout Gold Award; commend ..................... 1664

SR 343--Palmer, Julie; Girl Scout Gold Award; commend ..................... 1664

SR 344--Howard, Robert N. (Bobby); condolences on his passing.

1923

SR 345--Chattahoochee River; phosphorus discharge units; variance deadline. ........................................... 1921

SR 346--Bell, Dr. Roy Charles; tribute to. ................................... 1923

SR 347--Cedar Shoals High School Academic Decathlon Team; recognize ....... 1923

SR 348--Hayes, Beverly B., Jr.; expressing regret at his passing ............... 1923

SR 349--Atlanta; proposed boot camp facility; opposing construction of. ................................................... 1923

SR 350--University System Outstanding Scholars on

Academic Recognition Day. ........................................ 1923

SR 351--Davis, Albert M., M.D.; commend .................................. 1923

SR 352--Ellison, Dr. James; commend ...................................... 1923

SR 353--Smith, Otis W. Smith, M.D.; commend .............................. 1924

SR 354--Columbia High School; commend ................................... 1924

SR 355--Saudis Presbyterian Church, 30th Men's Day Service; commend ....... 1924

INDEX

2343

SR 356--Atlanta Police Department, Zone 5 Investigation

Team; commend. .................................................. 1924

SR 357--South Gwinnett High School; Mock Trial Team; commend. ............ 1924

SR 358--Buchanan, Dr. Gale; commend. ..................................... 1924

SR 359--Lowe, Ronald; commend ........................................... 1924

SR 360--Harbour, Michael; commend ....................................... 1924

SR 361--International Longshoremen's Association Local 1414;

recognize. ........................................................ 1924

SR 362--Sales Tax; exemption; off-road timber equipment;

legislative intent. ................................................. 1924

SR 363--Georgia Legislative Black Caucus Community Outreach; commend .. . . 1924

SR 364--Branson, Aundre, Legislative Black Caucus Internship; commend ..... 1924

SR 365--Burnham, Walter LeRoy; Express Regrets at his Passing ............. 2301

SR 366--Williams, Larry, State Trooper; commend ........................... 2302

SR 367--Johnson, Diane Harvey; State Senator; commend .................... 2302

SR 368--Mississippi State Legislature; commend ............................. 2302

SR 369--Atlanta Police Department; Zone 5 Field Investigation

Team; commend. .................................................. 2302

SR 370--Legislative Counsel; commend certain employees. .................... 2302

SR 371--Atkinson County High School Basketball Team; recognizing .......... 2302

SR 372--McDonald, Lloyd; Athletic Director of the Year; commend

....... 2302

SR 373--Nutrition Month; Designating March; recognizing dietitians. .......... 2302

SR 374--Robinson, James D.; World Travel/Tourism Technology

Center; recognize. ................................................. 2302

SR 375--Rozier, Jeannette of DeKalb County; commend ...................... 2302

SR 376--Chattahoochee River; Atlanta wastewater discharge;

alternative plan. .................................................. 2302

SR 377--Howard, Carolyn Martin; Clinical Laboratory Services; commend ...... 2303

SR 378--Massey, Lewis; commend .......................................... 2168

2344

JOURNAL OF THE SENATE

HOUSE BILLS

HB 3--Income Tax; refund claims; taxes paid by retired federal employees. .................... 151, 155, 472, 507, 993, 1051, 1520
HB 15--Textbook Selection; requests by superintendents; approval method. ............................................. 209, 213
HB 34--Income Taxes; incorporate federal provisions into Georgia tax laws. ..................... 209, 213, 627, 649, 1364, 1386
HB 38--Income Taxes; Property Tax Credit Act of 1995. .. 251, 254, 472, 507, 993, 996, 999, 1226, 1306, 1804, 1834, 1865, 1906, 2295, 2309
HB 39--Motor Fuel Transport Tank Trucks or Tandems; direct fuel deliveries. ................ 251, 254, 929, 960, 1532, 1602, 1605, 1621, 1676, 1848, 2165, 2220
HB 41--Insurance; surplus line brokers; revise certain requirements. ....................... 189, 193, 723, 757, 1225, 1227, 1520
HB 42--Insurers; policies; specified premiums and charges; report filing........................................... 189, 193
HB 50--Income Tax; corporate net income; apportionment formula method. ............... 600, 603, 682, 725, 1364, 1407, 1611, 1693
HB 53--Computer Access to General Assembly Activities via GaNet/PeachNet. ................. 751, 754, 862, 894, 1225, 1234, 1521
HB 60--Legislative Services Committee; membership; add minority leaders. ...................... 80, 86, 1428, 1429, 1675, 1702, 1772, 2034, 2138, 2199
HB 62--General Assembly; members; increase allowances, reimbursable expenses. .............. 502, 505, 957, 989, 1180, 1186, 1419, 1498, 1611, 1660, 2299, 2308
HB 70--Vehicular Traffic; pedestrian right of way within crosswalk; commercial motor vehicle operator disqualifications. ............. 319, 323, 1429, 1533, 1675, 1720, 1887, 2034
HB 72--Child Support; computation; factors; registry; extensive revisions. .......... 858, 861, 1428, 1429, 1675, 1709, 1886, 1905
HB 76--Computer Networks; unlawful communications; illegal weapons or terroristic acts. ............. 914, 924, 1524, 1525, 1677, 1873, 2165, 2201
HB 87--Felony Crimes; repeat offenders using firearms; offense of riot in a penal institution. ............. 207, 213, 724, 757, 1678, 1904, 2166, 2307
HB 90--Federal Retiree Refund Act of 1995; enact. ....... 72, 76, 109, 123, 137, 148 HB 100--Funeral Directors, Embalmers; license renewal;
continuing education. ................ 208, 214, 472, 507, 1180, 1192, 1521 HB 102--Fulton County; Personnel Administration; disciplinary
actions. ............................................. 208, 215, 648, 651 HB 106--Workers' Compensation; eligible persons; Olympic
voluntary service. ............................... 210, 214, 472, 507, 1364 HB 107--Use of Force in Defense of Habitation or Residence;
justification. ......................................... 188, 193, 893, 929 HB 108--Homestead Option Sales and Use Tax Act; enact. .... 468, 469, 927, 960,
1226, 1328, 1920
HB 111--Elections; withdrawal of nominated candidates; procedures. .......................... 447, 448, 929, 960, 1441, 1531, 1552
HB 116--Firenghters; qualifications; criminal history; physical fitness............... 951, 954, 1067, 1176, 1532, 1599, 1772, 2039

INDEX

2345

HB 119--Arrest Under Warrants; commitment hearing; notice to accused. .............. 228, 231, 450, 473, 1441, 1531, 1538, 1920
HB 120--State Recreational Authorities; legislative overview of operations; land development restrictions; accountability. ... 675, 680, 722, 757, 839, 840, 892, 993, 999, 1023, 1520
HB 123--Tattnall County; Board of Elections; creation. ................. 72, 76, 98
HB 124--State Symbols; official state crop; designate the peanut. ............................... 675, 680, 861, 894, 1532, 1602
HB 125--Agricultural Cooperative Marketing Associations; clarify powers. ................. 114, 119, 216, 234, 261, 298, 331, 452, 459
HB 128--Education; student warranty program; basic skills; free retraining. .............. 502, 505, 1220, 1354, 1441, 1531, 1544
HB 129--QBE; funding; program weights; instruction, beginning salaries; lottery funds for new capital construction projects; reserve trust fund. ............................. 980, 985, 1067, 1176, 1440, 1461, 1920
HB 134--Student Disciplinary Actions; civil damages; rights of educators. ................ 750, 755, 1426, 1429, 1533, 1612, 1920
HB 136--Retirement Bills; amendments having fiscal impact; requirements. ....................... 114, 119, 217, 234, 261, 298, 331, 452, 477, 1226, 1344
HB 137--Superior Court Judges and District Attorneys Retirement Funds; Employees' Retirement System to administer. ......................... 114, 119, 217, 234, 261, 298, 331, 452, 477, 1442, 1532, 1566
HB 138--Firemen's Pension Fund; board of trustees; change reference. . . 130, 132, 217, 234, 261, 298, 331, 452, 477, 1226, 1338
HB 139--Employees' Retirement System; Disability Retirement; claims; time period to submit evidence. .... 467, 470, 682, 725, 1226, 1335
HB 145--Local School Systems; achievement grants; evaluations; student discipline; RESA service agencies, financing and programs. . 467, 470, 1427, 1429, 1534, 1676, 1808, 2164, 2181, 2184, 2187, 2230, 2309
HB 147--Automated Teller Machines; installation at welcome centers. ................ 210, 214, 326, 450, 478, 1442, 1531, 1553
HB 148--Solid Waste Handling Facilities; public or private; landfill permits; intergovernment, regional authorities; pollution reduction. ........................ 951, 954
HB 153--Voting; absentee electors; caregivers to the physically disabled. ....................... 320, 323, 628, 649, 1678, 1903
HB 154--School Administrators; contracts; tenue policy; training workshops for school board members. ........ 858, 861, 1427, 1429, 1532, 1596, 1708, 1735, 1862, 1864, 2217, 2309
HB 155--Child Protective Services Information System; registry of abuser names; contested cases; evidence; confirmed or unconfirmed reports. ........................... 102, 108, 1524, 1525, 1677, 1877, 2306
HB 161--Sales Tax; special county 1%; use of proceeds; sidewalks, bicycle paths, capital outlay projects; reimposition; ballot questions. ......... 468, 470, 682, 725, 1225, 1238, 1521
HB 163--Tobacco Marketing Act of 1995; warehousemen; maximum charges. ...................... 113, 119, 195, 217, 238, 261, 272
HB 164--Appropriations; Labor Department; Unemployment Trust Fund withdrawal. ............ 209, 214, 256, 297, 332, 453, 477, 493

2346

JOURNAL OF THE SENATE

HB 167--Landlords; residential rentals; notify tenant of previous flooding. ........ 1160, 1163, 1352, 1354, 1441, 1531, 1536, 1918
HB 170--Crime Victims' Bill of Rights; enact. . . . 676, 680, 959, 989, 1364, 1389, 1700 HB 171--Regents Retirement Plan; employee options;
mutual funds investment. ................... 113, 120, 217, 234, 261, 298, 331, 452, 477, 1226, 1334
HB 172--Regents Retirement Plan; board of trustees; mutual fund investments. ..................................... 113, 120
HB 174--Littering Public or Private Property or Waters; increase fines. ........................ 210, 214, 259, 472, 507, 1533, 1618
HB 175--Occupation Taxes or Regulatory Fees; local tax; extensive revisions. ...... 751, 755, 892, 929, 1363, 1376, 1719, 1770
HB 176--Juvenile Courts; venue; hearings in connection with proceedings. .............. 188, 193, 928, 960, 1442, 1532, 1578, 2307
HB 178--District Attorneys; additional assistant DAs; crime victim advocate. ..................... 623, 625, 928, 960, 1226, 1326
HB 182--Judicial Sales; advertisements; street address of real property. ..................... 208, 214, 648, 683, 1363, 1369, 1700
HB 185--Crime Information Center; computer records; stolen vehicle reports. .............. 676, 680, 1176, 1222, 1364, 1402, 1701
HB 194--Realty; record of conveyance to secure debt; security interest; reversion of title; notice to purchaser of certain land use zoning. ...................... 468, 470, 1353, 1354, 1441, 1494, 1701, 2041
HB 197--Elections; OCGA Title 21; correct errors and omissions. ......................... 113, 120, 257, 297, 332, 453, 477, 493
HB 198--Bail; cash bonds; deposits by sheriffs; cross-references. ........... 113, 120 HB 199--OCGA; code revisions, modernizations; reenact
statutory portion. .................. 114, 120, 257, 297, 332, 453, 477, 494 HB 200--State Parks; permission to hunt, trap wildlife;
approved weapons. ...................... 130, 132, 234, 258, 299, 331, 444 HB 201--Appropriations, Supplemental; SFY 1994-1995. ......... 189, 193, 256, 297,
330, 342, 441, 487, 488, 496, 497, 536, 588, 597 HB 202--Appropriations, General; SFY 1995-1996. 980, 981, 1067, 1176, 1225, 1249,
1380, 1418, 1419, 1977, 2026 HB 208--Vidalia Onions; marketing season; requirements
for packing, grading. .................. 229, 231, 325, 450, 478, 1363, 1375 HB 210--Irwin County; Board of Commissioners; chairman;
salary. .............................................. 102, 109, 217, 219 HB 212--Public Safety and GBI Nomenclature; unauthorized
use of; penalties. ...................... 210, 215, 327, 450, 478, 1363, 1374 HB 214--Public Employees; termination records; abusive
acts toward public. .................... 1160, 1163, 1525, 1678, 1896, 2307 HB 217--Counties; expenditures; benefits for executive
or judicial officers. ........................ 320, 323, 472, 507, 1440, 1477 HB 219--Retail Installment Contract or Revolving Account;
delinquency charge. ....................... 600, 603, 724, 757, 1226, 1327 HB 220--Ratites; ostriches, emus, rheas; inclusion
as farm animals and food products under Georgia laws. ......................... 228, 231, 325, 450, 478, 1225, 1247
HB 221--Bankruptcy; insolvent estates; exempt funds held in IRA accounts. ..................... 339, 448, 724, 757, 1364, 1397
HB 222--Delinquent or Unruly Acts; placement in detention center; health, hygiene or rehabilitation directives. ......... 880, 887, 1524, 1525, 1678, 1897

INDEX

2347

HB 228--Tuition Equalization Grants; qualified proprietary institutions. .............. 320, 323, 647, 683, 1363, 1370, 1595, 1692, 1693
HB 229--Inmates; parole conditions; obtain educational or vocational skills; participate Alcohol/Drug Use Reduction Program. ....................... 916, 924, 957, 989, 1442, 1532, 1584, 1585, 1675, 1704, 2307
HB 231--Superior Courts; employing assistant DAs; number in each circuit. ............................. 188, 194, 1524, 1525
HB 233--Budgetary Responsibility Oversight Committee/BROC; members; function. ................. 917, 925, 1067, 1176, 1675, 1747, 2306
HB 236--Superior Court; additional judgeships in 10 judicial circuits. ....................... 1161, 1164, 1428, 1429, 1532, 1601
HB 240--Temporary Help Contracting Firms; employees; unemployment benefits. ............ 916, 925, 1220, 1354, 1442, 1532, 1583
HB 246--Burial Caskets, Vessels; persons interred; permanent identification. ...... 189, 194, 232, 258, 299, 331, 444, 451, 453, 476, 479, 1439, 1514, 1865, 2033, 2179, 2308
HB 248--Probate Courts; Judges; training council; vital records fees. .................. 209, 215, 1352, 1354, 1677, 1870, 2307
HB 250--Local Government Authorities Registration Act; enact. . . 229, 231, 450, 473, 1364, 1409, 1412, 1440, 1471, 1719, 2119
HB 252--Ad Valorem; exemption; nonprofit museum property; referendum. .................................................. 718, 721
HB 253--Families Adopting Child With Certain Handicaps; increase assistance. ................. 641, 643, 988, 1068, 1441, 1531, 1537
HB 254--Driver's License or Personal Identification Cards; mandatory name or address change; fraudulent use. ...................... 623, 625, 757, 836, 1225, 1244, 1699
HB 255--Driver's License; records; points accumulation; conviction reports. ........................ 676, 680, 723, 757, 1675, 1745
HB 258--Housing authorities; demand for possession; procedures upon tenants. .................. 209, 215, 648, 683, 1226, 1335
HB 260--Unemployment Compensation; employer contributions; rates; credits; benefits eligibility, reemployment services; disaster payments. ........................ 600, 603, 836, 862, 1363, 1364
HB 262--Persons with Developmental Disabilities; family support program. ......................... 468, 470, 723, 757, 1225, 1304
HB 264--Crab Fishermen; commercial licensure; fees; crab trap activities. ......................... 229, 231, 472, 507, 993, 994
HB 266--Sheriffs; retirement; benefits; cost of living increases. .......... 130, 133, 217, 234, 262, 298, 331, 452, 477, 1225, 1300
HB 268--Death Investigations; subpoenas; AIDS Confidential Information. ............................. 882, 887, 988, 1068, 1226, 1342
HB 269--Elevators, Escalators, Manlifts, Moving Walks; violations; penalties. .... 457, 628, 649, 1363, 1365, 1369, 1440, 1467, 1917
HB 271--Amusement, Carnival Rides; inspection; certification; violations. ......................... 917, 925, 1220, 1354, 1534, 1676, 1836
HB 272--Greene County; Board of Commissioners; election districts. ............................................ 102, 109, 196, 198
HB 273--Professional Counselors, Social Workers, Marriage and Family Therapists; alleged incapacitating condition; personal records. .............................................. 676, 680
HB 274--Wildlife; hunting small game; shotguns; approved nontoxic shot. ..................... 130, 133, 234, 258, 299, 331, 451, 454
HB 275--Greene County; Board of Education; election districts. . 102, 109, 196, 198

2348

JOURNAL OF THE SENATE

HB 277--Hunting; licenses and stamps; archery, firearms, big game, small game, sportsman; telephone agents; fees; deer carcasses. ................ 130, 133, 234, 258, 299, 331, 451, 455
HB 278--OCGA Title 47; Retirement and Pensions; correct errors and omissions. ............... 114, 121, 257, 297, 332, 453, 477, 495
HB 280--Nursing Home Administrators; provisional licenses; validity. ....................................................... 623, 625
HB 281--Dermatologists; patient access; prohibit insurer requiring a referral. .................. 468, 470, 647, 683, 1363, 1380, 1700
HB 283--Retail Businesses; pricing markup illegal during state of emergency. ................. 675, 681, 927, 960, 1226, 1324
HB 284--Fulton County; Magistrates; part-time magistrate; appointment; compensation. ...................... 208, 215, 757, 759, 760
HB 285--Physicians' Assistants; authority; patient prescription drug orders. ..... 1159, 1163, 1427, 1429, 1533, 1675, 1749
HB 287--North Georgia College ROTC Tuition Assistance; increase grants. ...................... 718, 721, 836, 862, 1533, 1675, 1722
HB 288--State Agencies; emergency purchasing in declared state of emergency. ....... 881, 887, 959, 989, 1533, 1676, 1794, 2130, 2279
HB 290--Child Physical or Sexual Abuse; evidence; testimony of physician. ....... 640, 643, 1428, 1429, 1534, 1676, 1843, 2305
HB 294--Heard County; Board of Education; nonpartisan primaries, elections. .................................. 112, 121, 217, 219
HB 297--Employers; immunity; disclosure of employee job performance. ..................... 675, 681, 891, 929, 1180, 1185, 1520
HB 299--Covenants; actions for failure to pay assessments; time limitations. ........................ 881, 888, 1221, 1354, 1677, 1868
HB 301--Municipal Courts; judges; eliminate certain residency requirement. ............. 717, 721, 1428, 1429, 1533, 1676, 1767
HB 302--Butts County, City of Flovilla, Jackson and Jenkinsburg Water and Sewer Authority; bond maturities. ..................................... 112, 121, 196, 198
HB 303--Henry County; ad valorem; increase homestead exemption; referendum. .............................. 112, 121, 196, 198
HB 307--Henry County; Office of Treasurer; abolish. ............. 112, 121, 196, 198 HB 308--Commission of Crimes Using Certain Weapons;
enhanced penalties. ......................................... 1159, 1163 HB 314--Criminal History Records; public access; dissemination;
conditions. .......................... 468, 471, 757, 836, 1363, 1383, 1699 HB 315--Offense of Sentence Circumvention; exchange
of money to reduce fine. ....................................... 829, 832 HB 317--Talbot County; Board of Education; members;
compensation; insurance. ............................. 112, 121, 217, 219 HB 318--Nursing Homes; employment; state law requires
criminal record check. ......... 209, 215, 257, 297, 332, 453, 477, 497, 1521 HB 321--Boiler and Pressure Vessel Safety Act; exempt
certain autoclaves. ................... 320, 323, 681, 725, 1440, 1481, 1917 HB 322--Clarke County; Board of Education; compensation;
expenses. ........................................... 113, 122, 217, 219 HB 323--Housing and Finance Authority; economic development
bonds,loans. ................................................. 320, 324
HB 326--Licensed Professions; disciplinary proceedings; grounds for revocation; felony convictions; frivolous appeals. .................. 339, 449, 1352, 1354, 1677, 1874, 2305
HB 327--Retirement or Pensions; maximum salary allowed in computation of. ......................... 229, 231, 682, 725, 1180, 1184

INDEX

2349

HB 328--Architectural or Engineering Contracts With Transportation Department; preaward audits. ........ 209, 215, 1067, 1176, 1225, 1236, 1520
HB 330--Credit Insurance; security interests, vendor collateral; rate filings; agent licensing. ...................... 189, 194, 627, 649, 1179, 1182, 1521
HB 332--Consumers' Utility Counsel; division created within Governor's Office of Consumer Affairs. ...... 446, 449, 627, 649, 1440, 1460
HB 335--Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; enact. 320, 324, 835, 862, 1364, 1396, 1700
HB 336--Jobs Tax Credit; eligibility; businesses; economic distressed counties; joint development authorities. ........................ 980, 985, 1175, 1222, 1440, 1442, 1919
HB 338--Criminal Cases; investigative subpoenas; presence of victim at court; witness fees; order of testimony. ......... 916, 925, 1221, 1354, 1534, 1676, 1821, 2110, 2120, 2159, 2187, 2287
HB 339--Paternity Petitions; guardian ad litem for minor; appointment. ............................... 881, 888, 1524, 1525
HB 340--Criminal Offenses Involving Trade Secrets, Burglary or Armed Robbery. . 676, 681, 1353, 1354, 1678, 1904, 2209, 2306
HB 341--Law Enforcement Investigations; use of electronic trace devices. ...................................... 829, 832, 1353, 1354
HB 342--Controlled Substances; dangerous drugs; change listing; illegal trafficking of nitrous oxide. ....... 830, 832, 1427, 1429, 1534
HB 344--Real Estate; licensees; classification; renewal; fees; sanctions. . 916, 925, 1067, 1176, 1226, 1310, 1321, 1363, 1378, 1700
HB 345--Regional Jail Authorities Act; enact. ........ 289, 294, 506, 605, 1440, 1483 HB 346--Special County 1% Sales Tax; projects; regional
jail facilities. .................. 289, 295, 506, 605, 1440, 1484, 1701, 2101 HB 347--Jailing of Prisoners in Another County; pretrial
criminal procedure. ....................... 289, 295, 506, 605, 1440, 1485
HB 348--Jails Operated by Regional Jail Authorities; use of certain funds. ...................... 290, 295, 506, 605, 1441, 1486
HB 349--Revenue Bond Law; undertakings; inclusion of jail facilities. ........................... 717, 721, 892, 929, 1441, 1487
HB 350--Water Pollutants; land-disturbing activities; run-off; fisheries. .............................................. 718, 721
HB 351--Municipal Elections; candidate qualifying; fees; dates; hours. .................... 320, 324, 628, 649, 1364, 1388, 1700
HB 354--Alcoholic Beverages; sales at private clubs; brewery tours, tasting. .......... 1158, 1162, 1352, 1354, 1441, 1488, 1917
HB 356--County Governing Authorities; members; benefits and salaries. .......................... ............... 1161, 1164, 1525
HB 363--Development Authorities; property disposal; transfer to the state. ................. 623, 626, 960, 989, 1441, 1532, 1581
HB 365--QBE; financing student advanced placement (AP) exam fees and facilities registered as historic landmarks. .......................... 1160, 1164, 1427, 1429, 1533, 1676, 1796, 1886, 2031, 2130, 2187, 2283, 2308
HB 369--Insurance; bone marrow transplants; breast cancer; Hodgkin's Disease ................................ 881, 888, 1220, 1354, 1441, 1487
HB 370--DeKalb County; Special Services Tax District; ad valorem millage rate. .............................. 150, 155, 217, 219
HB 371--Decatur County; Probate Court; judges; nonpartisan elections. ............................................ 150, 155, 217, 219
HB 372--Decatur County; Board of Commissioners; compensation. 150, 155, 217, 220

2350

JOURNAL OF THE SENATE

HB 373--Decatur County; Board of Education; nonpartisan elections. ............................................ 150, 155, 217, 220
HB 374--Brewpubs; draft beer manufactured on premises; licensing; regulation. ............... 916, 925, 1352, 1354, 1533, 1676, 1773
HB 375--Premium Finance Companies; agreements; cancellation; returned checks. ............... 251, 255, 627, 649, 1179, 1181, 1460, 1580, 1581, 1611, 1661, 2073, 2076, 2146, 2292, 2310
HB 377--Sexual Offenses Against Children; Child Protection Act of 1995. ....................... 321, 324, 1428, 1429, 1533, 1619, 1919
HB 379--License Plates; staggered registration and payment of taxes; expiration; birth month of owner; 4 and 12-month systems. ............. 290, 295, 960, 989, 1180, 1194, 1700
HB 382--Georgia Housing and Finance Authority; state employees health' plan. .................... 290, 295, 682, 725, 1363, 1373
HB 385--Stewart County; Board of Education; districts; nonpartisan elections. ................................ 150, 156, 327, 329
HB 386--Stewart County; Transfer of Assets, Liabilities of the City of Omaha. ................................ 150, 156, 327, 329
HB 389--Coastal Marshlands; state-owned; leases for marinas or boat docks. ......... 718, 722, 836, 862, 1534, 1676, 1839, 2307
HB 395--Practical Nurses; licensure; applicants trained in another state. ......................... 881, 888, 988, 1068, 1226, 1323
HB 398--Suspend State, Local Taxes Upon Articles, Effects, Equipment or Materials Imported on Behalf of Olympic Participants. ........................ 622, 626, 682, 725, 1441, 1513, 1920
HB 399--Ad Valorem; exemption; historic fraternal benefit lodge; referendum. ...................... 830, 832, 892, 929, 1226, 1337, 1488, 1514, 1585, 1594
HB 401--Wildlife; wild alligators; unlawful to feed or bait; penalty. ..................... 228, 232, 472, 507, 1533, 1676, 1797
HB 405--Insurance; Underwriting; adverse decisions; revise definition. .......................... 290, 296, 682, 725, 1363, 1383
HB 406--State Schools for the Deaf and Blind; operation of; employee status. .......... 951, 954, 1426, 1429, 1533, 1675, 1749, 1920
HB 409--Offense of Fleeing Police Vehicle to Escape Arrest; penalty; damage issues, causation. ........... 952, 954, 1524, 1525, 1678, 1893, 2110, 2145
HB 412--Harris County; magistrate court fees to fund law library. ......................................... 188, 194, 234, 237
HB 413--Stalking and Aggravated Stalking; bail and appeal bond restrictions. ................. 641, 643, 1524, 1525, 1677, 1860
HB 415--Stalking, Aggravated; violation of peace bond or protective order. ................. 951, 954, 1524, 1525, 1677, 1861, 2306
HB 417--County, Municipal Bond Elections; legal advertisements; use of funds. ................................. 817, 832, 1221, 1354, 1438
HB 419--Excise Taxes on Public Accommodations; additional authorization; downtown development authority; contracting entities. ........ 1162, 1165, 1220, 1354, 1533, 1615, 1869, 1976
HB 423--Elections; special primaries, referendums; registration deadline. . . . . . 623, 626, 960, 989, 1364, 1404, 1407, 1440, 1470, 1702, 1746, 1864, 1932, 2165, 2293, 2310
HB 425--Bad Checks; deposit account fraud; complaints; service charges. ........................... 250, 255, 648, 683, 1226, 1323
HB 427--Gordon, City of; municipal court; powers; state misdemeanor cases. ............................. 188, 194, 234, 237

INDEX

2351

HB 431--Insurers; capital stock or surplus; revise

requirement amount. ...................... 290, 296, 682, 725, 1225, 1235

HB 433--Osteoporosis Prevention and Treatment Education

Program; provide. ........................................... 1161, 1165

HB 435--Probation Services; County and Municipal Probation

Advisory Council created; Community Service Judicial

Circuit Pilot Project established. . 1160, 1164, 1352, 1354, 1442, 1532, 1568,

1702, 1755, 1863, 1864, 2054, 2308

HB 436--Inmates; education; special school district

for youth; vocational training for adult

offenders. ........................... 641, 644, 957, 989, 1442, 1532, 1583

HB 440--House of Representatives; composition; change

9 districts. ........................ 639, 644, 1067, 1176, 1534, 1675, 1687

HB 441--Ad Valorem; taxpayer refunds; claims based

upon appealable grounds. . . 468, 471, 682, 725, 1532, 1609, 1610, 1656, 1918

HB 442--Sumter County; Board of Commissioners; change

compensation. ....................................... 208, 216, 507, 509

HB 444--Jail Officers, Juvenile Corrections Officers;

peace officer training. ..................... 830, 833, 959, 989, 1225, 1306

HB 451--Upson County; Board of Commissioners; election

districts; reapportion. ................................ 208, 216, 257, 259

HB 454--Tuberculosis, Contagious; patients; involuntary

treatment orders. ......................... 600, 603, 723, 757, 1225, 1247

HB 455--County Probation System Employees; define

as peace officers. .......................... 640, 644, 724, 757, 1180, 1183

HB 456--Raffles Offering Chance to Win Prizes; operation

by nonprofit organizations; approval by sheriff;

licensure. ...................... 1161, 1165, 1426, 1429, 1677, 1887, 2305

HB 462--Income Tax; withholding; federal Civil Service

Retirement benefits. .................. 640, 644, 892, 929, 1180, 1191, 1521

HB 466--Motor Vehicles or Trailers; adjusted rental

price not create a lien. .................... 622, 626, 891, 929, 1226, 1325

HB 467--Oconee County; Probate Court; judge; nonpartisan

elections. ............................................ 228, 232, 327, 329

HB 468--Magistrates; increase minimum annual salary;

longevity increases.

1058, 1062, 1352, 1354, 1442, 1531, 1560, 1921

HB 471--Engineers and Land Surveyors; professional

certification requirement. ...................... 717, 722, 989, 1068, 1442,

1531, 1555, 2140, 2191

HB 473--State Employees; wage deductions; transit

passes; professional dues. 718, 722, 929, 960, 1363, 1386, 1440, 1468, 1917

HB 474--State Employees; motor vehicle expense reimbursement

rate. ................................. 1060, 1062, 1351, 1354, 1532, 1607

HB 475--State Parks; Stone Mountain facilities subject

to certain taxation. ................... 600, 603, 835, 862, 1225, 1232, 1520

HB 477--Georgia Consignment of Art Act; enact. .... 640, 644, 927, 960, 1363, 1372,

1595, 1687, 1708, 1925, 2115, 2308

HB 480--Sales of Property in Custody of Law Enforcement;

items sold in lots. ..................... 1161, 1165, 1353, 1354, 1677, 1867

HB 482--Troup County; Board of Education; terms; change length. .............................................. 228, 232, 327, 329

HB 483--Probate Courts; Judges; retirement; benefits;

redefine surviving spouse. ............ 250, 255, 682, 725, 1534, 1676, 1840

HB 484--Judges; Probate Court; retirement; increase

time for vesting. ..................... 250, 255, 682, 725, 1534, 1676, 1841

2352

JOURNAL OF THE SENATE

HB 485--Probate Courts; Judges Retirement; spousal benefits; selection options.. ..................................... 250, 255
HB 489--Vessels; pilots, pilotage; licensing; fees; number for certain ports. ................... 623, 626, 722, 757, 993, 1024
HB 490--Trucks Hauling Certain Commodities; change maximum weight allowed. .................. 1050, 1062, 1429, 1532, 1600
HB 492--Probate Courts; Marriage Licenses; issuance at satellite courthouses. .................... 1058, 1062, 1221, 1354, 1438
HB 493--Probate Courts; Courthouse Sites; additional location; counties over 400,000. .............. 1059, 1062, 1221, 1354, 1437
HB 495--Parental Rights; termination proceedings; expedient hearings. .......... 882, 888, 1221, 1354, 1442, 1531, 1559, 1919
HB 497--Charlton County; Board of Education; election of deputy sheriff. ..................................... 250, 255, 327, 329
HB 498--Child Custody; parental visitation; family violence cases; taking unruly child into custody; holding for curfew violations, ............ 882, 889, 1220, 1354, 1440, 1478, 1481, 1531, 1535, 1815, 1833
HB 508--Coroners, Deputy Coroners; pronouncement of death; conditions. ............................................. 829, 833
HB 509--Parolees, Probationers; new offenses of physical injury or threats. ...... 943, 955, 1353, 1354, 1441, 1531, 1546, 1701, 2115
HB 510--Motor Fuel Taxes; exemption; dyed fuel oils for nonhighway use. ....................... 622, 626, 682, 725, 1180, 1192
HB 511--Highways; vehicle lengths; loads of wood products exceeding 60 feet. ............................. 882, 889, 1429, 1677, 1851
HB 513--Firearms; sale of handguns; state criminal background check law. ........................................ 636, 644
HB 516--Ticket Brokers and Scalpers; licensing; reselling admission tickets. ...... 750, 755, 1426, 1429, 1534, 1676, 1804, 2150, 2183
HB 517--Alcoholic Beverages; distilled spirits; sales by the drink; repeal in certain counties. ............ 717, 722, 927, 960, 992
HB 520--Offense of Abuse of a Dead Body Prior to Interment; penalties. ................... 883, 889, 1221, 1354, 1533, 1675, 1751, 1920
HB 523--Ad Valorem; unpaid taxes due to reasonable cause; waiver of penalty. .............. 1058, 1062, 1427, 1429, 1678, 1904
HB 524--Income Tax; credit; physicians practicing rural counties. ......... 882, 889, 1427, 1429, 1533, 1675, 1753, 1905, 1947
HB 525--Lee County; Utilities Authority; members; compensation; powers. ................................ 289, 296, 507, 509
HB 527--Lamar County; Probate Court; judge; nonpartisan nomination, election. ................................. 289, 296, 473, 474
HB 528--Public Health; create new state department and board. ................................................. 1060, 1063
HB 530--Torts; limitation on liability; volunteers in disaster emergencies. ............... 1058, 1063, 1524, 1525, 1677, 1859
HB 535--Effingham County; State Court; judge; change salary. .............................................. 289, 296, 472, 474
HB 539--Perry, City of; departments, agencies, manager; personnel. ........................................... 319, 324, 507, 509
HB 543--Cities Annexing Unincorporated Islands; preclearance procedures. ............................. 829, 833, 1221, 1354, 1440, 1476
HB 552--Roadways; riding bicycles on right side; exception; avoiding hazards. ....................... 639, 645, 1429, 1533, 1614, 1918
HB 553--Local Government Efficiency Grants; use of funds; redefine term. ...................... 829, 833, 929, 960, 1225, 1301

INDEX

2353

HB 556--Gilrner County; ad valorem school taxes; exempt certain age, income. .................................. 319, 324, 507, 509
HB 557--Long-term Care; ombudsman for residents; authority and training. ..................... 828, 833, 1222, 1354, 1533, 1657, 1815, 2032, 2130, 2146, 2192, 2308
HB 558--Health Care; alzheimer's patient facilities; osteoporosis education. ....... 883, 889, 1427, 1429, 1533, 1676, 1799, 2305
HB 559--State Symbols; official fruit; designate the peach. ................................... 640, 645, 681, 725, 1363, 1379
HB 563--Limited Liability Partnerships; comprehensive revisions. ......................... 880, 889, 1221, 1354, 1442, 1532, 1566
HB 567--Sales Tax; exemption; off-road vehicle; timber harvesting equipment. ..................... 640, 645, 892, 929, 1364, 1397
HB 570--Jobs First Program; test project; AFDC recipients assigned wage-paying jobs; employer tax credit. . . 1059, 1063, 1427, 1429, 1533, 1676, 1759, 1905, 2096
HB 571--License Plates; issuance; replacements; permanent plate for trailers. ......................... 751, 755, 960, 989, 1180, 1190
HB 574--Pelham, City of; mayor or council; filling of vacancies; city manager. ........................... 446, 449, 507, 509
HB 575--Ben Hill County; Board of Commissioners; change compensation. ....................................... 446, 449, 757, 759
HB 576--State Properties Commission; membership; organization; secretary. ................................ 751, 755, 892, 929, 1225, 1302
HB 578--Audit Reports; personnel salary, expense; expand entities who report. ................ 881, 890, 957, 989, 1441, 1497
HB 579--Workers' Compensation; Self-insurers Guaranty Trust Fund; assessments; audits; hospital authorities as self-insurers. ................. 1060, 1063, 1220, 1354, 1534, 1676, 1811
HB 581--Judicial Sales; legal advertising rates; computing allowable rates. ................ 502, 506, 1428, 1429, 1534, 1676, 1810
HB 592--District Attorneys; retirement benefits; computation basis. ............................... 600, 604, 682, 725, 1442, 1532, 1581
HB 593--Firemen's Pension Fund; fire departments; insurance rating standards. ................ 639, 645, 893, 929, 1678, 1897
HB 594--State Symbols; designate Georgia as Poultry Capital of the World. ...................... 600, 604, 681, 725, 1179, 1180
HB 595--Insurers; financial assets; include certain record keeping machines. ....... 1059, 1063, 1220, 1354, 1442, 1532, 1565
HB 596--Workers' Compensation; benefits; fraudulent claims; false advertisements; corporate exemptions; subrogation liens; redirect trust funds. .......... 952, 955, 1352, 1354, 1441, 1509, 1917
HB 598--Cobb County; State Court; appointment of a judge pro hac vice. ................................. 467, 471, 1524, 1525
HB 601--OCGA; delete term "handicap"; insert term "persons with disabilities or disabled"; government vehicles, 5-year license plates. ... 1058, 1064, 1429, 1677, 1866, 2110, 2114, 2184, 2187, 2247, 2274, 2309
HB 605--County Officers; employing individual legal counsel; circumstances. ............. 883, 890, 1524, 1525, 1677, 1871, 2305
HB 609--Motor Common Carriers; PSC certificates; rules, jurisdiction. .................... 1059, 1064, 1525, 1677, 1868, 2220, 2227
HB 610--DUI Alcohol or Drugs; chemical tests; implied consent notice. .............................. 1059, 1064, 1221, 1354, 1441, 1511, 1515, 1531, 1676, 1845, 2158, 2196

2354

JOURNAL OF THE SENATE

HB 611--Dangerous Drugs; regulate distributors, researchers, pharmacists. .................................... 1058, 1064, 1427, 1429
HB 616--Insurers; genetic testing restrictions; special assessment to fund fraud investigations; continuity of health insurance coverage. .................... 883, 890, 1524, 1525, 1675, 1684, 1886, 2035
HB 619--Garden City; recorder's court; ordinance violations; punishment. ......................................... 467, 471, 648, 651
HB 621--Georgia Land Sales Act; revise provisions; subdivided land sales. ..................... 829, 833, 927, 960, 1225, 1302
HB 622--Time-share Act; comprehensively revise regulatory laws, instruments. ........................ 829, 834, 927, 960, 1225, 1303
HB 624--Cobbtown, City of; new charter; recreate and reincorporate. ....................................... 467, 471, 648, 651
HB 626--Insurance Commissioner; authority; service agreements; reports. ......... 883, 890, 1220, 1354, 1534, 1676, 1815, 1820
HB 627--Criminal Cases; transfer of venue for purpose of pleas; mental incompetency; rehearings; discovery in felony cases. ....................... 640, 645, 893, 929, 1534, 1676, 1824, 2165, 2200
HB 629--Walton County Commission on Children and Youth; clarification. ......................................... 502, 506, 648, 651
HB 636--Poll Officers; chief manager; increase per diem; certain counties. ..................... 1060, 1064, 1221, 1354, 1437
HB 637--Lowndes County; State Court; full-time solicitors; private law practice. .......................... 599, 604, 648, 651
HB 639--Lamar County; Probate Court; judge; jurisdiction; misdemeanor cases. .................................. 599, 604, 648, 651
HB 640--Municipal Employees Retirement Plans; limit employee contributions. ................... 750, 756, 893, 929, 1180, 1189
HB 641--Public Officials; State Transportation Board and Rail Passenger Authority members; expense allowances. ..................... 1058, 1064, 1525, 1678, 1904, 2135, 2306
HB 642--Muscogee County; Board of Elections; vacancies; executive director. ................................... 599, 604, 648, 651
HB 645--Habersham County; Coroner; change salary. ........... 599, 604, 648, 651 HB 646--Children and Youth Services Department; accepting
donations, gifts. .......................... 883, 890, 988, 1068, 1225, 1248 HB 653--OCGA; delete term "handicap"; insert term
"persons with disabilities; remove accessibility barriers to public facilities. ....................... 1059, 1065, 1427, 1429
HB 655--Dogs, Police; criminal offense of destroying or injuring. ........................................ 951, 955, 1221, 1354
HB 662--Retirement, Certain Public Systems; trustees; investment authority. .............. 882, 890, 1427, 1429, 1678, 1898, 2305
HB 669--Insurers; health care plans; conversion from nonprofit to a for-profit corporation; procedures. ........................ 951, 955, 1428, 1429, 1532, 1585, 1918
HB 670--Business Corporation Code; amend provisions; limited liability companies; articles; voting shares; officers; foreign; nonprofit. .................... 882, 891, 1352, 1354, 1442, 1531, 1561, 1918
HB 674--Ila, City of; mayor and council members; terms of office. ............................................. 639, 645, 893, 895
HB 677--Insurance; automobile liability self-insurers; cash deposits. ..................... 983, 986, 1220, 1354, 1678, 1903, 2151

INDEX

2355

HB 678--Teachers Receiving National Certification;

increase state salary. ............... 983, 986, 1427, 1429, 1534, 1676, 1812

HB 680--Alcoholic Beverages; distilled spirits, sales

by the drink; calling a referendum on the

question. .......................... 980, 986, 1220, 1354, 1442, 1531, 1552

HB 684--Sales Tax; exemption; sales by parent-teacher

organizations.

... 751, 756, 892, 929, 1180, 1211, 1213, 1531, 1554

HB 694--State Agencies; prohibited expenditures; certain

activity, behavior. ........................................... 1024, 1065

HB 698--Chatham County; Certain Officials; change

compensation. ....................................... 639, 646, 757, 759

HB 699--Camden County; Board of Commissioners; conflict

of interest votes; deputy sheriffs. ............................... 639, 646

HB 704--Juror Selection; lists; oaths; contempt of

court; challenges; facilities for empaneling;

transfer of venue; jury commissioners. ......... 983, 986, 1524, 1525, 1675,

1735, 2130, 2188

HB 717--Vehicle Loads; excess maximum length; single-trip

emergency permit. ......................... 1095, 1097, 1429, 1678, 1904

HB 738--Lumpkin, City of; Corporate Limits; change. .......... 750, 756, 1921, 1927

HB 741--Hagan, City of; new charter; incorporation,

boundaries, powers. .................................. 750, 756, 893, 895

HB 753--Gordon County; Probate Court; judge; nonpartisan election. ............................................. 750, 756, 893, 895

HB 755--Ad Valorem; standing timber assessment; calculating

millage rate. .......................... 1158, 1162, 1427, 1429, 1675, 1721

HB 757--Inmates; medical treatment; repayment; persons

in workcamps or municipal or county detention

facilities. ............................. 1159, 1163, 1352, 1354, 1441, 1512

HB 761--Monroe, City of; Community Antenna Television

and Telecommunications Services. ..................... 828, 834, 893, 895

HB 762--Monroe, City of; City Council; number of members;

election districts; terms. .............................. 828, 834, 893, 895

HB 763--Carroll County Water Authority; revenue bonds. .... 828, 834, 1353, 1361

HB 764--Ephesus, City of; mayor and council; election;

posts; compensation. ................................. 828, 834, 989, 991

HB 765--Hospital Authorities; managed health care

networks, plans; participating providers;

Medicaid contracts. ............. 1160, 1164, 1427, 1429, 1532, 1606, 1918

HB 775--Gordon County; Board of Commissioners; compensation. . 858, 861, 989, 991

HB 780--Fulton County; ad valorem taxes; exempt certain

disabled or elderly. ............................... 1168, 1172, 1524, 1527

HB 789--Oglethorpe County; Probate Court; judge; nonpartisan

elections. ............................................ 858, 861, 989, 991

HB 790--Airport Properties Split by County Lines;

return of ad valorem taxes. ............ 1159, 1163, 1427, 1429, 1675, 1698

HB 791--Banks; instruments not presented for payment;

service charges. ......................... 951, 955, 1352, 1354, 1441, 1493

HB 799--Fulton County Library System; board of trustees;

change membership. ............................... 880, 891, 1175, 1179

HB 800--Dacula, City of; mayor and council; filling vacancies in office. .......................................... 1346, 1350

HB 801--Arcade, Town of; new charter. ....................... 880, 891, 1428, 1431

HB 803--Cherokee County; ad valorem school taxes;

exemption; age and income. ......................... 880, 891, 1354, 1357

2356

JOURNAL OF THE SENATE

HB 805--Augusta-Richmond County Commission-Council; reorganized, consolidated government; transition task force; referendum. ........................... 1622, 1649, 1921, 1927
HB 808--Rockdale County; Board of Elections and Registration; creation. .......................................... 915, 926, 1068, 1070
HB 809--Rockdale County; Magistrate Court; law library fees. .............................................. 915, 926, 1068, 1071
HB 810--Roswell, City of; ad valorem exemption; certain age, income. ..................................... 1168, 1172, 1354, 1360
HB 811--Taylor County Building Authority; creation. .......... 915, 926, 1175, 1178
HB 812--Clermont, Town of; mayor and council; qualifications. ..................................... 915, 926, 1068, 1071
HB 814--Taylor County Water and Sewerage Authority; creation. .......................................... 915, 926, 1175, 1178
HB 817--Sumner, Town of; new charter; corporate boundaries. . . 915, 926, 989, 991
HB 819--Avondale Estates; mayor, board of commissioners; elections; vacancies. .................................. 915, 926, 989, 991
HB 821--Lookout Mountain Judicial Circuit; court reporters; compensation. ..................................... 950, 956, 1175, 1431
HB 823--Stone Mountain Judicial Circuit; judges; salary supplement. ..................................... 1168, 1172, 1428, 1431
HB 824--Business Opportunity Statutes; retail centers; leases; mobile or temporary retail pushcarts or kiosks. ......................... 1160, 1164, 1352, 1354, 1441, 1531, 1539
HB 826--Lumpkin County; ad valorem; school taxes; homestead exemption. .............................. 950, 956, 1068, 1071
HB 827--Catoosa County; Board of Utilities Commissioners; group health insurance. ............................ 950, 956, 1175, 1224
HB 829--Chatham County; Recreation Authority and Georgia International and Maritime Trade Center Authority; repeal 1994 Act. ................................... 950, 956, 1068, 1071
HB 830--Chatham County Recreation Authority; creation. .... 950, 956, 1068, 1071
HB 846--Upson County; Board of Commissioners; compensation. ..................................... 982, 986, 1524, 1527
HB 848--Pike County; Board of Commissioners; reapportion election districts. ................................... 982, 986, 1175, 1178
HB 853--Lexington, City of; mayor and council members; terms of office. ..................................... 982, 987, 1068, 1071
HB 854--Wilkes County; Washington-Wilkes Payroll Development Authority; powers; projects. ......................... 982, 987, 1175, 1178
HB 855--Wilkes County; Magistrate Court; chief magistrate; nonpartisan election. .............................. 982, 987, 1068, 1071
HB 856--Tignall, Town of; municipal court; misdemeanor offenses; penalties. ................................. 982, 987, 1175, 1178
HB 857--Wilkes County; Probate Court; judge; nonpartisan elections. ........................................:. 983, 987, 1068, 1070
HB 858--Rockdale County; Board of Commissioners; advertising of bids. ............................................ 983, 987, 1175, 1178
HB 865--Waycross, City of; change corporate limits. ......... 1420, 1425, 1524, 1527
HB 867--Woolsey, Town of; new charter; recreate and reincorporate. ..................................... 983, 987, 1354, 1360
HB 868--Campaign Contributions; disclosure; report accuracy; loans to campaign committees; return excess contributions. .................................. 1162, 1165
HB 869--Warner Robins, City of; ad valorem taxes; exempt senior citizens. ........................... 1056, 1065, 1354, 1357

INDEX

2357

HB 872--Butts County; Probate Court; judge; nonpartisan

elections. ........................................ 1056, 1065, 1354, 1357

HB 874--Mitchell County; Board of Education; compensation;

per diem. ....................................... 1056, 1065, 1354, 1357

HB 877--Butts County; Magistrate Court; chief magistrate;

nonpartisan election ............................. 1056, 1065, 1354, 1357

HB 879--Cherokee County; Water and Sewerage Authority;

members; qualifications; compensation. ............ 1056, 1065, 1354, 1357

HB 882--Harris County Public Improvements Authority; creation. ........................................ 1056, 1066, 1354, 1357

HB 883--Harris County; NNHarris County Streets and

Road Authority; creation. ......................... 1057, 1066, 1354, 1358

HB 888--Burke County; State Court; judge; compensation. 1057, 1066, 1663, 1666

HB 893--Ocilla, City of; mayor and council; districts; elections. ........................................ 1057, 1066, 1354, 1358

HB 897--Forsyth, City of; mayor and council; elections. ...... 1057, 1066, 1524, 1528

HB 898--Shady Dale, City of; new charter..................... 983, 987, 1354, 1358

HB 902--Putnam County; Board of Education; change

compensation. ................................... 1168, 1173, 1354, 1358

HB 903--Chatham County; Magistrate Court; appointment

of part-time magistrates. ......................... 1168, 1173, 1354, 1358

HB 904--Henry County; ad valorem; exemption; elderly

residents; referendum............................. 1169, 1173, 1354, 1358

HB 905--Webster County; Board of Commissioners; office

of treasurer abolished. ............................ 1169, 1173, 1354, 1358

HB 906--Upson County; Board of Commissioners; county

administrator; appointment. ...................... 1169, 1173, 1524, 1528

HB 908--Peach County; ad valorem; school taxes; exempt

certain residents. ................................ 1169, 1173, 1354, 1358

HB 909--Dawson, City of; municipal court; punishment

for contempt. .................................... 1169, 1173, 1354, 1360

HB 910--Pike County Agribusiness Authority; creation. ...... 1214, 1218, 1353, 1360

HB 913--Forest Park, City of; redevelopment powers. ........ 1169, 1174, 1428, 1431

HB 914--Georgia International and Maritime Trade Center

Authority; creation. .............................. 1169, 1174, 1354, 1359

HB 917--Dooly County; Board of Commissioners;

compensation. ................................... 1169, 1174, 1354, 1359

HB 918--Cleveland, City of; Mayor, Council; powers,

duties; city administrator. ........................ 1170, 1174, 1354, 1360

HB 919--Cobb County; State Court; judges; compensation. 1170,1174,1353,1360

HB 920--Leesburg, City of; Mayor and Councilmembers;

salary. .......................................... 1214, 1218, 1428, 1431

HB 922--Cobb County; Superior Court; deputy clerk;

compensation. .................. 1170, 1174, 1428, 1431, 1433, 1436, 1919

HB 923--Cobb County; State Court; clerk and chief deputy clerk;

compensation. ............. 1170, 1175, 1429, 1432, 1434, 1436, 1719, 2051

HB 932--Macon-Bibb County Transit Authority; composition;

revise board. .................................... 1170, 1175, 1353, 1361

HB 933--Camden County; Board of Commissioners; voting;

county administrator; clerk. ....................... 1170, 1175, 1354, 1359

HB 935--DeKalb County; ad valorem; exemption; collection

of local sales tax. ........................................... 1214, 1218

HB 936--Lawrenceville, City of; corporate limits; deannex certain property. ......................... 1214, 1218, 1662, 1666

HB 937--Blackshear, City of; change corporate limits

1214, 1218, 1428, 1432

HB 938--Bibb County; Civil Court; jurisdiction. ............. 1214, 1219, 1354, 1361

2358

JOURNAL OF THE SENATE

HB 944--Morgan County; Board of Commissioners; chairman; compensation .................................... 1214, 1219, 1353, 1361
HB 945--Catoosa County; Tax Commissioner; clerical help; compensation. .............................. 1215, 1219, 1353, 1361
HB 946--Cleveland, City of; Police Court; appeals procedures. ...................................... 1215, 1219, 1353, 1361
HB 947--Evans County; Board of Commissioners; election districts; reapportion. ............................ 1346, 1350, 1524, 1528
HB 948--Evans County; Board of Education; election districts; U.S. District Court orders. ............... 1346, 1350, 1524, 1528
HB 949--Cobb Judicial Circuit; investigators, assistant DAs; compensation. .............................. 1215, 1219, 1428, 1432
HB 950--Warner Robins, City of; Corporate Limits; change. ......................................... 1215, 1219, 1353, 1361
HB 951--Cherokee County Parks and Recreation Authority; creation. ........................................ 1346, 1350, 1428, 1432
HB 952--Duluth, City of; corporate limits; clarify. ........... 1346, 1350, 1524, 1528
HB 953--Cobb County; Sheriff; chief deputy, investigator, executive assistant; qualifications; compensation. .................. 1346, 1350, 1428, 1432, 1435, 1436, 1919
HB 956--Macon County; Board of Education; compensation; expense reimbursement. .......................... 1347, 1350, 1662, 1666
HB 957--Jefferson County; Magistrate Court; chief deputy; change compensation ............................. 1347, 1350, 1525, 1528
HB 964--Jones County; Board of Education; election districts; composition. ............................ 1347, 1351, 1428, 1432
HB 965--Jones County; Board of Commissioners; reconstitute; qualifications; elections. .......................... 1347, 1351, 1428, 1432
HB 969--DeKalb County; Magistrate Court; chief magistrate; compensation. ................................... 1347, 1351, 1428, 1433
HB 970--Carroll County; State Court; judge; nonpartisan elections. ........................................ 1215, 1219, 1353, 1361
HB 971--Carroll County; Board of Education; nonpartisan elections. ........................................ 1215, 1219, 1353, 1361
HB 972--Carroll County; Magistrate Court; chief magistrate; nonpartisan elections. ............................ 1215, 1220, 1354, 1362
HB 973--Carroll County; Board of Education; new election districts. ................................................... 1215, 1220
HB 976--Cobb County; Probate Court; judge and clerk; change compensation ............................. 1347, 1351, 1428, 1433
HB 979--Statesboro; officers, employees; duties; bonds; oaths; committees. ............................... 1347, 1351, 1524, 1528
HB 983--Twiggs County; Board of Education; election districts. ........................................ 1420, 1425, 1524, 1528
HB 984--Upson County; Probate Court; judge; nonpartisan elections. ........................................ 1420, 1425, 1524, 1528
HB 985--Cobb Judicial Circuit; district attorney; investigators, assistants. ......... 1420, 1425, 1921, 1927, 1929, 1932, 2307
HB 986--Kennesaw, City of; corporate limits; previously annexed land. ................................... 1420, 1425, 1524, 1529
HB 994--Haralson County; Board of Education; election districts. ........................................ 1420, 1425, 1524, 1529
HB 995--Smyrna, City of; ad valorem; delinquent tax; interest, penalty waiver. .......................... 1421, 1425, 1662, 1666
HB 996--Cobb County; State Court; solicitor; increase compensation. ................................... 1421, 1425, 1921, 1927

INDEX

2359

HB 997--Chatham County; Certain Court Officials; increase

compensation. ................................... 1421, 1426, 1524, 1529

HB 998--Bulloch County; State Court; judge, solicitor;

increase compensation ............................ 1421, 1426, 1524, 1529

HB 1001--Dodge County; Board of Education; nonpartisan

elections. ........................................ 1421, 1426, 1662, 1666

HB 1002--Heart of Georgia Regional Airport Authority;

creation. ........................................ 1577, 1578, 1662, 1666

HB 1007--Bowersville, Town of; new charter. ................ 1515, 1522, 1662, 1666

HB 1008--Pike County; Board of Education; nonpartisan

elections. ........................................ 1515, 1522, 1921, 1927

HB 1010--Pike County; Board of Commissioners; chairman,

members; compensation. .......................... 1515, 1522, 1921, 1928

HB 1011--Pike County; Board of Education; compensation. 1515, 1522, 1921, 1928

HB 1013--DeKalb County; Certain County Officers; change

compensation. ............................. 1516, 1522, 1921, 1928, 1929,

1932, 2099, 2140, 2153

HB 1016--Henry County; Development Authority; members;

terms; appointment; posts. ....... 1516, 1522, 1921, 1928, 1930, 1932, 2305

HB 1017--Leesburg, City of; corporate boundaries;

change. ......................................... 1516, 1522, 1662, 1666

HB 1018--Baldwin County; ad valorem taxes; exempt

certain leased homesteads. ....... 1516, 1523, 1663, 1666, 1667, 1674, 1919

HB 1019--Putnam County; ad valorem taxes; exempt certain

leased homesteads. .............. 1516, 1523, 1662, 1665, 1670, 1674, 1919

HB 1020--Pierce County; Board of Education; election

districts; descriptions. ............................ 1516, 1523, 1662, 1665

HB 1021--Pierce County; Board of Commissioners; elections

districts; descriptions. ............................ 1516, 1523, 1662, 1665

HB 1022--Bacon County; Board of Commissioners;

compensation. ................................... 1516, 1523, 1662, 1665

HB 1023--Alcovy Judicial Circuit; judge; salary supplement;

cost-of-living. .................................... 1517, 1523, 1662, 1665

HB 1029--Blairsville, City of; Corporate Limits;

deannex certain property ......................... 1577, 1578, 1662, 1665

HB 1031--Hazlehurst, City of; mayor; duties; work hours;

compensation .................................... 1577, 1578, 1662, 1665

HB 1037--Jones County; Board of Elections and Registration;

creation. .............................................. 1705, 1921, 1928

HB 1038--Monroe County; County Landfill; restrictions;

private ownership; outside waste. ....................... 1705, 1921, 1928

HB 1039--Buchanan, City of; corporate limits; annex

certain right of way. ................................... 1706, 1921, 1928

HB 1040--White County; Board of Commissioners; re-create.

1706, 1921, 1928

HB 1041--Forsyth County; Board of Commissioners; expense

allowance. ............................................. 1706, 1921, 1928

HB 1042--Richmond County; Public Schools; changing

symbolic colors or mascot; procedures. .............................. 1706

HB 1043--Hart County; Probate Court; judge; superior

court clerk; compensation. .............................. 1706, 1921, 1929

HB 1044--Hart County; Tax Commissioner; compensation.

1706, 1921, 1929

HB 1050--Hephzibah, City of; repeal charter; consolidation

process. ............................................... 1706, 1921, 1929

HB 1051--Augusta, City of; repeal charter; consolidation

with County. .......................................... 1706, 1921, 1929

HB 1052--Monroe County; Board of Commissioners; compensation. 1706, 1921, 1929

2360

JOURNAL OF THE SENATE

HB 1053--Monroe County; Registrar; retention of fees; vital records services. .................................. 1707, 1921, 1929
HB 1057--Lithia Springs Community Improvement Districts; create. ........................................................... 1947

INDEX

2361

HOUSE RESOLUTIONS

HR 13--House of Representatives; Convened; notify Senate.

19

HR 15--General Assembly; Joint Sessioii; message from

Governor; January 12............................ ............ 33, 43, 62

HR 16--Justices and Appellate Judges; invite General

Assembly Session. .............................................. 33, 44

HR 17--Chief Justice Willis B. Hunt, Jr.; message

to General Assembly. ......................................... 33, 44, 49

HR 18--General Assembly; Adjournment; January 13 to

January 23. ......................... 19, 44, 79, 149, 288, 598, 749, 1419

HR 21--Designate; Denmark Groover, Jr. Correction's

Hospital; Bibb County. . . . . 131, 133, 450, 473, 1534, 1675, 1683, 1772, 2103

HR 49--Property Conveyance; exchange of property;

MARTA and World Congress Center International

Plaza. ........................ 131, 133, 233, 258, 299, 331, 451, 456, 476

HR 55--James H. "Sloppy" Floyd Veterans Memorial Building;

WWII display. ..................... 131, 133, 233, 258, 299, 331, 451, 456

HR 78--Claims Against the State; Sue F. Condrey;

compensate. ............................... 1096, 1426, 1429, 1852, 2306

HR 79--Lake Oconee Parkway; designate;

State Highway 44. ................... 469, 471, 960, 989, 1679, 1904, 2152

HR 80--Claims Against the State; Alonzo Key;

compensate. .................... 1095, 1096, 1426, 1429, 1853, 2131, 2143

HR 81--Rhodes Memorial Hall; rental agreement; Georgia

Trust for Historic Preservation, Inc. ........ 251, 256, 627, 649, 1363, 1382

HR 94--Designate; Charles Hardy Parkway; Hwy 120 in

Paulding County. ......................... 189, 194, 682, 725, 1532, 1608

HR 95--Aged and Disabled Transportation Task Force;

recreate. .............. 641, 646, 1428, 1429, 1677, 1867, 2141, 216S, 2285

HR 100--Claims Against the State; William H. Clark;

compensate. ................................................ 1096, 1351

HR 102--Claims Against the State; Carrie Fletcher;

compensate. ................................................ 1096, 1351

HR 122--Georgia State Museum and State Library Study

Commission; re-create. ............. 641, 646, 1428, 1429, 1678, 1898, 2139

HR 155--Property Conveyance; Georgia School for the Deaf old campus; U.S.

Highway 41, consent to annex portion of . 321, 325, 627, 649, 1225, 1305,

1321, 1521

HR 156--Official State Sorghum Festival; designate

festival in Blairsville. ......................................... 321, 325

HR 159--Georgia School for the Deaf; old campus; annexation

by Cave Spring. .......................... 321, 325, 627, 649, 1363, 1381

HR 160--Designate; M.L. King, Jr. Drive; State Highway

333, Brooks County. ................... 189, 194, 327, 450, 478, 1363, 1378

HR 161--Rosa M. Tarbutton Memorial Library; designate

in Sandersville. ............................................... 321, 325

HR 172--Claims Against the State; Charlotte Brandenburg;

Carrie Fletcher; compensate. ................ 1096, 1426, 1429, 1854, 2306

HR 173--Peanut Products; point of origin; national

labeling; urge Congress. ............... 229, 232, 325, 450, 478, 1440, 1482

HR 174--Brooks County; Bowens Mill Pond; easement

to Jane B. McLane. ....................... 251, 256, 627, 649, 1364, 1403

2362

JOURNAL OF THE SENATE

HR 185--Fort Valley State College, 100th Anniversary;

honoring. ..................................................... 151, 157

HR 189--Designate; Michael J. Padgett, Sr., Highway

in Augusta. ......................................... 321, 325, 682, 725

HR 195--Designate; Old Milton Parkway; Old Milton

County Bridge; Fulton County. ........ 321, 325, 960, 989, 1533, 1674, 1679

HR 231--Property Conveyance; Carroll, Whitfield and

Stephens Counties.

952, 956, 1067, 1176, 1678, 1904, 2125, 2306

HR 232--Property Conveyance; convey armory site to

City of Reidsville. ......................... 830, 834, 927, 960, 1364, 1413

HR 233--Designate; Private Lucy Matilda Gauss Bridge;

Coffee County. ....................... 641, 646, 960, 989, 1534, 1675, 1682

HR 234--Fort Yargo State Park; fire tower site; lease

to City of Winder. .................................... 601, 604, 682, 725

HR 238--General Assembly; Joint Session; address by

Honorable Newt Gingrich, Speaker of U.S.

House of Representatives. ................................. 251, 259, 606

HR 242--Georgia Agricultural Exposition Center Horse

Racing Facility Study Committee.

858, 861, 1921, 1923

HR 259--Illegal Drugs; urge Congress use military

resources to combat. .......................................... 830, 834

HR 260^Joint Study Committee on Pilot Projects; Cobb

Judicial Circuit. .............................................. 676, 681

HR 261--Wickham, D. Neal; designate portion Pine Mountain

Trail to honor. ............................ 502, 506, 723, 757, 1225, 1305

HR 276--Designate; James Cecil Harper, Jr., Bridge;

S.R. 32 west of Nicholls. .............. 641, 646, 960, 989, 1534, 1675, 1682

HR 277--Claims Against the State; Robert T. Cramer;

compensate. ............................... 1096, 1426, 1429, 1856, 2110,

2133, 2159, 2199, 2286, 2309

HR 280--Calling for a Conference of States; process

to receive proposals to restore State-Federal

Partnership. ....................... 884, 891, 1430, 1524, 1525, 1677, 1863

HR 290--Federal Estate Taxes; urge Congress increase exemption amount. ................................... 830, 835, 927, 960

HR 291--Designate; Bartow Gibson Highway; Seminole County. ........................... 883, 891, 1068, 1176, 1679, 1904, 2143

HR 293--Eddie Eagle Gun Safety Program of NRA; encouraging

its use. ............................ 984, 988, 1427, 1429, 1533, 1674, 1680

HR 298--Property Conveyance; Richmond County; agreement; license test site. .............................................. 830, 835

HR 304--Designate; Wade R. Milam, Jr., Bridge; Troup

County. ................................................. 984, 988, 1429

HR 316--Cumberland Island and City of St. Marys; urge

National Park Service adopt plan for certain historic properties. ................................................... 751, 756

HR 319--Claims Against the State; Five Star Dodge,

Inc.; William H. Clark; compensate. . . 1096, 1097, 1426, 1429, 1857, 2110,

2133, 2159, 2188, 2228, 2309

HR 323--Regional Development Centers; territorial boundaries;

ratify changes. .............................................. 1158, 1165

HR 324--Georgia Future Communities Commission;

creation. ....................... 1159, 1166, 1353, 1354, 1534, 1675, 1699

HR 334--Milledgeville; 3 surplus land parcels custody of DHR;

sell by competitive bid; repeal certain Acts. ......... 1060, 1066, 1427, 1429

INDEX

2363

HR 335--Property Conveyance; State Farmers Market Shed; extend lease to Pelham Development Corporation. .................... 1060, 1066, 1427, 1429, 1678, 1904, 2138
HR 351--Property Conveyance; Stephens County; National Guard facility. ..................................... 983, 988, 1427, 1429
HR 358--Property Conveyances; leases; Black Rock Mountain State Park, West Point Lake and Fort Yargo State Park. 1161, 1166, 1427, 1429, 1533, 1674, 1679, 2090, 2120, 2306
HR 368--Designate; Pete Hackney Parking Facility; new GBA parking lot. ................... 917, 926, 1353, 1354, 1441, 1498
HR 382--Women's History Month; designate March, 1995. ........ 1162, 1167, 1353, 1354, 1534, 1675, 1681
HR 384--Gwinnett Judicial Circuit; pilot projects; joint committee to study. ...................................... 984, 988
HR 388--Property Conveyance; Possum Poke Roadside Park to City of Poulan. ................ 1162, 1166, 1427, 1429, 1677, 1850
HR 403--General Assembly; Adjournment; February 22 to February 27. ............................................... 877, 878
HR 417--Joint Study Committee on School Construction; creation. ............................. 1161, 1166, 1524, 1525, 1677, 1863
HR 419--Property Conveyance; Bartow County; W&A Railroad right of way. ........... 1159, 1166, 1427, 1429, 1677, 1869, 2132
HR 420--Joint Study Committee on DeKalb County's Form of Government. ................. 1060, 1066, 1353, 1354, 1677, 1874, 2144
HR 432--Boland, Bishop John Kevin, New Bishop of Savannah; welcoming. ................................................... 917, 930
HR 433--Lessard, Most Reverend Raymond William, Bishop of Savannah; commend. ....................................... 917, 930
HR 437--Designate; Harold G. Clarke Parkway on S. R. 18, Monroe County. ................... 1161, 1166, 1429, 1677, 1849
HR 438--Designate; Benson Ham Road; 1-75 frontage road; Monroe County. ...................... 1161, 1166, 1525, 1677, 1850
HR 448--Designate; Walter E. Cox Parkway; Ga. Hwy 1 and U.S. Hwy 27. ................... 1159, 1166, 1429, 1534, 1675, 1680
HR 459--Women in State Legislatures; 100th year; recognize and commend. ................................................ 984, 990
HR 497--Yeargin, Charles W.; Urge name building to honor; Athen Tech, Elbert County. .......... 1159, 1166, 1428, 1429, 1923
HR 501--Designate; John R. McKinney Medal of Honor Highway; Screven County. .................. 1424, 1426, 1525, 1675, 1705
HR 535--Highway 441 in Rabun County; design restrictions; limiting access. ........................................ 1520, 1664, 1918
HR 601--General Assembly; Adjournment; March 15 to March 17, 1995. ....................................... 1815, 1859, 1916

2364

JOURNAL OF THE SENATE

ALPHABETIC INDEX--1995 SESSION

AARP DAY AT THE CAPITOL; declaring. ................................. SR 219

ABORTION Health Care Providers Advocating; selecting alternative services. Woman's Right to Know Act; require give female certain information.

SB 417 SB 327

ACWORTH, CITY OF; corporate limits; consent to annex U.S. Highway 41. ............................................................ HR 155

AD VALOREM TAX (Also See Revenue and Taxation and Homestead

Exemption)

Airport Properties Split by County Lines; return of property taxes. .......... HB 790

Delinquent Properties; tax liens; foreclosure sale; new procedures.

SB 338

Delinquent Taxes Due to Reasonable Cause; waiver of interest penalty. ...... HB 523

Exemption; property of a nonprofit museum; statewide referendum. .......... HB 252

Exemption; property of historical fraternal benefit association. .............. HB 399

Homestead Option Sales and Use Tax Act; enact. .......................... HB 108

Local Financing of Education; study of options to property taxation.

SR 202

Motor Vehicles and Mobile Homes; staggered time for payment of taxes.

SB 280

Motor Vehicles, Mobile Homes; time for payment of taxes. .................. HB 379

Property Located Enterprise Zones in Unemployment Areas; tax credits.

SR 64

Property Located in Enterprise Zones; separate tax treatment;

local referendum; amend Constitution. ...............................

SR 63

Property Sold During Taxable Year; seller and purchaser liability.

SB 86

Property Tax Credit Deductible from Income Tax Liability. .................. HB 38

Standing Timber Assessment; weighted average prices; owner harvests. ...... HB 755

Tax Delinquent Property; acquisition by land bank authorities; bids.

SB 89

Tax Executions; delinquent property taxes; consent to transfer.

SB 88

Tax Executions; selling and transferring; lot blocks; notice of sale.

SB 89

Tax Reduction; local school districts sharing proceeds of special

purpose county sales tax. .............................................. SR 180

Taxpayer Refunds; claims based upon certain appealable grounds.

HB 441

ADAMS, JOHN OF COLUMBUS; commend ............................... SR 295

ADJOURNMENT

General Assembly; February 22 to February 27.

SR 256

General Assembly; February 22 to February 27. ........................... HR 403

General Assembly; January 13 to January 23. .............................. HR 18

General Assembly; March 1 to March 6. ................................... SR 289

General Assembly; March 15 to March 17. ................................. HR 601

ADMINISTRATIVE OFFICE OF THE COURTS; Duties; distributing to courts; rate of interest on judgments. ................................. SB 180

ADMINISTRATIVE PROCEDURE ACT

Applicability to Title 12; decisions of Natural Resources Department.

SB 202

Applicability to Title 27; decisions of Board of Natural Resources.

SB 201

Office of State Administrative Hearings; disputed federal retiree

refund claims. ......................................................... HB 90

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INDEX

2365

Office of State Administrative Hearings; disputed tax refunds;

federal retirees; failure to file timely claims. .............................. HB 3

Professional, Business Licensing; appeals in disciplinary actions. ............ HB 326

Professional Practices Commission; cases involving educators. ............... SB 281

Professional Practices Commission; hearings involving educators.

SB 294

State Agencies; proposed rule adoption; prohibit during certain time. ........ SB 451

ADMINISTRATIVE SERVICES DEPARTMENT Duties; administer child support state registry; computer access. ............. HB 72 State Agencies; emergency purchasing powers. ............................. HB 288

ADOPTION

Adoption Decrees; time period for judicial challenge.

SB 307

Children; parent or guardian prohibited sell or offer for sale. ................ SB 130

Families Adopting Child With Certain Handicaps; increase assistance.

HB 253

ADVANCED PLACEMENT/AP TESTING Payment of Fees; students enrolled private secondary schools. Payment of Fees; students in private schools or home study programs.

SB 282 HB 365

ADVERTISING (Also See News Media)

Facilities Offering Specialized Care for Alzheimer's Patients. ...

HB 558

Judicial Sales; legal advertising rates; computing allowable rates.

HB 581

Legal Services; cause of action for false advertising; damages.

SB 249

Outdoor Advertising Along State Highways; prohibit tree cutting.

SB 169

Outdoor Advertising Signs on Public Roads; redefine terms, policy. .......... SB 319

Outdoor Advertising; tree trimming permits; application, renewal fee.

SB 321

Public Safety Nomenclature Act; unauthorized use of name or emblems. . . . . . HB 212

Telephone Classified Advertising Directories; deceptive solicitation.

SB 361

Workers' Compensation Truth in Advertising Act of 1995. .................. SB 323

Workers' Compensation Truth in Advertising Act of 1995; enact.

HB 596

AFRICAN AMERICAN BUSINESS ENTERPRISE DAY; recognizing. ....... SR 155

AGED (See Elderly)

AGED AND DISABLED TRANSPORTATION TASK FORCE; recreate.

HR 95

AGRICULTURE

Agricultural Business Development of Communities; task force created. ...... SR 253

Agricultural Education; joint committee to study up-dating programs. ........ SR 163

Agricultural Property; income tax credit for ad valorem property tax. ......... HB 38

Aquaculture Development Commission; membership; subcommittees. ........ SB 200

Code Revision; Title 2; correct errors and omissions. ........................ HB 199

Commissioner; limitation of terms of office; amend Constitution. .............. SR 2

Commissioner; limitation of terms of office; amend Constitution. .............. SR 30

Commissioner; limitation of terms of office; amend Constitution. .............. SR 39

Commissioner; limitation of terms of office; amend Constitution. ............. SR 161

Congress; urge continued support for federal School Lunch Program.

SR 179

Cooperative Marketing Associations; directors; clarify powers. ............... HB 125

Correctional Farms; inmate labor; charitable food distribution. .............. SB 431

Farm and Forest Land Activities; inconveniences; notice to purchaser.

HB 194

Farmers and Consumers Market Bulletin; soliciting contributions for. ........ SB 374

Henry Massey Pavilion at UGA Poultry Research Center; commend.

SR 267

Horse Racing Facility at Exposition Center; Houston County; study of.

HR 242

Llama Activities; risk of injury warning signs; limit liability. ................ SB 187

Official Georgia State Crop; designate the peanut. .......................... HB 124

Peach Industry; celebrating Georgia Peach Festival; commend. .............. SR 183

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2366

JOURNAL OF THE SENATE

AGRICULTURE (Continued)

Peach State; designate the peach as official state fruit. ..................... HB 559

Peanut Products; point of origin; national labeling; urge Congress. ........... HR 173

Poultry; designate Georgia as Poultry Capital of the World. ................. HB 594

Poultry Feed and Transportation Study Committee; creation. ............... SR 278

Ratites; ostriches, emus, rheas; inclusion as farm animals and

food products under Georgia laws. ...................................... HB 220

Sorghum Syrup; official state festival; Blairsville Sorghum Festival.

HR 156

State Farmers Market Shed in Pelham; extend lease to Pelham

Development Corporation. ............................................. HR 335

Surface Waters; irrigation systems; permits; conservation use plan. .......... SB 202

Tobacco Marketing Act of 1995; warehousemen; maximum charges. .......... HB 163

Trailers Hauling Unprocessed Farm Products; permanent license plates.

HB 571

Trucks Hauling Agricultural Products; motor common carrier rules. ......... HB 609

Vehicles Hauling Cotton or Feed; change maximum weight allowed. ......... HB 490

Vidalia Onions; marketing season; requirements for packing, grading. ....... HB 208

AIDS CONFIDENTIAL INFORMATION; subpoenas in death investigations. HB 268

AIRPORTS (See Aviation)

ALBANY-DOUGHERTY COUNTY DAY AT STATE CAPITOL; declaring. SR 229

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under

Influence or Motor Vehicles)

Alcohol Related Criminal OfFenses; parole conditions for inmates. ............ SB 154

Alcohol Related Criminal Offenses; parole conditions for inmates. ............ HB 229

Brewers of Malt Beverages; permits for brewery tours, tastings. ............. HB 354

Brewpubs; draft beer manufactured on premises; licensing; regulation.

HB 374

DUI; chemical tests; breath tests; notice to suspected drivers. ............... HB 610

DUI; convicted drivers; issuance of distinctive, marked licenses.

SB 211

DUI; eliminate accept plea of nolo contendere to charges. ................... SB 121

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; habitual offenders; points accumulation; records; filing

conviction reports; reinstatement fees. .................................. HB 255

DUI; habitual violators; impound license plates; eliminate pleas;

sentencing; minors, zero tolerance, curfew hours, seat belts.

SB 79

DUI; nonresident offender; increased fines in lieu community service. ........ SB 443

DUI; persons under age 18; license suspension period. ....................... SB 65

DUI; persons under age 21; zero tolerance of alcohol over .02 grams.

SB 118

DUI; persons under age 21; zero tolerance of any alcohol or drugs. ............ SB 79

Firearms; unlawful discharge by persons under influence of alcohol.

SB 58

Malt Beverages; licensing of brewpub operators. ........................... HB 374

Open Containers; possession by driver or passenger; penalties. ............... SB 60

Sale of Distilled Spirits by the Drink; repeal in certain counties. ............. HB 517

Sales of Distilled Spirits by the Drink for Consumption on Premises;

referendum election procedures. ........................................ HB 680

Sales of Distilled Spirits by the Drink; licensing private clubs

within certain residential developments. ................................. HB 354

Sales to Minors; false identification; intent to deceive; penalty. .............. SB 198

Stone Mountain Park Facilities; sales subject to certain taxes. .............. HB 475

Vendor Training to Eliminate Sales to Minors or Intoxicated

Persons; committee to study. ........................................... SR 254

Wholesale or Retail Licensees; municipal residency requirements. ........... SB 422

ALCOVY JUDICIAL CHICUIT Superior Court; additional judgeship; coequal jurisdiction. .................. HB 236

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INDEX

2367

Superior Court; judges; salary supplement. ................................ SB 466 Superior Court; third judgeship; Newton and Walton Counties. .............. SB 278

ALIMONY Child Support; failure to pay; contempt proceedings; legal defense. ........... SB 61 Contested Petitions; prior to trial; alternative dispute resolution. ............ HB 704 Divorce Decrees Awarding Child Support; computation; factors. .............. HB 72 Person Gainfully Employed; violated orders; punishment; obligations. ......... SB 7

ALLIGATORS; unlawful to feed or bait wild alligators; penalty. .............. HB 401

ALLTEL GEORGIA; grant easement for telecommunication lines. ............ SR 113

ALPHARETTA, CITY OF; Designate; Old Milton Parkway and the Old Milton County Bridge. ........ HE 195

ALZHEIMER'S DISEASE; Facilities Advertising Specialized Patient Care; written disclosure. .......................................... HB 558

AMBULANCES (Also See Emergency Medical Services)

AMERICAN HERITAGE IN EDUCATION ACT School Facilities; affirmations or documents of history or heritage. ............ SB 71 School Facilities; reading, posting documents of history or heritage. .......... SB 324

AMUSEMENT RIDE SAFETY ACT (Also See Carnival); Ride Inspection Requirements; permits to operate; violations; fees. ............... HB 271

ANDERSON, PAUL EDWARD; tribute to.

SR 215

ANDREWS, LEE BETH; commend ........................................ SR 245

ANESTHESIOLOGY; patient care; Pain Management Study Committee. ....... SR 69

ANIMALS Animal Training; persons using dangerous drug products; registration. ....... HB 611 Code Revision; Title 4; correct errors and omissions. ........................ HB 199 Equines; Llama activities; injuries; limitation on civil liability. .............. SB 187 Farm Animals; ratites; ostriches, emus, rheas; inclusion under certain Georgia laws. .................................................. HB 220 Horse Racing Facility in Houston County; committee to study. .............. HR 242 Natural Habitats of Rare Plants or Animals; restrict disclose sites. .......... SB 170 Police Accelerant Detection Dogs; offense of destroying or injuring. .......... HB 655

ANNEXATION Cities Annexing Unincorporated Islands; preclearance. ..................... HB 543
Island Property Removed From Industrial Area; adjacent city may annex. .. . . SR 228

ANTEBELLUM TRADL, GEORGIA; recognize 10th anniversary. ............. SR 114

APPEALS AND ERROR Appellate Court Judges; compensation; state commission to study. ............ SR 97 Appellate Court Judges; invite General Assembly Session. ................... HR 16
Appellate Court; temporary assistance; senior justices and judges. ........... SB 279 Code Revision; Title 5; correct errors and omissions. ........................ HB 199
Public Health Violations; injunction cases; appeals; enforcement. ............. SB 69

APPOINTMENTS BY GOVERNOR

Pages 864, 2238

Aaron, Barbara Jean ............................................ Pages 869, 2246

Adams-Harden, Debra ........................................... Pages 865, 2241

Adams, Romeo M. ............................................... Pages 866, 2242

Adams, Steve Ronnie ............................................ Pages 864, 2240

Amerson, Frank ................................................ Pages 866, 2242

Refer to numerical index for page numbers

2368

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Anderson, Joan ................................................. Pages 865, 2241 Athon, Rachel B. ................................................ Pages 867, 2244 Athon, Troy A. .................................................. Pages 866, 2242 Austin, Mary Louise ............................................. Pages 868, 2244 Bailey, Bobbie .................................................. Pages 867, 2243 Bascuas, Joseph ................................................ Pages 867, 2243 Battcher, Jeff C. ................................................ Pages 869, 2246 Bond, Sylvia L. ................................................. Pages 867, 2244 Bowers, Harley .................................................. Page 869, 2246 Braswell, Palmira .......................................... Pages 865, 2238, 2241 Bruce, Alta P. .................................................. Pages 868, 2245 Bullock, E. Pope ................................................ Pages 864, 2240 Cahill, Jeanne ................................................ Pages 869, 2246 Carter, Donald J. ............................................... Pages 867, 2243 Catlin, Pamela A. ............................................... Pages 868, 2245 Clark, Sara S. ........................................ ......... Pages 867, 2243 Coleman, J. Tom, Jr. ....................................... Pages 869, 2238, 2246 Colwell, C. Curtis ............................................... Pages 865, 2241 Cook, Henry L., Sr. .............................................. Pages 865, 2242 Cotney, Mark ................................................... Pages 865, 2241 Crawford, Julia H. .............................................. Pages 865, 2241 Crosson, Clay ................................................... Pages 867, 2244 Davis, Burl ..................................................... Pages 866, 2243 Davis, R. Carter, Jr. ............................................. Pages 866, 2242 Dees, Hoyt C. ................................................... Pages 867, 2243 Deyo, William T., Jr. ............................................ Pages 866, 2242 Dodd, William ....................................... .......... Pages 867, 2244 Dodds, James A., Jr. ............................................ Pages 867, 2244 Dooley, Barbara M. ............................................. Pages 869, 2246 Dowden, Thomas C. .................................. .......... Pages 866, 2242 Dowel), Kaye C. ................................................. Pages 867, 2243 Driscoll, Barbara M. ............................................. Pages 869, 2246 Elliott, Ronald E. ............................................... Pages 866, 2242 Ergle, Virgil D. ................................................. Pages 864, 2240 Eunice, Steve ................................................... Pages 865, 2241 Feinberg, Iris Z. ................................................ Pages 866, 2242 Feldman, Lynne ................................................ Pages 866, 2243 Flowers, Runetls ................................................ Pages 867, 2243 Forrester, James R. ............................................. Pages 869, 2246 Fullerton, Carol ................................................. Pages 866, 2243 Funk, F. James, Jr. ............................................. Pages 867, 2243 Gatewood, T. Schley, Jr. ......................................... Pages 866, 2243 Glover,Bobby E. ................................................. Pages 865, 2241 Godwin, Lamond ................................................ Pages 866, 2243 Graham-Pool, Leslee ............................................ Pages 869, 2246 Gresham, Emma ................................................ Pages 864, 2240 Griffin, Letha Yurko ............................................. Pages 864, 2240 Griffith, Johnny ................................................. Pages 869, 2246 Hall, Donald Fred ............................................... Pages 869, 2246 Hall, Willhemina ................................................ Pages 867, 2244 Hammongs, Garfield, Jr. ......................................... Pages 868, 2245 Hansford, J. Terry .............................................. Pages 864, 2240 Harris, Oscar L. ................................................ Pages 864, 2240
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INDEX

2369

APPOINTMENTS BY GOVERNOR (Continued) Hartin, Jean M. ................................................. Pages 869, 2246 Head, Robert L., Jr. ............................................. Pages 866, 2242 Hill, Donald E. .................................................. Pages 864, 2240 Hooks, Jones ................................................... Pages 869, 2246 Hornstein, Julius ............................................... Pages 865, 2241 Hudgens, Mark ................................................. Pages 869, 2246 Imara, Saburi .................................................. Pages 868, 2244 Jackson, Billie Luke ............................................. Pages 867, 2243 Jackson, Teresa ................................................. Pages 867, 2244 Johnson, Robert R. .............................................. Pages 865, 2241 Jones, Charles H. .......................................... Pages 869, 2238, 2246 Jones, Charles Bonner, Sr. ....................................... Pages 865, 2241 Jones, Constance M. ............................................. Pages 864, 2240 Jones, Ernest Joseph ............................................ Pages 866, 2242 Jones, Ingrid Saunders .......................................... Pages 866, 2242 Jones, Samuel David ............................................ Pages 864, 2240 Keller, Robert E. ................................................ Pages 868, 2245 Kelly, Ouida .................................................... Pages 866, 2242 Kicklighter, Jana R. ............................................. Pages 865, 2241 Knox, Wyckliffe, Jr. ............................................. Pages 866, 2243 Lanier, Scarlett ................................................. Pages 869, 2246 Leverett, Connie H .............................................. Pages 865, 2241 Lewis, Glover Charles ........................................... Pages 865, 2241 Lord, R. Whitman ............................................... Pages 868, 2245 Lumpkin, Betty E. .............................................. Pages 867, 2243 McAllister, Yvonne P. ........................................... Pages 866, 2242 McDougald, Charles W. .......................................... Pages 865, 2241 McGlamery, A. Joe .......................... Pages 865, 2239, 2241 Maddux, Richard H. ............................................. Pages 869, 2246 Matthews, Dee .................................................. Pages 869, 2246 May, Bella ..................................................... Pages 868, 2245 Miller, C. Mark ................................................. Pages 869, 2246 Miller, Frank E. ................................................ Pages 867, 2244 Miller, Linda S. ................................................. Pages 865, 2241 Morley, Andrew Paul, Jr. ........................................ Pages 866, 2242 Morris, Glenn M................................................. Pages 868, 2244 Neill, Henry .................................................... Pages 867, 2244 Nelson, Theresa Jeanne ......................................... Pages 864, 2240 Newroth, Bennie Butler ......................................... Pages 866, 2243 Nix, Milton E. .................................................. Pages 868, 2245 O'Looney, Gwen ................................................. Pages 865, 2242 O'Neil, Alison Tara .............................................. Pages 865, 2241 Ogletree, LaVerne C. ............................................ Pages 866, 2243 Orange, Betty S. ................................................ Pages 865, 2240 Payne-Stancil, Barbara .......................................... Pages 867, 2244 Peoppelman, Jerome F. .......................................... Pages 868, 2245 Phillips, Cecil M. ................................................ Pages 866, 2243 Plemons, J. M. .................................................. Pages 865, 2241 Poole, Katie Smith .............................................. Pages 868, 2245 Porter, Benjamin G. ............................................. Pages 867, 2243 Rearick, David .................................................. Pages 865, 2242 Reddy, Sudha ................................................... Pages 865, 2241 Reed, John H. Jr. ............................. Pages 866, 2242
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2370

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Richardson,Babs ............................ Richardson, Donald H. ........................ Riley, J.C. ................................... Robinson, Sheila A. .......................... Roland, Donald R. ............................ Rollins, James L. ............................ Scalise, Joseph ............................... Sibley,Deborah Elaine ....................... Silver, Rebecca N. ............................ Smith, Hubert Laddel ........................ Smith, Sheila ................................ Sorrells, Bob ................................. Staley, Irving T. ............................. Strickland, Helen L. .......................... Taggart, Helen M. ........................... Talton, Willie ................................ Tatum, David R. ............................. Teasley, William A. .......................... Tedesco, Francis ............................. Tenenbaum, Arnold .......................... Terwilliger, Russell ........................... Thomas, Geri P. ............................. Thurman, John M. ........................... Tomajko, Ronald J. ........................... Townsend, Jeff L. ............................ Tucker, Robert P., Ill ......................... Turpin, W. Richard ........................... Vason, Carolyn .............................. Waters, Bill G. ............................... Wexler, Allan V. ............................ Wherry, Richard A. .......................... Whiteside, Barbara Neil ...................... Wiggins, John Eddie ......................... Williams, Lewis .............................. Williams, Robert ............................. Williams, Roger Alan ......................... Williams, Shirley A. .......................... Young, William Douglas ......................

. Pages 867, 2243 . . Pages 869, 2246 . . Pages 868, 2242
Pages 866, 2242 Pages 864, 2240 . Pages 869, 2246 Pages 865, 2241 Pages 866, 2243 . . Pages 866, 2244 . Pages 868, 2245 . . Pages 867, 2243 . Pages 869, 2245 Pages 867, 2243 . Pages 864, 2240 .. Pages 867, 2244 Pages 868, 2245
. . Pages 865, 2242 ...... Page 2239 Pages 865, 2242
.. Pages 866, 2243 Pages 865, 2241
. Pages 868, 2245 . Pages 865, 2242 . Pages 867, 2243 . Pages 869, 2246 . . Pages 866, 2242 .. Pages 864, 2240
Pages 864, 2240 . Pages 865, 2242 . Pages 868, 2245
Pages 866, 2242 . Pages 864, 2240
Pages 865, 2240 .. Pages 865, 2242 . Pages 864, 2240 . . Pages 869, 2246 . Pages 868, 2245
Pages 868, 2243

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations Act Previously Enacted; amendments increasing expenditures prohibited. ................................................ SR 26
Appropriations; general; limit state expenditures and imposing certain local costs. ..................................................... SR 176
Appropriations, General; SFY 1995-1996. .................................. HB 202 Appropriations, General; supplemental acts increasing expenditures
prohibited. .......................................... SR 251 Appropriations; reduction by Governor; overriding such reduction. ........... SR 175 Appropriations, Supplemental; SFY 1994-1995. ................ HB 201 Budgetary Responsibility Oversight Committee/BROC; members; function. . HB 233 Education Department; eliminate food-processing program funding. ........... SB 90 Funding Necessary to Provide Educators Technology Training; study of....... SR 122 Funding of Fiscal Retirement Bills; requirements; actuarial study. ........... HB 136

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INDEX

2371

APPROPRIATIONS AND FISCAL AFFAIRS (Continued)

Grants to Local School Systems from Lottery for Education Account.

SB 445

Labor Department; additional funds; Unemployment Trust Fund. ........... HB 164

AQUACULTURAL FOOD PRODUCTS; Aquaculture Development Commission; membership; subcommittees. ................................. SB 200

ARBITRATION OF DISPUTES OR CLAIMS Contractual Agreements; waiver of jury trial; arbitration; mediation. ......... SB 168 Grandparent Visitation Rights; determination through mediation. ........... SB 365 Nuclear Power Plant Owners; decisions to ban employee of contractor. ....... SB 427

ARBOR DAY CELEBRATION; 103rd Anniversary; recognizing. ............. SR 216

ARCADE, TOWN OF; new charter. ........................................ HB 801

ARCHERY; Hunting License; requirements for procuring. .................... HB 277

ARCHITECTURAL OR ENGINEERING CONTRACTS WITH TRANSPORTATION Department; preaward audits. ........................................................ HB 328

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARRESTS Arrest Under Warrants; commitment hearing; notice to accused. ............ HB 119 Sheriffs or Police Officers; powers when felonies committed. ................. SB 183

ARTS

Georgia Citizens for the Arts; commend. ................................... SR 93

Georgia Consignment of Art Act; enact. ................................... HB 477

Johnson, Lee; 1995 Georgia Artist of the Year; commend. .................... SR 92

Music Industry Interim Study Committee; Citizen's Advisory Council.

SR 14

ASSAULT AND BATTERY

Commission of Crimes Using Certain Weapons; enhanced penalties.

HB 308

Criminal Offense of Battery; evidence; witnesses; spousal testimony.

SB 234

Offense of Simple Battery Involving Family Violence; 3rd conviction.

SB 341

Offenses of Physical Injury or Terroristic Threats; parolees. ................. HB 509

Sexual Battery; violent offenders; release conditions. ........................ SB 53

AT-RISK CHILDREN AND YOUTH Georgia Policy Council for Children and Families Act; enact. ................ SB 256 School Dropouts; academic requirements for a driver's license. ............... SB 98

ATHLETICS AND SPORTS (Also See Olympic Games)

Georgia Board of Athletic Trainers and Massage Therapists; create.

SB 452

Golf Clubs in Private Residential Areas; alcoholic beverage sales. ............ HB 354

Paralympic Games of 1996; issuance of special license plates. ............... SB 263

State Boxing Commission; contracts; promotion of amateur boxing. ........... SB 35

ATKINSON COUNTY HIGH SCHOOL BASKETBALL TEAM; recognizing SR 371

ATLANTA, CITY OF

Atlanta Police Department; Zone 5 Field Investigation Team; commend.

SR 369

Atlanta Police Department, Zone 5 Investigation Team; commend. ........... SR 356

Atlanta Urban Enterprise Zones; reduce minimum acreage requirement.

SB 254

Freaknik Student Event; create advisory commission to study problems.

SR 322

Lakewood Freeway; designate as Arthur Langford, Jr. Parkway.

SR 44

Proposed Correctional Boot Camp Facility; opposing construction of.

SR 349

Public School Buses; passenger seat belt requirements. ..................... SB 476

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2372

JOURNAL OF THE SENATE

ATLANTA, CITY OF (Continued) R. M. Clayton Plant; wastewater discharge; urge alternative to plan. ........ SR 376 Rhodes Memorial Hall; headquarters for Georgia Trust for Historic Preservation, Inc. ...................................................... HR 81 R.M. Clayton Plant; phosphorus discharge; extend variance deadline. ........ SR 345

ATLANTA MOTOR SPEEDWAY TRAFFIC STUDY COMMITTEE; create. SR 334

ATTORNEY GENERAL Limitation of Terms of Office; amend Constitution. .......................... SR 2 Limitation of Terms of Office; amend Constitution. .......................... SR 30 Limitation of Terms of Office; amend Constitution. .......................... SR 39 Limitation of Terms of Office; amend Constitution. ......................... SR 161

ATTORNEYS (Also See Courts, Civil Practice or Criminal Proceedings)

Counsel for Incapacitated Persons; prohibit serving as guardian. ............ SB 147

County Attorneys; legal counsel to officers; conflict of interest. ............... HB 605

Criminal Cases; offense of sentence circumvention; penalty. ................. HB 315

Foreclosing Liens on Abandoned Motor Vehicles; attorney's fees. .............. SB 87

Frivolous Actions Involving Decisions of a State Licensing Authority.

HB 326

Legal Services; cause of action for false advertising; damages. ............... SB 249

Power of Attorney Documents; agency relationships; execution; filing. ........ SB 144

Statutory Form for Financial Power of Attorney; creating an agency. ......... SB 105

Statutory Form for Financial Power of Attorney; creating an agency.

SB 145

Vehicle Accidents; commercial solicitation of victims prohibited. ............. SB 369

Workers' Compensation Claims Services; Truth in Advertising Act. .......... HB 596

Workers' Compensation Truth in Advertising Act of 1995. .................. SB 323

AUCTIONS, AUCTIONEERS

Commercial or Industrial Property; environmental site assessment. ........... SB 96

Public Auctions; sale of property no longer needed for public roads.

SB 161

AUDITS

State Auditor; duties; audit operations of recreational authorities. ........... HB 120

State Auditor; duties; cost analysis of mandated expenditure bills. ...

SB 38

State Auditor; duties; housing affordability impact statements.

SB 97

State Auditor; duties; personnel reports; expand entities who report. ......... HB 578

State Auditor; duties; preaward audits for Transportation Department.

HB 328

State Auditor; duties; statistical summary; public assistance costs.

SB 381

State Auditor; membership; Information Technology Policy Council.

SB 293

AUGUSTA, CITY OF

Augusta-Richmond County Commission-Council; consolidation. .............. SB 350

Augusta-Richmond County Commission-Council; reorganized, consolidated

government; transition task force; referendum. ........................... HB 805

Augusta-Richmond County Commission-Council; unification of powers.

SB 390

Consolidation Process; repeal charter of City of Hephzibah. ................ HB 1050

Consolidation With Richmond County; repeal charter; referendum.

HB 1051

Corporate Limits; annex certain territory; referendum. ..................... SB 453

Corporate Limits; change boundaries. ..................................... SB 352

Michael J. Padgett, Sr., Highway, designate portion State Highway 56. ...... HR 189

AUGUSTA JUDICIAL CIRCUIT

Superior Court; additional judgeship; coequal jurisdiction. .................. HB 236

Superior Court; seventh judgeship; Burke, Columbia, Richmond Counties.

SB 325

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INDEX

2373

AUSTELL, CITY OF Exclude Portion of City Within Corporate Limits of Lithia Springs. .......... SB 412 Official Map of the Corporate Limits and Boundaries. ...................... SB 414

AUTHORITIES (Also See Development, Authorities)

Contracts; free enterprise participation process; competitive system. ......... SB 407

Development; directors; county, municipal appointees; audits. ............... SB 132

Development; joint; created by two or more counties; requirements. .......... HB 336

Development; property no longer used; disposition; transfer to state. ......... HB 363

Downtown Development Authorities; hotel-motel excise tax levies. ........... HB 419

Employees; preemployment testing for illegal drug use; requirements.

SB 22

Georgia International and Maritime Trade Center Authority; creation. ....... HB 914

Georgia Rail Passenger Authority; members; per diem; travel costs........... HB 641

GeorgiaNet Authority; public distribution of legislative information. ......... SB 337

Heart of Georgia Regional Airport Authority; creation. ..................... HB 1002

Hospital; operating health care networks for Medicaid beneficiaries. ......... HB 765

Hospital; self-insurers of workers' compensation benefits. ................... HB 579

Hospital; workers' compensation group self-insurance funds. ................ SB 286

Housing and Finance Authority; economic development bonds, loans. ..... HB 323

Housing and Finance Authority; issuance of bonds; sunset provision.......... HB 288

Housing and Finance Authority; state employees' health insurance. .......... HB 382

Housing; indian tribe housing authorities; create public body. ............... SB 123

Housing; landlord demand for possession; notice of terminated lease. ........ HB 258

Jekyll Island-State Park Authority; restrict development activities. .......... SB 178

Local Government Authorities Registration Act; enact....................... HB 250

MARTA; board of directors; members representing State; designee. .......... SB 370

Rail Passenger Authority; regional or state-wide transportation plan. ........ SB 322

Recreation Authorities Overview Committee; reports to legislature. .... HB 120

Regional Jail Authorities Act; enact. ...................................... HB 345

Regional Jail Authorities; authorize use of county jail fund. ................. HB 348

State or Local; exempt local occupation taxes or regulatory fees. ............. HB 175

State; proposed rule adoption; prohibit during certain time period. ........... SB 451

Student Finance Authority; servicing higher education loan program. ........ SB 363

AUTOMOBILE REPAIR SHOPS Automotive Repair Facilities Study Committee; creating. ................... SR 273 Customer Rights; cost estimate; excess charges. ............................ SB 440

AVIATION

Aircraft Carriers; corporate taxable income; three factor formula.

... HB 50

Airport Authorities; Local Government Authorities Registration Act. ......... HB 250

Airport Firefighters; standards, training; certification. ...................... SB 199

Airport Properties Split by County Lines; return of ad valorem taxes. ........ HB 790

Heart of Georgia Regional Airport Authority; creation. ..................... HB 1002

State Patrol Aviators; rescue missions during floods; commend. .............. SR 186

Vehicles Operated by Air Carriers; motor common carrier rules. ............. HB 609

AVONDALE ESTATES; mayor, board of commissioners; elections; vacancies. . HB 819

B

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2374

JOURNAL OF THE SENATE

BACON COUNTY; Board of Commissioners; compensation.

HB 1022

BAGLEY MIDDLE SCHOOL JUNIOR BETA CLUB; commend

SR 225

BAIL (Also See Bonds or Criminal Procedure)

Aggravated Sexual Battery; prior convictions; limit granting of bail.

SB 81

Aggravated Stalking; bailable only before superior court judge. .............. HB 413

Bonds; parolees, probationers; alleged new offenses. ........................ HB 509

Cash Bonds; deposits by sheriffs; interest-bearing accounts. ................. HB 198

BAKER, COLONEL RUSSELL; Law Enforcement Officer of Year; commend. SR 80

BALDWIN COUNTY

Ad Valorem Taxes; homestead exemption; certain leased homesteads.

HB 1018

Certain State Land Under Custody of DHR; sell by competitive bid. ......... HR 334

Property Conveyance; grant easement for highway improvements.

SR 113

State Court; specify terms of the court. .................................... SB 457

BANKING AND FINANCE

Automated Teller Machines; installation at welcome centers.

HB 147

Automatic Teller Machines; expanding, extending operational powers.

SB 103

Bad Checks; deposit account fraud; complaints; service charges.

HB 425

Bad Checks Issued to Finance Insurance Premiums; fees; cancellation. ....... HB 375

Bank Certificates of Deposits; local governing bodies investments. ........... SB 242

Bankruptcy; debt payments; interest on loans secured by collateral. ......... SB 408

Bankruptcy Proceedings; insolvent estates; exempt IRA account funds.

HB 221

Branch-Banking; establishment at any location within state. ................ SB 312

Branch-Banking; expansion; community banks within groups of counties. . SB 165

Credit Transactions; collateral; nonrecording insurance; licensees.

SB 185

Department Rules; commissioner; powers; duties; "Housekeeping Bill". ....... SB 103

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

Elderly Customers Believed to be Financially Exploited; reporting of. ........ SB 395

Employer Immunity; disclosure of employee job performance.

HB 297

Financial Institutions; enlarge operational powers; regulate

branches, facilities, services. ........................................... SB 103

Financial Power of Attorney, Georgia Statutory Form; naming agent. ........ SB 145

Financial Power of Attorney; naming agent to handle affairs.

SB 105

Financing or Leasing of Motor Vehicles; licensing finance companies. ........ HB 335

Individual Medical Care Savings Accounts and Trusts; establishment.

SB 373

Instruments Not Presented for Payment Within 2 years; service charge. . HB 791

Insuring Credit Transactions; definitions; agent's licenses; rates.

HB 330

Interest Rates, Credit Terms; restrictions on pawnbrokers. .................. SB 269

Investment Companies or Trusts; permitted investment of state funds. ....... SB 308

Judgments; rate of interest; method to calculate; notice of rate. .............. SB 180

Loans; financing method; pawning of vehicle titles; study committee.

SR 297

Mortgage Lenders; residential property; interest on escrow accounts.

SB 393

Mortgages Duly Recorded on County Land Records; attestation. ............. SB 243

Mortgages; recording deeds; include tax map, property parcel number.

SB 136

Real Estate Appraisal Services; reports; conflicts of interest.

SB 465

Real Estate Loans; securing long-term note; intangible recording tax.

SB 224

State Chartered Banks; proposed FDIC exam fees; urge Congress reject.

SR 244

BANKRUPTCY

Exemption; payment from IRA account necessary to support debtor.

HB 221

Interest on Claims; loans secured by real estate or collateral. ............... SB 408

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INDEX

2375

BANKS COUNTY Chief Magistrate; nonpartisan nomination and election. ..................... SB 40 Probate Court; judge; nonpartisan nomination, election. ..................... SB 39 Superior Court; Piedmont Judicial Circuit; third judgeship. ................. HB 236

BARROW COUNTY

Fort Yargo State Park; fire tower site; lease to City of Winder. .............. HR 234

Fort Yargo State Park; property conveyance; lease to City of Winder. ...

HR 358

Superior Court; Piedmont Judicial Circuit; third judgeship. ................. HB 236

BARTOW COUNTY

Board of Education; election districts; change composition. .................. SB 459

Property Conveyance; sell railroad right of way; adjoined home sites. ........ SR 269

Property Conveyance; W&A Railroad right of way; City of Kingston.

HR 419

BATTERY (See Assault and Battery or Crimes)

BAUCUS, MAX; U.S Senator from Montana; introduced; remarks ............ Page 849

BEAM, KIRBY AND LINDA, NATIONAL OUTSTANDING TREE FARMERS; commend. .................................................. SR 259

BEAUTY PAGEANTS; Redefine as Contests; bond requirement; entrant notices. ......................................................... SB 232

BECKER, DR. SHERRI L., PRESIDENT OPTOMETRIC ASSOCIATION; commend. .............................................................. SR 233

BEER (See Alcoholic Beverages or Breweries)

BELL, DR. ROY CHARLES; tribute to. .................................... SR 346

BELLSOUTH TELECOMMUNICATIONS; utility line easements in certain counties. ........................................................ SR 118

BEN HELL COUNTY; Board of Commissioners; change compensation. ........ HB 575

BENEFIELD, ARTHUR OF EAST POINT; regrets at his passing. ............ SR 51

BERRY COLLEGE; declaring Martha Berry Day, October 7, 1995.

.... SR 169

BBBB COUNTY Civil Court; jurisdiction. ................................................. HB 938 Designate New Prison Hospital; Denmark Groover, Jr., Hospital ....... HR 21 Macon-Bibb County Officials and Cherry Blossom Festival; commend ........ SR 187 Macon-Bibb County Transit Authority; composition; revise board. ............ HB 932 State Hospital for Inmates; relocating proposed medical facility. ............. SR 261 Superior Court; Macon Judicial Circuit; fifth judgeship. ..................... HB 236

BICYCLES Bicycle Paths; include within definition of public roads. ...................... SB 3 Construction of Bicycle Paths; use of special county 1% sales tax. ............ HB 161 Riding on Right Side of Roadway; exception; avoiding safety hazards. ........ HB 552

BEDS (Also See Contracts or Transportation) Counties of 500,000 or More; contracts; procurement methods. .............. SB 241 Mental Health Regional Boards; bids for services; procedure. ................ SB 339

BILLBOARDS Outdoor Advertising; Public Road Right of Way; directional signs. ........... SB 319 Outdoor Advertising; Public Roads; tree trimming permits. .................. SB 321 Outdoor Advertising; State Highways; tree, vegetation cutting. .............. SB 169

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2376

JOURNAL OF THE SENATE

BLACKSHEAR, CITY OF; change corporate limits .......................... HB 937

BLAERSVILLE, CITY OF Corporate Limits; deannex certain property ............................... HB 1029 Sorghum Festival; designate as Official State Sorghum Festival. ............. HR 156

BLAND, MAJOR GENERAL; National Guard; introduced, remarks ..... Page 879

BLIND PERSONS (Also See Handicapped Persons) State Schools for the Deaf and Blind; operation of; employee status. ......... HB 406 Telephone Service; specialized telecommunication TDD devices. ............. SB 460

BLUE RIDGE ELECTRIC MEMBERSHIP CORPORATION; electrical utility easement. .................................................. ..... SR 113

BOATS, MARINE EQUIPMENT AND FACILITIES

Boat Safety Study Committee; creation. .................................... SR 86

Crimes of Homicide, Feticide, Serious Injury by Vessel; penalties. ........... SB 111

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Marinas or Docks; leasing marshlands; reclamation of boat slips.

.... HB 389

Pilots and Pilotage of Vessels; licensing; fees; pilots for

certain ports; use of docking pilots; liens for failure to pay fees. ........... HB 489

BOILERS AND PRESSURE VESSEL SAFETY ACT; Exempt Autoclaves Used Sterilization of Medical, Dental Implements. ......................... HB 321

BOLAND, BISHOP JOHN KEVTN, NEW BISHOP OF SAVANNAH; welcoming. ............................................. ............... HR 432

BONDS

Bail and Appeal Bonds; procedures; offense of aggravated stalking. .......... HB 413

Bail; cash bonds; deposits by sheriffs; cross-references. ...................... HB 198

Bail; parolees, probationers; new offenses of injury or threats.

HB 509

Bail; release of persons charged family violence; notice to victims.

SB 209

Industrial Development; issuance; amend sunset provision. ................. HB 288

Industrial Development; issuance; economic development; sunset. ............ HB 323

Peace Bonds; protective orders; violations; aggravated stalking. ............. HB 415

Revenue; bond elections; statement of intention; advertisements. ............ HB 417

Revenue; issuance for jail facilities. ....................................... HB 349

Revenue; limitation of term; life expectancy of project financed. .............. SB 297

Revenue; limitations upon state financing terms. ........................... SR 168

Revenue; local government authorities; authority to enter debt. .............. HB 250

Surety; requirements of notaries public; performance bonds. ................ SB 403

BONE DISEASES

Osteoporosis Prevention and Treatment Education Act; enact. ............... HB 558

Osteoporosis Prevention and Treatment Education Program; provide.

HB 433

BOOT CAMP PROBATION ALTERNATIVES; Persons Committing Certain Offenses Ineligible for Placement. ................................. SB 285

BOOZER, KEVIN; Cedartown High School Football Team; commend.

SR 17

BOUCKAERT, CARL AND BEAULIEU OF AMERICA CARPET PRODUCER; recognizing ............................................................. SR 243

BOWER, ALLEN E., SR., PFNETREE FARMER OF YEAR AWARD; recognizing. ............................................................ SR 209

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INDEX

2377

BOWERSVILLE, TOWN OF; new charter. ................................ HB 1007

BOXING, AMATEUR; State Boxing Commission; contracts to promote. ........ SB 35

BRANDENBURG, CHARLOTTE; claims against the State; compensate. .... HR 172

BRANSON, AUNDRE, LEGISLATIVE BLACK CAUCUS INTERNSHIP; commend ............................................................... SR 364

BRANTLEY COUNTY; Probate Court Judge, Chief Magistrate; nonpartisan elections. ................................................... SB 471

BREWERS AND BREWERIES Brewpubs; draft beer manufactured, sold on premises; licensing of. .......... HB 374 Malt Beverages; brewery tours and free tasting on premises; permits. ........ HB 354

BRIDGES (See Highways, Bridges and Ferries)

BRINSON, MRS. SARAH EUGENIA LIPHAM, 100TH BIRTHDAY; commend. ............................................................... SR 47

BROOKS COUNTY Designate; M.L. King, Jr. Drive; State Hwy 333 from Quitman. ............. HR 160 Property Conveyance; easement; Bowens Mill Pond; Jane B. McLane. .... HR 174

BROOKS COUNTY HIGH SCHOOL FOOTBALL TEAM; commend.

SR 62

BROUN, SENATOR PAUL C.; recognizing 79th birthday. ................... SR 276

BROWN, HOBERT L. BRIDGE; designate on State Highway 60, Fannin County. .......................................................... SR 67

BRUEGGER, BARBARA J., COBB YMCA; commend

SR 249

BRUNSWICK, PORT OF; piloting, pilotage; licensing; increase number. ...... HB 489

BUCHANAN, CITY OF; corporate limits; annex certain right of way. ........ HB 1039

BUCHANAN, DR. GALE; commend. ............................... SR 358

BUDGET (See Appropriations and Fiscal Affairs)

BUDGETARY RESPONSD3ILITY OVERSIGHT COMMITTEE; members; functions. .............................................................. HB 233

BUILDING AUTHORITY, GEORGIA Building and Grounds Maintenance; committee to study privatization. ....... SR 117 James H. "Sloppy" Floyd Veterans Memorial Building; display honoring WWII Veterans. ............... HR 55 Pete Hackney Parking Facility; designate; Decatur and Butler Streets. ....... HR 368 Placement of Portrait of Leroy R. Johnson in State Capitol. ................. SR 321 State Buildings and Vehicles; committee to study efficient use of. ............ SR 268 State Museum and State Library Study Commission; re-create .............. HR 122

BUILDINGS AND HOUSING Authorities; Local Government Authorities Registration Act; enact. .......... HB 250 Chairlifts Located Buildings of Nonprofit Organizations; exemption. ......... SB 377 Elevators, Escalators, Manlifts, Moving Walks; violations; penalties. ......... HB 269 Handicapped Persons; change references; "persons with disabilities". ......... HB 601 Handicapped Persons; persons with disabilities; remove access barriers. ...... HB 653 Home Construction Activities; water pollutant discharges; erosion. ........... SB 375 Home Construction; erosion controls; trout stream buffer zones. ......... ... HB 350 Housing Affordability Impact Note Act; general assembly requirements. ....... SB 97 Housing Authorities; demand for possession; procedures upon tenants. ....... HB 258

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2378

JOURNAL OF THE SENATE

BUILDINGS AND HOUSING (Continued) Indian Housing Authorities; creation for certain tribes; no gambling. ......... SB 123

Mobile Homes; ad valorem; time for payment of taxes; taxable value. ........ SB 280

Mobile Homes; ad valorem; time for payment of taxes; taxable value.

HB 379

Natural Disasters; rebuilding or repairs; deceptive trade practices. .......... SB 116

Rented Property; tenants' possessions; Eviction Law Study Committee. ....... SR 53

Residential; unsightly premises; Municipal Environmental Courts. ........... SB 108

Residential; use of force in self-defense against a forcible entry. ............. HB 107

School Facilities; local permits and inspection fees; exemption. .............. SB 317

Smoking in Places of Employment; restrictions; signage. .................... S3 236

Structural Pest Control Businesses; licensure; applicant exams. ............. SB 351

Youthbuild Program; work experience, apprenticeship training program. . . . . . SB 315

BULLOCH COUNTY State Court; judge, solicitor; increase compensation ........................ HB 998 Superior Court; Ogeechee Judicial Circuit; third judgeship. ................. HB 236

BURGESS, JAMES V., JR., GEORGIA MUNICIPAL ASSOCIATION; commend. .............................................................. SR 313

BURGESS, NATHAN, EAGLE SCOUT; commend. ......................... SR 210

BURGESS, OTIS M.; commend ............................. SR 195

BURGLARY; children charged designated felonies; arrest records. ............ SB 156

BURKE COUNTY State Court; judge; compensation. ........................................ HB 888 Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325 Superior Court; Augusta Judicial Circuit; seventh judgeship. ................ HB 236

BURNHAM, WALTER LEROY Commend. ............................................................... SR 65 Express Regrets at his Passing ........................................... SR 365

BUSES School Bus Drivers; local salary supplement; limit reduction of. ............. SB 218 School Bus Drivers; student discipline; rights in civil damages. .............. HB 134 School Buses Employed Atlanta Public Schools; passenger seat belts. ........ SB 476

BUSINESS (See Commerce and Trade or Professions and Businesses)

BUTTS COUNTY Butts County, City of Flovilla, Jackson and Jenkinsburg Water and Sewer Authority; bond maturities. .................................. HB 302 Magistrate Court; chief magistrate; nonpartisan election .................... HB 877
Probate Court; judge; nonpartisan elections. ............................... HB 872

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INDEX

2379

BUTTS, NANCY THOMAS; in memory of. ................................. SR 230 BYRON, CITY OF; Corporate Limits; addition of certain territory. ............ SB 248

CALLAWAY, VIRGINIA HAND; tribute to. ................................. SR 224

CAMDEN COUNTY

Board of Commissioners; conflict of interest votes; deputy sheriffs. ........... HB 699

Board of Commissioners; voting; county administrator; clerk.

HB 933

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections)

Contributions; disclosure; report accuracy; loans to campaign

committee; return excess contributions. ................................. HB 868

Contributions; payment for campaign consulting services; restriction.

SB 18

State Employees Political Activities; permitted and prohibited. .............. SB 133

CANCER TREATMENT; Breast Cancer; Hodgkin's Disease; bone marrow transplants; insurance. ........................................... HB 369

CANDIDATES (See Elections)

CAPITAL PUNISHMENT (See Death Penalty, Courts or Criminal Procedure)

CAPITOL, STATE; placement of portrait of Leroy R. Johnson. ............... SR 321

CARDIOPULMONARY RESUSCITATION; effectuating orders not to resuscitate. ........................................................... SB 55

CARNIVAL RIDES SAFETY; inspection; certification; permits; violations. .............................................................. HB 271

CARPET FOR COMFORT PROJECT BENEFITING 1994 FLOOD VICTIMS; commend. ............................................................... SR 54

CARROLL COUNTY

Board of Education; new election districts. ................................. HB 973

Board of Education; nonpartisan elections. ................................ HB 971

Board of Education; property exchange; Carroll Technical Institute.

HR 231

Carroll County Certified Literate Community Program, LIFT; commend. . SR 172

Carroll County Water Authority; revenue bonds. ........................... HB 763

Magistrate Court; chief magistrate; nonpartisan elections. .................. HB 972

State Court; judge; nonpartisan elections. ................................. HB 970

Superior Court; Coweta Judicial Circuit; fifth judgeship. .................... HB 236

CARSON, GREG; Police Sergeant of Conyers; commend ..................... SR 188

CARTERSVILLE, CITY OF Ad Valorem; school taxes; homestead exemption. ........................... SB 398 Confirm Ownership of National Guard Armory property. ..................... SR 19

CARTERSVILLE HIGH SCHOOL CROSS COUNTRY TEAM; commend SR 181

CARTERSVILLE 4-WAY LUNCH DINER AND EARNEST GARRISON; commend ............................................................... SR 303

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2380

JOURNAL OF THE SENATE

CASS MIDDLE SCHOOL JUNIOR CHAMBER OP COMMERCE; commend ............................................................... SR 302

CATOOSA COUNTY

Board of Utilities Commissioners; group health insurance. .................. HB 827

Superior Court; court reporters; salary compensation.

HB 821

Tax Commissioner; clerical help; compensation. ............................ HB 945

CAVE SPRING, CITY OF Corporate Limits; annexation; Ga. School for the Deaf old campus. .......... HR 159 Property Conveyance; Georgia School for the Deaf old campus. .............. HR 155

CEDAR SHOALS HIGH SCHOOL ACADEMIC DECATHLON TEAM; recognize ............................................................... SR 347

CEDARTOWN HIGH SCHOOL Football Players and Coach; introduced .................................. Page 650 John Hill, Football Coach; commend ....................................... SR 95

CELLULAR RADIO TELEPHONES; intercepted communications; unlawful use. ........................................................... SB 131

CEMETERIES

Dead Bodies; offense of abuse of a dead body prior to interment. ............. HB 520

Failure to Maintain Cemetery Property or Burial Merchandise; penalty.

SB 359

Funeral Establishments; duties; permanent means to identify bodies. ........ HB 246

Funeral Establishments; identity of persons interred affixed casket.

SB 43

Nonperpetual Care Cemetery; burial space; certificate of operation.

SB 179

CERTIFICATE OF NEED (See Health Care Facilities)

CERTIFICATES OF PARTICIPATION FINANCING; Local Government Debt Limitations; amend Constitution. ..................................... SR 28

CHAIRLIFTS LOCATED BUILDINGS OF NONPROFIT ORGANIZATIONS; exemption. ............................................................. SB 377

CHANDLER, PASTOR CLIFFORD; recognizing.

SR 73

CHAPLAINS OF THE DAY:

Black, Senator John; served as chaplain ................................. Page 1663

Bowling, Dr. Bob ........................................................ Page 49

Colladay, Reverend Frank ............................................... Page 77

Cowart, Pastor Mike ................................................... Page 508

Crowe, Dr. Roy ....................................................... Page 1526

Daniels, Reverend Tommy ............................................... Page 59

Davis, Reverend Sam ................................................... Page 863

Dean, Senator Nathan; served as chaplain ................................. Page 450

Edwards, Dr. Wayne ................................................... Page 894

Evans, Pastor Gene .............................................

Page 218

Ferrell, Reverend Willie ............................................... Page 1430

Floyd, Dr. Ed .......................................................... Page 990

Glanton, Senator Pam; served as chaplain ................................ Page 450

Goren, Rabbi Uri....................................................... Page 961

Grubbs, Pastor David .................................................... Page 97

Ingram, Reverend Carey ................................................. Page 43

Jacobs, Reverend Clay ................................................... Page 87

Jones, Pastor Bill ...................................................... Page 649

Lawrence, Reverend Gary ............................................... Page 837

Lester, Reverend Jimmy ................................................ Page 629

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INDEX

2381

CHAPLAINS OF THE DAY (Continued) Mcllrath, Reverend Jim ............................................... Page 1069 Marcus, Reverend Kenneth ............................................. Page 683 Owing, Dr. Tim ........................................................ Page 930 Perry, Dr. David ....................................................... Page 328 Price, Reverend Price ..................................................... Page 1 Rogers, Reverend Sam G. ............................................... Page 157 Rothschild, Rabbi William .............................................. Page 297 Rucker, Reverend Raleigh ............................................... Page 110 Simmons, Reverend Daniel.............................................. Page 473 Rucker, Reverend Raleigh ............................................... Page 110 Simmons, Reverend Daniel.............................................. Page 473 Skogen, Reverend Kevin ................................................ Page 606 Smith, Reverend Peggy Ward .......................................... Page 1222 Stephens, Dr. B. Wiley ................................................. Page 135 Turnell, Reverend Al ................................................... Page 124 Waller, John, III ...................................................... Page 1355 Wilkinson, Father Bruce ................................................ Page 236 Williams, Reverend Sylvester ........................................... Page 197 Willis, Reverend Harold ................................................ Page 758 Womack, Reverend Johnny ............................................. Page 725 Woods, Reverend Mike ................................................. Page 258 Yopp,Reverend James ................................................. Page 1176

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit Organizations)

CHARLTON COUNTY; Board of Education; election of deputy sheriff. ........ HB 497

CHARTER SCHOOLS Contracts for a Special School; criteria; grants; procedures. ................. SB 235 Grants; funding preference; requirements for operation; renewal. ............. SB 54

CHATEAU ELAN WINERY AND VINEYARDS; commend .................. SR 220

CHATHAM COUNTY

Certain Court Officials; increase compensation. ............................ HB 997

Certain Officials; change compensation. ................................... HB 698

Chatham County Recreation Authority; creation. ........................... HB 830

Georgia International and Maritime Trade Center Authority; creation. ....... HB 914

Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228

Magistrate Court; appointment of part-time magistrates. ................... HB 903

Property Conveyance; land exchange; regional youth detention center.

SR 131

Recreation Authority and Georgia International and Maritime

Trade Center Authority; repeal 1994 Act. .................. HB 829

CHATTAHOOCHEE RIVER

Atlanta; wastewater discharge; R.M. Clayton Plant; alternative plan.

SR 376

Phosphorus Discharge Standards; urge extend variance deadline. ............ SR 345

CHATTOOGA COUNTY; Superior Court; court reporters; salary compensation. .......................................................... HB 821

CHECKS USED IN FINANCIAL TRANSACTIONS

Auto Liability Insurance; dishonored check; cancellation of coverage.

SB 51

Auto Liability Insurance; dishonored check; cancellation of coverage.

SB 238

Bad Checks Issued to Finance Insurance Premiums; fees; cancellation. ....... HB 375

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2382

JOURNAL OF THE SENATE

CHECKS USED IN FINANCIAL TRANSACTIONS (Continued)

Businesses Selling or Cashing Checks or Money Orders; licensure. ........... SB 103

Crime of Deposit Account Fraud; complaints; bad check service charge.

HB 425

CHEROKEE COUNTY Ad Valorem; school taxes; homestead exemption; age and income. ........... HB 803 Cherokee County Parks and Recreation Authority; creation. ................. HB 951 Water and Sewerage Authority; members; qualifications; compensation. ...... HB 879

CHILD ABUSE (Also See Minors or Crimes)

Child Protective Services Information System; registry of abuser

names; contested cases; evidence; confirmed or unconfirmed reports. ....... HB 155

Evidence; statements made by child to another; admissible testimony. ....... SB 124

Evidence; statements made by child to another; admissible testimony. ....... HB 155

Georgia Child Abuse Study Committee; creation. ........................... SR 164

Sex Offenders Ineligible Incarceration in Probation Boot Camp. ............. SB 285

Sexual Abuse; increased criminal penalties; Child Protection Act.

HB 377

Sexual Abuse; offenses against children under age 16. ...................... SB 140

Treatment and Prevention; funding; fines in criminal, traffic cases.

SR 162

CHILD CARE (Also See Day Care Centers); tax credits for employers providing; credits claimed but not used. ...................... HB 336

CHILD CUSTODY

Grandparent Visitation Rights; disputes; guardian ad litem; mediator. ....... SB 365

Interference With Visitation Allowed Noncustodial Parent; penalties. ........ SB 219

Parental Rights; termination proceedings; expedient hearings. ............... HB 495

Parental Visitation; conditions; findings of family violence. .................. SB 120

Selection; best interest; actions between parents or third parties. ............ SB 348

Visitation Rights of Noncustodial Parent; court encouraged to grant.

SB 246

CHILD MOLESTATION

Offenses Against Females Under Age 16. ................................... SB 57

Victims Under Age 16; penalties; Child Protection Act of 1995. ....

HB 377

CHILD PROTECTION ACT OF 1995; enact.

HB 377

CHILD SUPPORT (Also See Domestic Relations)

Computation; consideration of parent's gross income, circumstances. ......... SB 290

Computation; factors; gross income, special circumstances; life

insurance to benefit child; state registry information. ...................... HB 72

Failure to Pay; contempt proceedings; counsel for indigent defendant. ......... SB 61

Failure to Pay; professional business persons; denial of license. .............. SB 227

Parents Ordered to Maintain Life Insurance to Benefit Minor Child. ......... SB 423

Violated Court Orders; employed persons; incarceration; obligations.

SB 7

CHILDREN (See Minors)

CHILDREN & YOUTH SERVICES DEPARTMENT (Also See

Juvenile Proceedings)

Chatham County Regional Youth Detention Center; property conveyance. . SR 131

Correctional Boot Camp; opposing siting on certain Atlanta property.

SR 349

Correctional Facilities; school age youth; special school district. .............. SB 228

Correctional Services; strategic plans, alternatives; privatization.. ........... SR 137

Corrections Facilities; school age youth; special school district. .............. HB 436

County Probation System Employees; define as peace officers. ............... HB 455

Delinquent Children; disposition and custody of a nonresident child. ......... SB 410

Delinquent Children; hearings in connection with proceedings; venue. ........ HB 176

Delinquent or Unruly Acts; disposition; health, hygiene directives. ........... HB 222

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INDEX

2383

CHILDREN & YOUTH SERVICES DEPARTMENT (Continued) Designate; William E. "Bill" Ireland Youth Development Campus; Milledgeville. .......................................................... SR 12 Donations, Contributions, Gifts; solicitation and use of. ..................... HB 646 Employees; transfer of county juvenile detention systems; retirement. ........ SB 435 Facilities; services rendered in repayment of medical school loans. ........... SB 262 Georgia Policy Council for Children and Families Act; enact. ................ SB 256 Juvenile Correctional Officers; peace officer training requirements. .......... HB 444 Juvenile Delinquent Acts; court ordered counseling; compliance. .............. SB 77 Juvenile Delinquent Acts Involving a Designated Felony; inmate records; public access and notification. .................................. SB 156 Juvenile Delinquent Acts or Felony Cases; hearings; notices; records. ..... SB 30 Juveniles Age 13 to 17 Years Convicted as an Adult; separate housing. ...... SB 229 Juveniles; unruly or curfew violations; custody and detention. ............... HB 498 Youthbuild Program for Economically Disadvantaged Youth; establish. ....... SB 315
CHILDREN AND FAMILIES, GEORGIA POLICY COUNCIL FOR; creation. ............................................................... SB 256
CHIROPRACTORS Board of Examiners; terms, qualifications; meetings; issuance of temporary licenses; qualifications; examinations. ....................... SB 367 Scope of Practice; ordering magnetic resonance studies. ..................... SB 409
CHURCHES Health Care Policies Contrary Religious Beliefs; alternative care. ............ SB 417 Single-passenger Chairlifts Located in Buildings; exemption. ................ SB 377 Tax-exempt Churches; authority to operate raffles; licensing. ................ HB 456
CITIES (See Municipalities or Local Government)
CIVIC LITERACY; encourage communities to implement plans for. ........... SR 299
CIVIC ORGANIZATIONS; nonprofit, tax-exempt; authority to operate raffles. .......................................................... HB 456
CIVIC RENEWAL COUNCIL; create; coordinate intergovernmental resources. .............................................................. SB 366
CIVIL ACTIONS (Also See Civil Practice or Torts or Courts) Actions Against Nonresident Defendants; venue under long-arm statute. .... SB 231 Alternative Dispute Resolution; referrals; total divorce cases. ................ HB 704 Breach of Covenant; failure to pay assessments; time limitations. ............ HB 299 Civil Damages Resulting From Student Discipline; exempt educators. ........ HB 134 Consolidation of Actions; repeal requirement that parties consent. ........... SB 182 Contractual Agreements; dispute resolution; arbitration; mediation. .......... SB 168 Damage Actions Against Land Surveyors; period of limitation. .............. SB 303 Depositions; testimony in nonstenographic form; designate methods. ......... SB 283 Disputes Between Nuclear Power Plant Owners and Contracted Employees. . SB 427 Evidence; authenticity of medical reports; admissibility. .................... SB 421 Judicial Sales; advertisements; street address of real property. .............. HB 182 Judicial Sales; legal advertising rates; computing allowable rates. ........... HB 581 Jury Trials and Empaneling of Juries; change various provisions. ........... HB 704 Levying on Land; executions; to whom deliver written notice. ............... SB 277 State Courts; enforcement of judgments; deferred partial payments. ........ SB 434 Torts; limitation on liability; volunteers in disaster emergencies. ............ HB 530
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2384

JOURNAL OF THE SENATE

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts)

Actions Against Nonresident Defendants; venue under long-arm statute. . . . . . SB 231

Arbitration Proceedings; nuclear power plant owners and employees. ........ SB 427

Contractual Agreements; dispute resolution; arbitration; mediation. ... SB 168

Habeas Corpus; Death Penalty Habeas Corpus Reform Act of 1995 enact.

SB 113

Habeas Corpus; review of death penalty sentence; procedures; filing. ......... SB 102

Habeas Corpus; review of death penalty sentences; eliminate delays. .......... SB 80

Levying on Land; executions; to whom deliver written notice. ............... SB 277

Motion to Strike; improper claims relating to public grievances. .............. SB 1

CLARK, WILLIAM H. Claims against the State; compensate. .................................... HR 100 Claims against the State; compensate. .................................... HR 319

CLARKE COUNTY

Board of Education; compensation; expenses. .............................. HB 322

Property Conveyances; grant easement to BellSouth Telecommunications.

SR 118

Superior Court; Western Judicial Circuit; third judgeship. .................. SB 306

Superior Court; Western Judicial Circuit; third judgeship. .................. HB 236

CLARKE, HAROLD G.; retired Supreme Court Justice; designate parkway for in Monroe County............................................ HR 437

CLAY COUNTY; Property Conveyance; lease undeveloped land for golf course. ............................................ ............. SR 257

CLAYTON COUNTY

*

Ad Valorem; county and school millage rate; repeal 1990 Act. ............... SB 455

Ad Valorem School Taxes; homestead exemption; elderly residents. .......... SB 261

Board of Commissioners; change compensation. ............................ SB 358

Board of Education; partisan primaries and elections. ...................... SB 197

Clayton County School System; commend. ................................. SR 106

Probate Court; judge; change compensation. ............................... SB 357

Property Conveyances; grant easements; telecommunications, utilities. ....... SR 118

State Court; deputy clerk; compensation; benefits. .......................... SB 260

Superior Court; deputy clerk; compensation; benefits. ....................... SB 259

Tax Commissioner; deputy commissioner salary. ........................... SB 258

CLERMONT, TOWN OF; mayor and council; qualifications. ................. HB 812

CLEVELAND, CITY OF Mayor, Council; powers, duties; city administrator. ......................... HB 918 Police Court; appeals procedures. ......................................... HB 946

CLOUGH, DR. GERALD WAYNE, GEORGIA TECH PRESH)ENT; recognizing. ............................................................ SR 189

COASTAL RESOURCES Cumberland Island and City of St. Marys; urge National Park Service adopt plan for certain historic properties. ........................ HR 316 Fishing; commercial boats; restrict issuance of new licenses ................. SB 104 Georgia International and Maritime Trade Center Authority; creation. ....... HB 914 Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228 Islands; cities annexing unincorporated island; preclearance. ................ HB 543 Jekyll Island State Park; undeveloped land; development restrictions......... SB 178 Marshland, Water Bottoms; state-owned; leases for marinas or docks. ........ HB 389

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INDEX

2385

COASTAL RESOURCES (Continued) Tidewaters and Navigable Waters; permits for structures; duration. ......... SB 442 Vessels; pilots licensing; pilotage fees; number for certain ports. ............. HB 489
COBB COUNTY Cobb County-Marietta Water Authority; members; appointment; terms. ...... SB 328 Juvenile Court; judges; compensation; designation of second judge. .......... SB 478 Office of Tax Commissioner; chief clerk, executive secretary; salary. .......... SB 461 Probate Court; judge and clerk; change compensation ...................... HB 976 Property Conveyance; grant easement for highway improvements. ........... SR 113 Sheriff; chief deputy, investigator, executive assistant; qualifications; compensation. ........................................................ HB 953 State Court; appointment of a judge pro hac vice. .......................... HB 598 State Court; clerk and chief deputy clerk; compensation. .................... HB 923 State Court; judges; compensation. ...... ................................. HB 919 State Court; solicitor; increase compensation. .............................. HB 996 Superior Court; chief judge; salary supplement ........... ................ SB 475 Superior Court; Cobb Judicial Circuit; eighth judgeship. .................... SB 264 Superior Court; Cobb Judicial Circuit; eighth judgeship. .................... HB 236 Superior Court; Cobb Judicial Circuit, Joint Study Committee on Pilot Projects. ...................................................... HR 260 Superior Court; deputy clerk; compensation. ............................... HB 922 Superior Court; district attorney; investigators and assistants. .............. HB 985 Superior Court; investigators, assistant DAs; compensation. ................. HB 949 U.S. Highway 41; City of Acworth; consent to annex portion of. .............. HR 155
COBB JUDICIAL CIRCUIT District Attorney; investigators, assistant DAs; change number. ............. HB 985 Investigators and Assistant District Attorneys; compensation. ............... HB 949 Joint Study Committee on Pilot Projects; creating. ......................... HR 260 Superior Court; additional judgeship; Cobb County. ........................ SB 264 Superior Court; additional judgeship; coequal jurisdiction. .................. HB 236 Superior Court; chief judge; additional salary supplement. .................. SB 475
COBBTOWN, CITY OF; new charter; recreate and reincorporate. ............ HB 624
CODE OF GEORGIA Delete Terms "Handicap or Handicapped"; insert "disabled" or "persons with disabilities" and "disabling". ............................... HB 601 Delete Terms "Handicap or Handicapped"; insert "disabled or "persons with disabilities". ............................................. HB 653 OCGA; code revisions, modernizations; reenact statutory portion. ............ HB 199 OCGA Title 21; Elections; correct errors and omissions. ..................... HB 197 OCGA Title 47; Retirement and Pensions; correct errors and omissions. ...... HB 278 Power of People to Enact or Reject Statutes at Polls. ........................ SR 4 Power of People to Enact or Reject Statutes; process. ........................ SR 23 Power of People to Enact, Reject Statutes; initiative petition and referendum process. ................................................ SR 60 Power of People to Enact, Reject Statutes; Public Initiative Process. ......... SR 115 Power of People to Propose or Reject Laws; public initiative process. ......... SR 236 Public Initiative Petition Process to Enact or Reject Laws. ................... SR 66
COFFEE COUNTY; Private Lucy Matilda Gauss Bridge; designate over Hurricane Creek. ................................................... HR 233
COLEMAN, LT. COLONEL R.C. (STOCK), PSD SECURITY OFFICER; commend ............................................................... SR 263
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2386

JOURNAL OF THE SENATE

COLEMAN, TOM; former Senator; appointment to Board of Regents; commend ............................................................... SR 327

COLLEGES AND UNIVERSITIES (Also See Education or University

System)

Berry College; declaring Martha Berry Day, October 7, 1995. ................ SR 169

Fort Valley State College, 100th Anniversary; honoring ..................... SR 156

Fort Valley State College, 100th Anniversary; honoring. .................... HR 185

Freaknik College Student Event; create advisory commission to study. ....... SR 322

Grants, Scholarships; persons with disabilities; use lottery funds. ............ SB 158

High School Students; enrollment in postsecondary institutions. .............. SB 47

Higher Education Loan Program; statement of purpose; redefine terms. ...... SB 363

HOPE Scholarship; qualifying students; public assistance recipients.

... SB 432

Medical School Loans; facilities where services rendered repay loans. ........ SB 262

Nonpublic Postsecondary Education Commission; change organization. ... SB 305

Nonpublic Postsecondary; tuition equalization grant funds; criteria. .......... SB 100

North Georgia College; ROTC tuition assistance; increase grants. ............ HB 287

Speed Limits; approval by DOT Traffic Operations; detection devices. ... SB 320

Technical Institutions and University System; collaborative efforts. ........... SR 76

Tuition Equalization Grants; qualified proprietary institutions. .............. HB 228

Tuition Equalization Grants; redefine approved schools. .................... SB 362

University System Employees; retirement membership options. .............. HB 171

University System Outstanding Scholars on Academic Recognition Day. ...... SR 350

University System; regents retirement plan; mutual fund investments. ....... HB 172

COLLINS, LOIS OF CLAYTON COUNTY; commend

SR 107

COLON, JOE, JR.; 1994 Technical Institute GOAL Award; commend. ........ SR 104

COLQUITT COUNTY

Colquitt County High School Football Team; commend. ...................... SR 10

Property Conveyance; old Forestry Headquarters to Board of Education.

SR 160

Property Conveyance; state property; convey to City of Moultrie. ............ SR 159

COLUMBIA COUNTY Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325 Superior Court; Augusta Judicial Circuit; seventh judgeship. ................ HB 236

COLUMBIA HIGH SCHOOL; commend

SR 354

COLUMBUS, CITY OF; Anne Elizabeth Shepherd Home, Youth Services; commend....................................................... SR 203

COMMEMORATIVE RESOLUTIONS Designate; Arthur Langford, Jr., Memorial Parkway; Atlanta. ................ SR 44 Designate; Benson Ham Road; 1-75 frontage road; Monroe County. .......... HR 438 Designate; Charles Hardy Parkway; Paulding County. ....................... SR 15 Designate; Charles Hardy Parkway; Paulding County. ....................... HR 94 Designate; Charles W. Yeargin Building; urge designation of. ............... SR 270 Designate; Charles W. Yeargin Building; urge naming of. ................... HR 497 Designate; Denmark Groover, Jr. Correction's Hospital; Bibb County. ......... HR 21 Designate; Harold G. Clarke Parkway on S.R. 18 in Monroe County. ......... HR 437 Designate; Robert L. Brown Bridge; State Hwy 60, Fannin County. ........... SR 67 Designate; James Cecil Harper, Jr., Bridge; S.R. 32 west of Nicholls. ......... HR 276 Designate; J.L. Turner Bridge, Macon County; William E. Ireland Youth Development Campus, Milledgeville. ............................... SR 12
Designate; John R. McKinney Medal of Honor Highway; Screven County. ... HR 501 Designate; Lake Oconee Parkway; Greensboro to Eatonton. .................. HR 79

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INDEX

2387

COMMEMORATIVE RESOLUTIONS (Continued)

Designate; Michael J. Padgett, Sr., Highway in Augusta. ................... HR 189

Designate; M.L. King, Jr. Drive; State Highway 333, Brooks County.

HR 160

Designate; Old Milton Parkway and the Old Milton County Bridge;

Ga. highway 120; Alpharetta; Fulton County. ............................ HR 195

Designate; Pete Hackney Parking Facility in Atlanta. ...................... HR 368

Designate; portion Pine Mountain Trail to honor D. Neal Wickham. ......... HR 261

Designate; Private Lucy Matilda Gauss Bridge; Coffee County. .............. HR 233

Designate; Purple Heart Highway; portion 1-20 within Rockdale County. . SR 123

Designate; Raymond R. Lester Wildlife Management Area; Polk County. . . . . . SR 227

Designate; Rosa M. Tarbutton Memorial Library in Sandersville. ............ HR 161

Designate; Veterans Parkway; certain portion Interstate 85 North. ........... SR 85

Designate; Wade R. Milam, Jr. Bridge over West Point Lake. ............... SR 132

Designate; Wade R. Milam, Jr., Bridge; West Point Lake; Troup County.

HR 304

Designate; Walter E. Cox Parkway; Ga. Hwy 1 and U.S. Hwy 27. ............ HR 448

Wiregrass Georgia Parkway; celebrating official designation. ................ SR 205

COMMERCE AND TRADE (Also See Professions and Businesses)

Agency Relationships; banks and bank holding companies. .................. SB 103

Agency Relationships; financial power of attorney; statutory form.

SB 105

Agency Relationships; financial power of attorney; statutory form. ........... SB 145

Agency Relationships; power of attorney documents; execution; filing. ........ SB 144

Aircraft Carriers; corporate taxable income; three factor formula. ............. HB 50

Alcoholic Beverage Vendors; training to eliminate sales to minors

or intoxicated persons; committee to study. .............................. SR 254

Alcoholic Beverages; distilled spirits, sales by the drink;

calling a referendum on the question. ................................... HB 680

Alcoholic Beverages; distilled spirits; sales by the drink;

repeal in certain counties. .............................................. HB 517

Alcoholic Beverages; wholesale, retail licensees; residency. .................. SB 422

Amusement, Carnival Rides; inspection; certification; violations. ............. HB 271

Artists and Art Dealers; Georgia Consignment of Art Act enacted. ........... HB 477

Automotive Repair Facilities Study Committee; creating. ................... SR 273

Bankruptcy; interest on claims; contracts for certain secured loans. .......... SB 408

Banks, Financial Services; licenses; operational powers; expansion

of facility locations; mergers; loans; check cashers. ....................... SB 103

Banks; instruments not presented for payment; service charges. ............. HB 791

Beauty Pageants; contests in which prizes are offered; bonds. ............... SB 232

Branch-Banking; establishment at any location within state.

SB 312

Branch-Banking; expansion; community banks within groups of counties. . . SB 165

Business Corporation Code; amend provisions; redefine terms. .............. HB 670

Business Opportunity Statutes; retail centers; leases; mobile

or temporary retail pushcarts or kiosks. ................................. HB 824

Commercial or Industrial Facilities; land auctions; environmental

site assessment. ........................................................ SB 96

Commercial Property; income tax credit for ad valorem property tax. ......... HB 38

Commercial Vehicles Making Deliveries on Streets; flashing lights.

SB 217

Commodities; forest, cotton, feed products; weight of trucks hauling. ......... HB 490

Community Business Development; enhance, promote opportunities.

SB 404

Community Business Development Task Force; creation. .................... SR 253

Confidential Information Reported for Environmental Compliance. ........... SB 244

Contractual Agreements; dispute resolution; arbitration; mediation. .......... SB 168

Copyrighted Musical Works; contracts between owners and proprietors. ...... SB 426

Corporations Administratively Dissolved; reinstatement conditions. .......... SB 138

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2388

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Corporations; computing net income for state and local tax purposes. ......... HB 50

Corporations; insurance; acquisitions, mergers; financial interests. ........... SB 332

Dry Cleaners; use of contaminating solvents; corrective actions. .............. SB 56

Employer Tax and Wage Reports on Domestic Employees; annual filing. ...... SB 29

Employers; immunity; disclosure of employee job performance. .............. HB 297

Firearms Dealers; handgun sales or transfers; state-wide regulation. .......... SB 58

Firearms Dealers; requirements; purchaser background records check. ...... SB 106

Fuel Oil Distributors; licensing; dyed fuel oils for nonhighway use. .......... HB 510

Georgia Tobacco Marketing Act of 1995; warehousemen; maximum charge. . . HB 163

Insurers; capital stock or surplus; revise requirement amount. .............. HB 431

Insurers; genetic testing restrictions; special assessment to

fund fraud investigations; continuity of health insurance coverage. ......... HB 616

Insurers; health care plans; conversion from nonprofit to a

for-profit corporation; procedures. ....................................... HB 669

Insurers Using Genetic Information to Deny Coverage Prohibited. ........... SB 233

Intercepting Private Communication or Messages; interference

with business relations. ................................................. SB 74

Legal Services; cause of action for false advertising; damages. ............... SB 249

Lending Institutions; insuring security interest and collateral. .............. HB 330

Limited Liability Partnerships; comprehensive revisions. ................... HB 563

Manufacturers, Distributors of Personal ID Cards; rules, regulations. ... SB 253

Manufacturing Enterprises; utilization of inmate labor; use of wages. ........ SB 431

Minority Business Participation in State Contracts. ......................... SB 73

Motor Vehicle Dealer Inventory; ad valorem tax; perfecting interest. ......... HB 379

Motor Vehicle Dealers; inventory; ad valorem tax; time for payment. ......... SB 280

Motor Vehicle Repair Shops; customer rights; cost estimate, charges. ........ SB 440

Natural Disasters; rebuilding or repairs; deceptive trade practices. .......... SB 116

Occupation Taxes or Regulatory Fees Levied by Local Governments. ......... HB 175

Odometers; tampering; reference current federal regulations. ................ SB 284

Outdoor Advertising; directional signs; adjacent road rights of way. .......... SB 319

Outdoor Advertising; highway tree trimming permits; fees. ................. SB 321

Outdoor Advertising Signs; tree or vegetation cutting prohibited. ............ SB 169

Petroleum Pipeline Companies; eminent domain procedure, restrictions. .... SB 24

Pharmaceutical Drug Manufacturers, Sellers; government purchasing. ....... SB 300

Private Companies; contracts for public services; competitive system. ........ SB 407

Privatization of State Governmental Services Study Committee; create. ...... SR 117

Real Estate Developers; subdivided lands; purchaser sales agreements. ...... HB 621

Retail Businesses; payment of royalties for using copyrighted music. ......... SB 426

Retail Businesses; pricing markup illegal during state of emergency. ......... HB 283

Retail Installment Contract or Revolving Account; delinquency charge.

HB 219

Retail Motor Fuel Outlets; signs indicating no rest room facilities. ........... SB 360

Small Employers; health insurance benefit plans; carriers, marketing. ....... SB 220

State Chartered Banks; proposed FDIC exam fees; urge Congress reject. . SR 244

Telecommunications and Competition Development Act of 1995; enact. ....... SB 137

Telephone Classified Advertising Directories; deceptive solicitation. .......... SB 361

Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36

Telephone Solicitation Sales; urging regulation of. .......................... SR 298

Telephones; unpublished lines; disclosing ID for commercial gain. ........... SB 137

Ticket Brokers and Scalpers; licensing; reselling admission tickets. .......... HB 516

Trade Associations; workers' compensation group self-insurance funds. ....... SB 286

Trade Secrets; offense of theft; definitions; penalties; prosecution. ............ SB 418

Trade Secrets, Offense of Theft of; penalties. ............................... HB 340

Trade Secrets; redefine; include information on customers, suppliers.

SB 316

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INDEX

2389

COMMERCE AND TRADE (Continued) Used Car Dealers; sales or leases; disclose to purchaser other liens........... SB 153 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration .......................................................... HB 335
Vehicle Emission Inspection Stations; centralized testing prohibited. ......... SB 251 Vendors; collateral; credit transaction insurers, licensing. ................... SB 185 Vidalia Onions; marketing season; requirements for packing, grading. ....... HB 208 Welcome Centers; automated teller and cash-dispensing machines. .......... HB 147

COMMISSION ON SCHOOL HEALTH ASSURANCE; create.

SR 127

COMMISSIONS, BOARDS

Agricultural Cooperative Marketing Associations; clarify powers. ............ HB 125

Aquaculture Development Commission; membership; subcommittees. ........ SB 200

Board of Community Affairs; regional development centers; ratify

changes to territorial boundaries; designating 13 RDCs. .................. HR 323

Board of Education; delegate operation of schools for deaf and blind.

HB 406

Board of Education; urging academic credit for community service. .......... SR 204

Board of Public Health; create new state department and board. ............ HB 528

Constitutional Officers Election Board; eliminate. .......................... SB 193

Council for Civic Renewal; establish; intergovernmental relations. ........... SB 366

County and Municipal Probation Advisory Council; creation. ................ HB 435

Educators Technology Training Commission; creation. ...................... SR 122

Employees; preemployment testing for illegal drug use; requirements. ..... SB 22

Family Violence Commission; membership; change entities represented. ...... SB 115

Freaknik Student Event; create advisory commission to study problems. . SR 322

Georgia Future Communities Commission; creation. ........................ HR 324

Georgia Real Estate Appraisers Board; powers; investigations. .............. SB 465

Health Benefit Plan Committee; review small employer insurance. ........... SB 220

Indian Affairs Commission; create. ........................................ SB 266

Information Technology Policy Council, Georgia; creation. ................... SB 293

Joint Study Commission on Economic Development and Revitalization

in South Fulton County. ............................................... SR 101

Nonpublic Postsecondary Education Commission; change organization. ....... SB 305

Nonpublic Postsecondary Education Commission; expand powers; grants. . .. . . HB 228

Nonpublic Postsecondary Education Commission; powers; tuition grants.

SB 100

Pardons and Paroles Board; public documents; actions and findings. ......... SB 139

Pardons and Paroles Board; voting records; public inspection. ................ SB 59

Policy Council for Children and Families; creation. ......................... SB 256

Professional Engineers and Land Surveyors; state board powers. ............ HB 471

Professional Practices Commission; hearings involving educators. ............ SB 294

Professional Practices Commission; members; expense reimbursement. ....... SB 291

Professional Standards Commission; executive secretary; compensation. ...... HB 406

Professional Standards Commission; investigate certification fraud. .......... SB 296

Public Employees Labor Relations Commission; establishment of............. SB 275

Real Estate Commission; remove as administrator of Time-share Act. ........ HB 622

Real Estate Commission; repeal provisions of Georgia Land Sales Act. ....... HB 621

Recreational Authorities Overview Committee; creation. .................... HB 120

School Health Assurance Commission; creation. ............................ SR 127

Self-insurers Guaranty Trust Fund; board of trustees; chairman term.

HB 579

State Board of Cosmetology; create Electrolysis Advisory Council. ............ SB 85

State Board of Education; election by General Assembly. .................... SR 24

State Board of Pharmacy; powers; infractions; sanctions; records.

HB 611

State Board of Registration of Used Motor Vehicle Dealers and

Used Motor Vehicle Parts Dealers; creation. ............................. HB 335

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2390

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued) State Board of Workers' Compensation; fraud and compliance unit. .......... HB 596 State Boxing Commission; contracts; promotion of amateur boxing. ........... SB 35 State Funds; prohibit expenditures; certain activities or behavior. ........... HB 694 State Museum and State Library Study Commission; re-create. ............. HR 122 State Properties Commission; membership; organization; secretary. .......... HB 576 State; proposed rule adoption; prohibit during certain time period. ........... SB 451 State Transportation Board; members; per diem; travel reimbursement. ...... HB 641 Stone Mountain Memorial Park; adhere master plan for a natural area. ....... SB 27 Technical and Adult Education; urge name Charles W. Yeargin Building at Elbert County satellite campus. ............................. HR 497 Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; establish. ...................................... SB 295

COMMITTEES Senate standing; appointed .............................................. Page 12 Senate Transportation; Senator Cheeks act as Chair ...................... Page 724

COMMITTEES, STUDY (Also See Commissions, Boards)

Aged and Disabled Transportation Task Force; recreate. ..................... HR 95

Atlanta Motor Speedway Traffic Study Committee. ......................... SR 334

Automotive Repair Facilities Study Committee. ............................ SR 273

Community Business Development Task Force. ............................ SR 253

Discretionary Trusts for Disabled Beneficiaries Study Committee. ........... SR 290

Educators Technology Training Commission. ............................... SR 122

Efficient Use of State Buildings and Vehicles Study Committee.

SR 268

Eviction Law Study Committee. ........................................... SR 53

Fire Ant Study Committee. .............................................. SR 293

Georgia Agricultural Exposition Center Horse Racing Facility

Study Committee. ..................................................... HR 242

Georgia Child Abuse Study Committee. ................................... SR 164

Georgia Future Communities Commission; creation. ........................ HR 324

Indian Affairs Study Committee. ......................................... SR 309

Joint Elder Abuse Study Committee. ...................................... SR 121

Joint Guardianship Study Committee. ..................................... SR 77

Joint Public Safety Radar Enforcement Regulatory Study Committee. ... SR 294

Joint Study Committee, Certificate of Need, Health Care Facilities. .......... SR 240

Joint Study Committee on DeKalb County's Form of Government. ........... HR 420

Joint Study Committee on Georgia Agricultural Education. ................. SR 163

Joint Study Committee on Pilot Projects in Cobb Judicial Circuit. ........... HR 260

Joint Study Committee on Pilot Projects in Douglas Judicial Circuit. ......... SR 274

Joint Study Committee on Pilot Projects in Gwinnett Judicial Circuit. ....... HR 384

Joint Study Committee on School Construction. ............................ HR 417

Joint Study Committee on Use of "911" Ambulances. ........................ SR 57

Joint Subsequent Injury Trust Fund Study Committee. ..................... SR 247

Local Education Finance Review Study Committee. ........................ SR 202

Mathematics and Science Residence School Study Committee. ............... SR 333

Medicaid Discrimination in Nursing Home Admissions Study Committee. . . . . . SR 68

Motor Vehicle Title Pawn Loans Study Committee. ......................... SR 297

Music Industry Interim Study Committee; Citizen's Advisory Council. .... SR 14

Pain Management Study Committee. ...................................... SR 69

Poultry Feed and Transportation Study Committee. ........................ SR 278

Privatization of State Governmental Services Study Committee; create. ...... SR 117

Rural Hospital and Health Care Financing Study Committee. ............... SR 320

School Health Assurance Commission. .................................... SR 127

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INDEX

2391

COMMITTEES, STUDY (Continued) Solid Waste Reduction Study Committee. .................................. SR 265 State Museum and State Library Study Commission; re-create. ............. HR 122 Task Force on Violence in the Media. ..................................... SR 196 Voluntary Alcoholic Beverage Responsible Vendor Training Program. ........ SR 254 Water Quality and Water Supply Alternative Financing Study Committee. SR 191

COMMUNITY AFFAIRS DEPARTMENT Contracts; economic assessment of local government structure. .............. HR 324 Duties; agency for recycling and waste reduction education efforts. .......... HB 148 Duties; implement Local Government Authorities Registration Act. .......... HB 250 Regional Development Centers; territorial boundaries; ratify changes. ........ HR 323

COMMUNITY BUSINESS DEVELOPMENT TASK FORCE; creation.

SR 253

COMPENSATION RESOLUTIONS Claims Against the State; Alonzo Key; compensate. ......................... HR 80 Claims Against the State; Carrie Fletcher; compensate. ..................... HR 102 Claims Against the State; Carrie Fletcher; compensate. ..................... HR 172 Claims Against the State; Charlotte Brandenburg; compensate. ............. HR 172
Claims Against the State; Five Star Dodge, Inc.; William H. Clark; compensate. .................................................... HR 319
Claims Against the State; Robert T. Cramer; compensate.................... HR 277 Claims Against the State; Sue F. Condrey; compensate....................... HR 78 Claims Against the State; William H. Clark; compensate. ................... HR 100

COMPULSORY SCHOOL ATTENDANCE; Minimum Age; earlier enrollment at age six. ................................................... SB 190

COMPUTERS AND DATA PROCESSING SYSTEMS Computer Networks; unlawful communications; illegal weapons or terroristic acts. ...................................................... HB 76 Educators Technology Training Commission; creation. ...................... SR 122 Educators; use of lottery proceeds to train in use of computers. ............... SB 46 GeorgiaNet Authority; computer access; General Assembly activities. ........ SB 337 GeorgiaNet, PeachNet; computer access to legislative information. ............ HB 53 Information Technology Policy Act of 1995; enact. .......................... SB 293 Insurers; financial assets; electronic record keeping machines. ............... HB 595 Technology Related Assistance for Individuals with Disabilities Act. ......... SB 295

CONASAUGA JUDICIAL CIRCUIT Superior Court; additional judgeship; coequal jurisdiction. .................. HB 236 Superior Court; fourth judgeship; Murray and Whitfield Counties. ........... SB 221

CONDREY, SUE F.; claims against the State; compensate. ................... HR 78

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government) Claiming State Sovereignty Under 10th Amendment, U.S. Constitution. ... SR 308 Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1 Federal Mandates; National Voter Registration Act financial burden. ........ SR 130
Federal Mandates; unfunded liabilities; request meeting with Georgia Delegation. .................................................... SR 71
Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405 Georgia Representatives to Senate, House; term limitations. ................. SR 39 Georgia Representatives to Senate, House; term limitations. ................ SR 161 House of Representatives, Speaker Newt Gingrich; address General
Assembly. ............................................................ HR 238

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2392

JOURNAL OF THE SENATE

CONGRESS, U.S. (Continued) National Voter Registration Act; repeal provisions enacted by state. ......... SB 252 Ratifying Amendment to U.S. Constitution Requiring a Balanced Budget. ... SR 272 Senate; urge adopt balanced budget amendment to U.S. Constitution. ... SR 136 State Chartered Banks; proposed FDIC exam fees; urge Congress reject. ... SR 244 Urge cease funding military activities of the U.N. Security Council not authorized by Congress. .................................... SR 255 Urge Continued Support for Reduced-priced School Lunch Programs. ........ SR 179 Urge Enact Legislation to Provide Medical Savings Accounts Incentive. ...... SR 288 Urge Fund Intermodal Surface Transportation Efficiency Act, ISTEA. ........ SR 281 Urge Increase Gross Estate Exemption from Federal Estate Taxes. .......... HR 290 Urge National Labeling of Points of Origin on Peanut Products. ............. HR 173 Urge Secretary of Defense Not Include Fort Stewart 24th Infantry Division in Military Downsizing. ........................................ SR 266 Urge Use Military Resources to Declare War on Illegal Drugs. .............. HR 259
CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)
CONSTITUTIONAL AMENDMENTS Appropriations Act Previously Enacted; prohibit General Assembly amendments increasing expenditures. .................................... SR 26 Appropriations, General; prohibit supplemental acts increasing expenditures. ......................................................... SR 251 Appropriations; Governor's authority to reduce; overriding reduction. ........ SR 175 Appropriations; state budget; 50 percent for education. ...................... SR 46 Appropriations; state expenditures; limitations, reserves, emergencies, local mandates. ....................................................... SR 176 Child Abuse Treatment, Prevention; additional penalties to fund; criminal, traffic cases. ................................................. SR 162 Disabled Persons; create Technology Related Assistance Trust Fund.......... SR 166 Elections; term limitations; Congress, state officers; extend State Senators terms. ................................................. SR 161 Elections; term limitations; General Assembly and other officers. ............. SR 2 Elections; term limitations; General Assembly and other officers. ............. SR 30 Elections; term limitations; General Assembly; four terms. ................... SR 39 Elections; term limitations; General Assembly; six 2-year terms. .............. SR 36 Elections; term limitations; General Assembly; 4-term limit. ................. SR 35 Elections; term limitations; local officers, boards of education. ................ SR 3 Enterprise Zones Creating Employment in Underdeveloped Areas; employer tax exemptions, credits. ........................................ SR 64 Enterprise Zones; creation; separate tax treatment purposes; local referendum approval. .............................................. SR 63 General Assembly; general bills authorizing taxes, fees, assessments; approval by 2/3 of the members. ......................................... SR 61 General Assembly; general bills imposing taxes, fees, assessments; approval by 2/3 of members.............................................. SR 78 General Assembly; unexpired terms; vacancies prior final six months; appointment by Governor. ..................................... SR 287 Island Property Within Constitutional Industrial Area; allow removal. ....... SR 228 Local Government Contracts or Leases; debt limitations. ..................... SR 28 Management of Public Schools Achieving Below Minimum Standards; acquisition by state. .................................................... SR 25 Parental Rights to Direct Upbringing and Education of Their Children Shall Not be Infringed. ........................................ SR 167
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INDEX

2393

CONSTITUTIONAL AMENDMENTS (Continued) Public Initiative Petition and Referendum Process. .......................... SR 60 Public Initiative Petition Process; procedures. ............................... SR 4 Public Initiative Petition Process; procedures. .............................. SR 236 Public Initiative Petition Process to Enact or Reject Laws. ................... SR 66 Public Initiative Petition Process to Enact or Reject Statutes. ............... SR 115 Public Initiative Process; procedures; restrictions. ........................... SR 23 Special Purpose County Sales Tax; proceeds sharing; county, municipal, educational projects. ......................................... SR 20
Special Purpose County Sales Tax; proceeds sharing; county, municipal, local school purposes. ........................................ SR 180
Special Purpose County Sales Tax; proceeds; use for education. .............. SR 125 State Board of Education; election by General Assembly; State
School Superintendent appointed by board. ............................... SR 24 State Board of Pardons and Paroles; state-wide elections. .................... SR 34 State Commission on Judicial Compensation; creation. ...................... SR 97 State Debt; funding activities to remove hazardous wastes. ................. SR 128 State Debt; limitations; life of item financed or 20 years. .................... SR 168

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTITUTIONAL OFFICERS ELECTION BOARD; eliminate.

SB 193

CONSTRUCTION (Also see Contractors or Contracts)

Contractors; project sites; Notice of Commencement of work. ................. SB 50

Engineers and Land Surveyors; professional certification requirement. ... HB 471

Home Construction Activities; discharges of pollutants into waters. ...

SB 375

Housing Affordability Impact Note Act; general assembly requirements. ....... SB 97

Natural Disasters; rebuilding or repairs; deceptive trade practices. .......... SB 116

Roofing Contractors; powers of Construction Industry Licensing Board. ...... SB 342

Youthbuild Program; apprenticeship programs in construction trades. ........ SB 315

CONSUMER TRANSACTIONS (Also See Selling and Other Business

Practices);

Automotive Repair Facilities Study Committee; creating. ................... SR 273

Consumers' Utility Counsel; create division within Governor's Office. ........ HB 332

Motor Vehicle Repair Shops; customer rights; cost estimate, charges. ........ SB 440

Motor Vehicle Title Pawn Loans Study Committee; creation. ................ SR 297

Retail Motor Fuel Outlets; signs indicating no rest room facilities ........... SB 360

Telecommunications and Competition Development Act of 1995; enact.

SB 137

Telephone Classified Advertising Directories; deceptive solicitation. .......... SB 361

Telephone Solicitation Sales; urging regulation of. .......................... SR 298

Used Car Dealers and Used Vehicle Parts Dealers; regulation of. ............ HB 335

CONTACT LENSES; Sales or Dispensing; prescriptions; strict guidelines. .............................................................. SB 125

CONTRACTORS Architectural or Engineering Firms; DOT contracts; preaward audits. ... HB 328 Notice of Commencement of Work; copy to subcontractor, materialmen. ....... SB 50 Roofing Contractors; powers of Construction Industry Licensing Board. ...... SB 342 Utility; licensees; expand definition applicable to plumbing systems. ......... HB 471

CONTRACTS Cemetery Owners; failure to maintain property or burial merchandise. ....... SB 359 Code Revision; Title 13; correct errors and omissions. ....................... HB 199
Contractors; liens of persons with no contract; written Notice of Commencement of work. .............................................. SB 50

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2394

JOURNAL OF THE SENATE

CONTRACTS (Continued)

Counties of 500,000 or More; awards made without competition. ............. SB 241

Deposit Account Fraud; bad checks; complaints; service charges. ............. HB 425

Freedom of Contract; agreements for alternative dispute resolution. ......... SB 168

Georgia Higher Education Loan Program; servicing; administration of. ....... SB 363

Hospital Authorities; services to Medicaid beneficiaries; managed

health care plans or networks. ......................................... HB 765

Illegal; selling information about criminal trials; jury tampering. ............ SB 191

Loans Secured by Real Estate or Other Collateral; bankruptcy claims. ....... SB 408

Local Government Debt Limitations; amend Constitution. .................... SR 28

Powers of Georgia Institute for Community Business Development. ...

SB 404

Probation Supervision Services; private contractors; standards. .............. HB 435

Public; prohibit discrimination or granting preferential treatment. ...

SB 82

Realty; areas zoned farm and forest activities; notice to purchasers.....

HB 194

Retail Businesses; payment of royalties for using copyrighted music. ......... SB 426

Retail Installment or Revolving Accounts; maximum delinquency charge.

HB 219

School Administrators; tenure policy; limit certain rights. ................... HB 154

School Systems, Local Authorities; multiyear contracting powers. ............ SB 428

State; minority participation; bid opportunities; assistance. .................. SB 73

Subdivided Land Sales; purchaser rights; developer requirements. ........... HB 621

Transportation Department; preaward audits; architect, engineering firms. HB 328

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes)

Criminal Investigations; documentary evidence; subpoenas. ................. HB 338

Distributors, Researchers, Pharmacists; regulation; registration.

.... HB 611

Drug Related Crimes; use of certain weapons; enhanced penalties. ........... HB 308

Violations; dangerous drugs; change listing and certain penalties. ........... HB 342

COODY, MRS. ELLEN BLACKBURN; regrets at her passing. .............. SR 213

COOK, CARLA; Girl Scout Gold Award; commend .......................... SR 339

COPYRIGHTED MUSICAL WORKS; contracts between owners, retail proprietors. ............................................................. SB 426

CORONERS (See Medical Examiners or Public Officers, Employees)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Banking Institutions; expand corporate and operational powers. ............. SB 103 Business Corporation Code; amend provisions; limited liability companies; articles; voting shares; officers; foreign; nonprofit. ............. HB 670 Code Revision; Title 14; correct errors and omissions. ....................... HB 199 Corporations; business or nonprofit; dissolution; reinstatement. .............. SB 138 Corporations; insurance financial transactions; insurable interests. .......... SB 332 Corporations; nonprofit; two or more volunteer fire departments. ............ SB 416 Health Care Insurance Corporations; conversion from nonprofit to for-profit status; procedure for formation. ............................. HB 669 Income Taxes; net income computation; apportionment formula method. .... HB 50 Income Taxes; Property Tax Credit Act of 1995. ............................. HB 38 Limited Liability Partnerships; duties, liability, mergers, purpose. ........... HB 563 Workers' Compensation; coverage of corporate officers; exemption. ........... HB 596 Workers' Compensation; exemption of officers; guidelines, limits. ............ SB 323 Workers' Compensation Group Self-insurance Funds; revise provisions. ...... SB 286

CORRECTIONS (Also See Inmates or Jails) Atlanta; proposed boot camp facility; opposing construction of. ............... SR 349 Code Revision; Title 42; correct errors and omissions. ....................... HB 199 Community Service Probation Program; implementation of. .................. SB 78

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INDEX

2395

CORRECTIONS (Continued) County Diversion Programs; incarceration; persons violating orders for child support or alimony. ...................................... SB 7 Department; prison management; outcomes based budgeting system and 5-year strategic plan; report to General Assembly. ................... SR 137 Employees; transfers from county juvenile systems; retirement. ............. SB 435 Facilities; offense of riot in a penal institution; felony penalty. ................ HB 87 Family Violence Intervention and Counseling Program for Inmates. ......... SB 157 First Offenders Exonerated and Discharged; criminal history records. ........ HB 314 Inmate Labor Assignments; correctional industries, farms; public works; private manufacturing; distribution of wages earned. .............. SB 431 Inmate Labor to Perform Roads and Highway Maintenance; urge use of. ...... SR 90 Inmate Reimbursement to Counties and Municipalities Act of 1995. ......... SB 222 Inmates Convicted Sexual Violent Offenses Requiring Registration of Residence Address; parole conditions. .................................. SB 53 Inmates; crimes committed while in prison; service of sentences. ............ SB 406 Inmates; education; special school district for youth; training for adult offenders. .................................................... SB 228 Inmates; education; special school district for youth; vocational training for adult offenders. ............................................ HB 436 Inmates; medical treatment; repayment; persons in workcamps or municipal or county detention facilities. ............................... HB 757 Inmates; parole conditions; counseling related to family violence. ............ SB 157 Inmates; parole conditions; obtain educational or vocational skills; participate Alcohol/Drug Use Reduction Program. .................. HB 229 Inmates; parole conditions; offenses indicating alcohol, drug usage. .......... SB 154 Inmates; probation conditions; court ordered community service. .............. SB 78 Inmates; probationers; Community Service Pilot Project sites. ............... HB 435 Inmates; probationers; supervision by private contractors. .................. HB 435 Jail Facilities; issuance of revenue bonds to finance. ........................ HB 349 Jail Facilities; Regional Jail Authorities; participant counties. ............... HB 345 Jailing of Prisoners in Another County; pretrial proceedings. ................ HB 347 Jails Operated by Regional Jail Authorities; use of certain funds. ............ HB 348 Jails or Regional Facilities; use of special county 1% sales tax. .............. HB 346 Juvenile Correctional Officers; training requirements; certification. .......... HB 444 Municipal Probation Systems; collection of delinquent fines. ................. SB 276 Pardons and Paroles Board; public records; names, actions, findings. ......... SB 139 Pardons and Paroles Board; voting records; public inspection. ................ SB 59 Pardons and Paroles, State Board; state-wide elections. ...................... SR 34 Persons Accused of Felony Crimes and Found Mentally Incompetent. ........ SB 160 Prison Hospital; designate for Denmark Groover, Jr.; Bibb County. ........... HR 21 Probation Boot Camp; ineligible inmates; commission of felony crimes. ....... SB 285 Probation Detention, Diversion Centers; delineate uses for; fees. ............. SB 230 Probation; employees of county systems; peace officer standards. ............ HB 455 Probation Services; County and Municipal Probation Advisory Council created; Community Service Judicial Circuit Pilot Project established. ........................................................... HB 435 State Facilities; urge designated outside smoking area locations. ............ SR 304 State Hospital Medical Facility; proposed locations; study committee. ........ SR 261 Youth Confinement Unit; housing for juveniles convicted as an adult. ........ SB 229
COSMETOLOGY Electrolysis; permanent hair removal; regulation of electrologists. ............ SB 85 State Board; membership; include an electrologist; advisory board. ........... SB 85
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2396

JOURNAL OF THE SENATE

COUNTIES (Also See Local Government)

Ad Valorem; airport properties split by county lines. ....................... HB 790

Ad Valorem; exemption; historic fraternal benefit lodge; referendum. ......... HB 399

Ad Valorem; exemption; property of nonprofit museums; referendum. ........ HB 252

Ad Valorem; imposition of homestead option sales tax to replace. ............ HB 108

Ad Valorem; standing timber assessment; calculating millage rate. .......... HB 755

Ad Valorem; tax executions for property taxes; consent to transfer.

SB 88

Ad Valorem Tax Liability; apportion between seller and purchaser. ........... SB 86

Ad Valorem Tax Liens; delinquent properties; foreclosure procedures. ........ SB 338

Ad Valorem; taxpayer refund claims; prohibit certain requests. .............. HB 441

Ad Valorem; unpaid taxes due to reasonable cause; waiver of penalty. ....... HB 523

Alcoholic Beverages; distilled spirits, sales by the drink;

calling a referendum on the question. ................................... HB 680

Alcoholic Beverages; distilled spirits; sales by the drink;

repeal in certain counties. .............................................. HB 517

Authorities; annual registration with Department Community Affairs.

HB 250

Boards of Education; school construction options; study committee. .......... HR 417

Boards of Health; create new state Department of Public Health.

HB 528

Boards of Health; injunctions to abate public health violations. ............... SB 69

Boards of Health; regulation of contagious tuberculosis...................... HB 454

Boards of Health; retirement membership of mental health employees. ........ SB 4

Boards of Health; sanitation, health certificates for food handlers. ............ SB 75

Bond Elections; legal advertisement stating intention; use of funds. .......... HB 417

Branch-Banking Expansion; community banks within groups of counties. . . . . . SB 165

Budgetary, Fiscal, Auditing Procedures; statutory construction. .............. SB 447

Business or Occupation Taxes; amount of tax levy; criterion. ................ SB 314

Capital Felony Trials; eligible expenses; reimbursement. .................... SB 313

Contracts for Regional Facilities; restrictions; studies, hearings. ............. SB 126

Contracts; multiyear contracting powers; property restriction. ............... SB 428

Contracts; procurement methods; awards made in best interest. ............. SB 241

Correctional Institutions; custodians; crime victim notification. .............. HB 170

Council for Civic Renewal; intergovernmental resources coordination. ........ SB 366

County Officers; employing individual legal counsel; circumstances. .......... HB 605

Courthouses; satellite sites; counties over 400,000. ......................... HB 493

Courthouses; satellite sites; issuance of marriage licenses. .................. HB 492

Development Authorities; appointees as directors; financial audits. .......... SB 132

Development Authorities; joint; job tax credits; eligibility.

HB 336

Elected Officers; term limitations; amend Constitution.

SR 3

Elected Officers; term limitations; 12 consecutive years. .................... SB 340

Elected Officials; eligibility to hold office; high school diploma. ............... SB 181

Elections; amend provisions; primaries; nonpartisan; qualifying;

ballots; voting; electors lists; board of registrars; returns.

SB 193

Elections for Bonded Indebtedness; legal advertisement; use of funds.

HB 417

Elections; poll officers; chief manager; increase compensation.

HB 636

Elections; special primaries, referendums; registration deadline. ............. HB 423

Expenditure Mandated by Legislation Imposing a Fiscal Impact.

SB 216

Expenditure Mandated by New or Revised State Programs; fiscal impact.

SB 134

Expenditure of Funds; benefits and salaries for elected officers.

HB 356

Expenditure of Funds; employment benefits for officers, employees.

HB 217

Expenditure of Funds; expenses relative to empaneling of juries.

HB 704

Expenditure of Funds; insurance, employment benefits; restrictions. ......... SB 226

Expenditures Mandated by Legislation; General Assembly procedures.

SB 38

Governmental Facilities; display of POW-MIA flag each November. ........... SB 25

Hotel-Motel Excise Tax; additional authorization; certain conditions. ......... HB 419

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INDEX

2397

COUNTIES (Continued)

Investment of Funds in Bank Certificates of Deposits. ...................... SB 242

Issues Threatening Economic Prosperity; commission to study. .............. HR 324

Jail Facilities; agreements; Regional Jail Authorities Act; enact.

HB 345

Jail Facilities; issuance of revenue bonds to finance. ........................ HB 349

Jailing of Prisoners in Another County; pretrial criminal procedure.

HB 347

Jails Operated by Regional Jail Authorities; use of certain funds. ............ HB 348

Junkyards, Salvage Yards; location; screening; actions against owner. ........ SB 302

Land Records; attestation of mortgages filed, recorded and indexed.

SB 243

Local Boards of Education; duties; personnel report to state auditor.

HB 578

Local Government Efficiency Grants; use of funds; redefine term. ............ HB 553

Local Option Sales; proceeds sharing; county and education purposes. ........ SR 125

Local Option Sales; proceeds sharing; educational purposes. ................. SR 180

Magistrates; increase minimum annual salary; longevity increases.

HB 468

Mental Health Community Service Boards; funding allocations.

SB 339

Occupation Taxes, Regulatory Fees; computation; extensive revisions.

HB 175

Probation Supervision Services; joint advisory council created;

promulgate rules for private contractors. ................................ HB 435

Probation System Employees; include definition of "peace officer".

HB 455

Public Employees; personnel file; termination records disclosure. ............ HB 214

Public Roads; disposal of property; procedure for selling. .................... SB 161

Regional Development Centers; territorial boundaries; ratify changes.

HR 323

Rural Physicians in Selected Specialties; income tax credit. ................. HB 524

Sales Tax; special purpose; proceeds sharing; county, municipal,

educational projects. .................................................... SR 20

Sales Tax; special purpose; Stone Mountain Memorial Association. ........... HB 475

Sales Tax; special 1%; use of proceeds; regional jail facilities. ................ HB 346

Sales Tax; special 1%; use of proceeds; sidewalks, bicycle paths,

capital outlay projects; reimposition; inapplicable exemption. .............. HB 161

School Districts; state regulatory mandates; fiscal impact notes.

SB 134

Sheriffs; cash bonds; deposits in interest-bearing accounts. .................. HB 198

Speed Limit Restrictions; provide for signage; minimum penalty.

SB 48

State Agencies Proposing to Relocate Operations; economic impact.

SB 150

Vital Records Fees; retention by probate court judges; limitations. ........... HB 248

Volunteer Fire Departments; formation of nonprofit corporations.

SB 416

Voter Registrars; change minimum compensation. .......................... SB 194

Voter Registration Sites; use of government service centers. ................. SB 193

Workers' Compensation Group Self-Insurance Funds; revise provisions.

SB 286

Zoning Actions Impacting Neighboring Counties; review procedures. ......... SB 270

Zoning Procedures; defeated rezoning actions; reconsideration. .............. SB 215

COURTS (Also See Judicial Circuits or Superior Courts)

Administrative Office of Courts; duties; interest rate on judgments.

SB 180

Alternative Dispute Resolution; parties seeking divorce or alimony. .......... HB 704

Appeals Court; assistance of other justices, judges; procedures. .............. SB 279

Bail in Cases Involving Serious Violent Felony and Prior Conviction.

SB 81

Capital Felonies; death penalty cases; sentencing, deadlocked juries.

SB 329

Capital Felonies; death penalty cases; sentencing, deadlocked

jury verdict; expenses, reimbursement to counties. ....................... SB 313

Civil Actions; consolidation of actions; repeal consent of parties.

SB 182

Civil Actions; executions; written notice of levy on land.

SB 277

Civil Actions; improper claims relating to public issues, concerns. ............. SB 1

Civil Actions; judicial sale advertisements; include street address. ........... HB 182

Civil Actions; persons engaged land surveying; period of limitation. .......... SB 303

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2398

JOURNAL OF THE SENATE

COURTS (Continued) Civil Practice; lawsuits involving nonresident defendants; venue. ............ SB 231 Cobb Judicial Circuit; nommiform pilot programs; committee to study. ....... HR 260 Contempt Powers; parent failure comply court ordered counseling. ............ SB 77 Contempt Powers; violation of orders for child support or alimony. ............ SB 7 Court Bailiffs; compensation; increase maximum per diem. .................. SB 257 Court Reporters; depositions; testimony in nonstenographic form. ............ SB 283 Criminal Cases; change of venue; procedures. .............................. HB 704 Criminal Cases; victim's rights and role in procedural matters. .............. HB 170 Criminal Trials; witnesses, jurors; accepting money for information. ......... SB 172 Criminal Trials; witnesses, jurors; prohibit selling of information. ........... SB 191 Discovery in Cases of Theft of Trade Secrets; protective orders. .............. SB 418 District Attorneys; additional assistant DAs; crime victim advocate. ......... HB 178 District Attorneys; criminal investigations involving fraud or drugs; documentary evidence; subpoena powers. ....................... HB 338 District Attorneys; retirement benefits; computation basis. .................. HB 592 District Attorneys' Retirement Fund; trustees; investment authority.......... HB 662 District Attorneys; retirement; spouse benefits coverage. ..................... SB 67 Evidence; admissibility of videotapes; vehicle or traffic violations. ............ SB 444 Evidence; authenticity of medical reports; admissibility. .................... SB 421 Evidence; hearsay; child abuse cases; admissible statements by child. ........ HB 155 Evidence; hearsay; statements of child abuse made to another. .............. SB 124 Evidence; investigative subpoena; witness testimony; victim presence......... HB 338 Evidence; spousal testimony; offenses involving battery, stalking, property damage or trespass. ........................................... SB 234 Evidence; testimony by deposition; physician in child abuse cases. ........... HB 290 Evidence; witnesses; privileged communications; psychotherapists. ........... SB 223 Family Violence Cases; inform victims of available resources. ............... SB 209 Family Violence Cases; superior court costs; total sum of fee. ................ SB 117 Family Violence Cases; superior court fees; inclusive amount. ............... HB 498 Family Violence Intervention Program; orders to participate. ................ SB 157 Fines and Forfeitures; additional penalty assessments to fund technology related rehabilitative services. ............................... SB 295 Fines; criminal cases; additional fines; victim assistance programs. .......... SB 114 Fines; criminal, traffic cases; allocate for child abuse treatment. ............. SR 162 Fines; disposition; law enforcement officer training; disbursements. .......... SB 155 Gwinnett Judicial Circuit; pilot projects; joint committee to study. ........... HR 384 Habeas Corpus Actions; review of death penalty sentence; procedures. ....... SB 102 Habeas Corpus Petitions, Writs Challenging Death Penalty Sentence. ........ SB 113 Habeas Corpus Review of Death Penalty Sentences; eliminate delays. ......... SB 80 Hearings; issues relating to grandparent visitation rights. .................. SB 365 Jails Operated by Regional Jail Authorities; use of certain funds. ............ HB 348 Judicial Circuits; probationers; Community Service Pilot Project. ............ HB 435 Judicial Compensation; create state commission; amend Constitution. ......... SR 97 Judicial Sales; legal advertising rates; procedure for computing. ............. HB 581 Juries in Cases Where Government is Opposing Party; powers. .............. SB 311 Jurors; contempt of court; accepting money for trial information. ............ SB 172 Jurors; trial and grand juries; change various provisions. ................... HB 704 Jury Tampering; selling of information involving criminal actions. ........... SB 191 Justices and Judges; temporary assistance to appellate court. ............... SB 279 Juvenile; delinquent children; disposition of a nonresident child. ............. SB 410 Juvenile; dispositional hearings; placement in detention center; health, hygiene or rehabilitation directives. .............................. HB 222 Juvenile; hearings in connection with proceedings; venue. ................... HB 176
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INDEX

2399

COURTS (Continued) Juvenile; judge pro tempore; appointment of state court judges. ............. SB 141 Juvenile; judges; annual training certification; judicial education. ............ SB 292 Juvenile; judges; associate judges; annual training requirements. ............ SB 229 Juvenile; orders for counseling; parent, guardian noncompliance. ............. SB 77 Juvenile; records; automated or computerized; inspection. .................... SB 30 Juvenile; records, files; computer storage; public inspection. ................. SB 156 Juvenile; termination of parental rights; expedient hearings. ................ HB 495 Lien Foreclosures; abandoned motor vehicles; attorney's fees. ................ SB 87 Long-arm Statute; venue; actions against nonresident defendants. ........... SB 231 Magistrate; magistrates; minimum annual salary; longevity increases. ....... HB 468 Municipal; judges; eliminate certain residency requirement. ................. HB 301 Municipal; service fees; actions to collect delinquent fines. .................. SB 276 Paternity Petitions; guardian ad litem for minor; appointment. .............. HB 339 Pretrial Proceedings; felony crimes; issues of mental competency. ............ SB 160 Probate; courthouses; additional satellite locations. ......................... HB 493 Probate; hearing to determine eligibility to purchase a handgun. ............. SB 58 Probate; judges; rename Training Council; vital records fees. ................ HB 248 Probate; judges; retirement; benefits; redefine surviving spouse. ............. HB 483 Probate; judges; retirement; increase time for vesting. ...................... HB 484 Probate; judges; retirement; spousal benefits; selection options. .............. HB 485 Probate; jurisdiction; defendants pleading mentally incompetency. ............ SB 94 Probate; satellite sites; issuance of marriage licenses. ....................... HB 492 Sentence Circumvention, Offense of; criminal penalty. ...................... HB 315 Sentence Review Procedures; Death Penalty Habeas Corpus Reform Act. . . . . . SB 113 Sentences; death penalty; procedures for actions filed challenging. ........... SB 102 Sentencing; capital cases; death penalty appeals; review procedures. .......... SB 80 Sentencing; death penalty cases; deadlocked jury verdict. ................... SB 313 Sentencing; death penalty cases; deadlocked jury verdict. ................... SB 329 Sentencing of Persons to Probation Diversion or Detention Centers........... SB 230 Sentencing; parolees, probationers; alleged new offenses. .................... HB 509 Sentencing Powers; violated orders for alimony or child support. .............. SB 7 State Employees; motor vehicle expense reimbursement rate. ............... HB 474 State; enforcement of judgments; deferred partial payments. ................ SB 434 Superior; Alcovy Judicial Circuit; additional judgeship. ..................... HB 236 Superior; Alcovy Judicial Circuit; salary supplement. ....................... SB 466 Superior; Alcovy Judicial Circuit; third judgeship. .......................... SB 278 Superior; assistant district attorneys; number in each circuit. ............... HB 231 Superior; Augusta Judicial Circuit; additional judgeship. .................... SB 325 Superior; Augusta Judicial Circuit; additional judgeship. .................... HB 236 Superior; Clerks' Cooperative Authority; automated records system. ......... SB 114 Superior; clerks; recording power of attorney documents..................... SB 144 Superior; Cobb Judicial Circuit; additional judgeship. ....................... HB 236 Superior; Cobb Judicial Circuit; eighth judgeship. .......................... SB 264 Superior; Conasauga Judicial Circuit; additional judgeship. ................. HB 236 Superior; Conasauga Judicial Circuit; fourth judgeship. ..................... SB 221 Superior; court bailiffs; compensation; increase maximum per diem. ......... SB 257 Superior Court Judges and District Attorneys Retirement Funds; Employees' Retirement System to administer............................. HB 137 Superior Court Judges Retirement; trustees; investment authority. .......... HB 662 Superior; Coweta Judicial Circuit; additional judgeship. .................... HB 236 Superior; fees for services rendered; family violence cases. .................. SB 117 Superior; fees for services rendered; family violence cases. .................. HB 498 Superior; Macon Judicial Circuit; additional judgeship. ..................... HB 236
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2400

JOURNAL OF THE SENATE

COURTS (Continued) Superior; Northern Judicial Circuit; additional judgeship. ................... HB 236 Superior; Ogeechee Judicial Circuit; additional judgeship. ................... HB 236 Superior; Piedmont Judicial Circuit; additional judgeship. .................. HB 236 Superior; Western Judicial Circuit; additional judgeship. .................... HB 236 Superior; Western Judicial Circuit; new third judgeship. .................... SB 306 Supreme; justices and appellate judges; invite General Assembly. ............. HR 16 Traffic Fines; funding for Technology Related Assistance Trust Fund. ........ SR 166 Trial Judges and Solicitors Retirement Fund; investment authority. ......... HB 662 Trial Juries; Jury Power Restoration Act. ................................. SB 311 Trials; felony cases; transfer of venue; pleas; discovery provisions; witness information. ................................................... HB 627 Trials; felony cases; witnesses; disclosure of personal information. ........... SB 272 Victim Assistance Program Funding; Automated Property Records. .......... SB 114 Victims of Crime; enact Crime Victims' Bill of Rights. ...................... HB 170 Victims of Crime; protection of rights; duties of assistant DAs. .............. HB 178 Witnesses; compellable evidence of husband and wife; conditions. ............. SB 8 Witnesses; criminal trials; selling of information; penalty. ................... SB 191 Witnesses; criminal trials; unlawful selling of information. .................. SB 172 Witnesses; depositions; testimony in nonstenographic form. ................. SB 283 Witnesses; discovery in felony cases; delete social security numbers. ......... SB 272 Witnesses; discovery provisions in felony and misdemeanor cases. ........... HB 627 Witnesses; spousal testimony in certain criminal proceedings. ............... SB 234 Witnesses; testimony of victims; witness fees and mileage. .................. HB 338
Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110

COWETA COUNTY; Superior Court; Coweta Judicial Circuit; fifth judgeship. .......................................................... HB 236

COX, JOHN W., SR.; commend ................................ SR 284

COX, WALTER E.; designate parkway; portion Ga. Hwy 1 and U.S. Hwy 27. ........................................................... HR 448

CRAB FISHERMEN; commercial licensure; fees; crab trap activities. ......... HB 264

CRAMER, ROBERT T.; claims against the State; compensate. ............... HR 277

CRAWFORD COUNTY; Superior Court; Macon Judicial Circuit;

fifth judgeship.

...................................... HB 236

CRIME INFORMATION CENTER (Also See GBI) Criminal History; firearms purchasers; state background check law. ......... HB 513 Criminal History Records Check; nursing home employment applicants. ...... HB 318 Criminal History Records; disclosure on prospective firefighters. ............. HB 116 Criminal History Records; disclosure to businesses; firearms dealers. ......... SB 58 Criminal History Records; public access; dissemination; conditions. .......... HB 314 Firearm Serial Numbers; computer database; Dial Gun Check system. ...... SB 122 Records; disclosure; firearms purchasers; criminal, mental history. ........... SB 106 Records; stolen vehicle reports; law enforcement duties and access. .......... HB 185 Sexual Offender Registration Program; disseminating information. ........... SB 53

CRIME VICTIMS (Also See Victims of Crime or Courts)

CRIME VICTIMS' BILL OF RIGHTS; enact.

HB 170

CRIMES AND OFFENSES Abortions Performed Without Giving Female Certain Information. ........... SB 327 Aggravated Sexual Battery; persons previously convicted; limit bail. .......... SB 81

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INDEX

2401

CRIMES AND OFPENSES (Continued)

Bad Checks; deposit account fraud; complaints; service charges. ............. HB 425

Battery, Sexual; offender conviction data, residency; registration of. ........... SB 53

Boats; offense of homicide, feticide, serious injury; penalties. ................ SB 111

Burglary; children charged with designated felony; arrest records. ........... SB 156

Burglary or Armed Robbery; forfeiture of vehicles, tools, weapons. ........... HB 340

Cellular Radio Telephones; intercepted communications; unlawful use. ....... SB 131

Child Abuse; admissible evidence; certain statements made by child. ......... SB 124

Child Abuse Treatment Centers; fees to fund; criminal, traffic cases. ......... SR 162

Children; parent or guardian prohibited sell or offer for sale. ................ SB 130

Code Revision; Title 16; correct errors and omissions. ....................... HB 199

Computer Networks; unlawful communications; illegal weapons

or terroristic acts. ...................................................... HB 76

Controlled Substance Violations; evidence; investigative subpoenas. .......... HB 338

Controlled Substances; dangerous drugs; change listing; illegal

trafficking of nitrous oxide. ............................................. HB 342

Crime of Interference With Visitation Allowed to Noncustodial Parent.

SB 219

Crimes Occurring Prior Marriage; witnesses; spousal testimony. .............. SB 8

Criminal or Traffic Violations; additional penalty assessments

to fund technology related rehabilitative services. ........................ SB 295

Death Investigations; subpoenas; AIDS confidential information. ............ HB 268

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Habeas Corpus Actions; procedural rules; filing. .............. SB 102

Death Penalty Habeas Corpus Reform Act of 1995; enact. ................... SB 113

Drugs; illegal; annual random drug testing of state officers. ................. SB 240

Drugs; illegal; urge Congress use military resources to combat. .............. HR 259

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

False Identification Documents; intent to defraud or deceive. ................ SB 198

False or Fraudulent Credentials; use by educators; criminal penalty.......... SB 296

False or Misleading Statement to Obtain Workers' Compensation. ........... SB 301

False or Misleading Statement to Obtain Workers' Compensation; fraud. . SB 323

Family Violence; endangerment of a minor; criminal penalties. .............. SB 159

Family Violence; intervention program within correctional system. ........... SB 157

Family Violence; investigations; incident reports; victim review. ............. SB 115

Family Violence; perpetrator's history; parent visitation orders. ............. SB 120

Family Violence; perpetrator's history; visitation by parent. ................. HB 498

Family Violence; redefine offenses; victim review of incident report. .......... SB 397

Family Violence; simple battery; third conviction; felony offense. ............. SB 341

Felony Crimes; arrest powers of sheriffs or police officers. ................... SB 183

Felony Crimes; conviction records; dissemination; conditions; fees. ........... HB 314

Felony Crimes; pleas; issue of mental competency; discovery. ................ HB 627

Felony Crimes; pretrial proceedings; persons mentally incompetent. ......... SB 160

Felony Crimes; repeat offenders; ineligible Probation Boot Camp. ............ SB 285

Felony Crimes; repeat offenders using firearms; life imprisonment. ........... HB 87

Firearms; crimes committed using machine guns, sawed-off rifles,

shotguns or silencers; enhanced penalties. ........................

HB 308

Firearms; discharge by persons under influence drugs or alcohol. ............. SB 58

Firearms; illegal weapons; unlawful training via computer networks. ......... HB 76

Firearms; offense of commission of a crime by a convicted felon. .............. HB 87

Firearms Protection for Minors Act; offense of criminal storage. .............. SB 72

Firearms; retail sale, transfer; purchaser background records check. ......... SB 106

Firearms; sale of handguns; state criminal background check law. ........... HB 513

Firearms Used in Crimes; serial numbers; automated telephone check. ....... SB 122

Firearms, Weapons; students bringing to school; expulsion policies. .......... SB 281

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2402

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Fraud; accepting AFDC benefits with knowledge of ineligibility. ............. SB 112

Fraud; allegations involving Medicaid; evidence; subpoenas. ................. HB 338

Fraud and Abuse in Obtaining Public Assistance Benefits; penalties. ......... SB 446

Fraud; insurance; investigations; prosecutions; fees to fund costs. ............ SB 208

Fraud; insurance; investigations; sharing of information; immunity. ......... HB 616

Fraud; offenses involving driver's license or personal ID cards. .............. HB 254

Fraudulent Issuance of Personal ID Cards; penalties........................ SB 253

Gambling, Offense of Commercial; operating raffle without a license. ......... HB 456

Handgun Sales; potential buyers; criminal history background check. ......... SB 58

Handgun Sales; potential buyers; state criminal background check law. ...... HB 513

Handguns; pistols, revolvers; only one purchase within 30-day period......... SB 109

Handguns; sale or transfer; state-wide regulation; background check. ........ SB 106

Intercepting Private Communication Which Invades Privacy of Another. ...... SB 74

Jury Tampering; selling of information involving criminal actions. ........... SB 191

Litter Control; criminal littering; fines specified by state law. ............... SB 107

Littering Public or Private Property or Waters; increase fines. ............... HB 174

Offense of Abuse of a Dead Body Prior to Interment; penalties. .............. HB 520

Offense of Contributing to Delinquency or Endangerment of a Minor. ........ SB 159

Offense of Contributing to Delinquent Acts of a Minor; penalties. ............ SB 396

Offense of Destroying or Injuring a Police Accelerant Detection Dog. ......... HB 655

Offense of Disorderly Conduct; profanity, fighting words; penalties. ........... HB 76

Offense of Disorderly Conduct; use of obscene or vulgar language. ........... SB 420

Offense of Fleeing, Eluding Police Vehicle to Escape Arrest; penalty. ......... HB 409

Offense of Harassing Phone Calls; penalties. ............................... SB 420

Offense of Harassing Phone Calls; penalties. ................................ HB 76

Offense of Riot in a Penal Institution; felony penalty. ........................ HB 87

Offense of Sentence Circumvention; exchange of money to reduce fine. ....... HB 315

Offense of Theft of Trade Secrets; definitions; penalties. .................... SB 418

Offense of Theft of Trade Secrets; penalties. ...................... HB 340

Offenses Involving Theft of Trade Secrets on Customers or Suppliers. ........ SB 316

Organized Crime Activities; police surveillance; electronic devices. ........... HB 341

Organized Crime; conspiratorial activities; police trace devices. .............. HB 340

Person's Charged With Offenses Against Spouse; witness testimony. ....... SB 234

Physically Violent Offenders Ineligible Probation Boot Camp. ............... SB 285

Property Seized by Law Enforcement; disposition; items sold in lots. ...... HB 480

Rape, Aggravated Sodomy; evidence; medical exam costs; marital

relationship; victim information. ........................................ SB 210

Rape; sex offender conviction data, residency; registration program. ........... SB 53

Sexual Battery; persons previously convicted; limit granting of bail. .......... SB 81

Sexual Offenses Against Children; penalties; Child Protection Act. ........... HB 377

Sexual Offenses Against Children; testimony in criminal proceedings. ........ HB 290

Sexual Offenses Against Children Under Age 16; rape, molestation. ....

SB 140

Sexual Offenses Against Females Under Age 16; rape, child molestation,

enticement for indecent purposes. ........................................ SB 57

Sexual Offenses; certain offenders ineligible Probation Boot Camp............ SB 285

Sexually Violent Offenders; release conditions; registration program. .......... SB 53

Smoking, Using Tobacco Products in Places of Employment Prohibited. ...... SB 236

Sodomy; sex offender conviction data, residency; registration program. ........ SB 53

Stalking, Aggravated; violation of peace bond or protective order. ............ HB 415

Stalking and Aggravated Stalking; bail and appeal bond restrictions. ........ HB 413

Theft; misdemeanor shoplifting; increase maximum property value. .......... SB 386

Theft Offenses; farm animals, products; include ratites; rewards. ............ HB 220

Theft; use of deadly force for protection or in self defense.................... SB 171

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INDEX

2403

CRIMES AND OFFENSES (Continued) Use of Force in Defense of Habitation or Residence; justification. ............ HB 107 Victims' Bill of Rights; enact. ............................. HB 170
Victims of Crime; presence at court proceedings; witness testimony. ......... SB 110 Victims of Crime; protection of rights; duty of assistant DAs. ................ HB 178 Victims of Crime; rehabilitation; technology related assistance. .............. SB 295 Violence in the Media; impact on children; task force to evaluate. ............ SR 196

CRIMINAL JUSTICE COORDINATING COUNCIL Coordinating Entity; crime victim's rights and role in proceedings. ........... HB 170 Functions; local crime victim assistance program activities. ................. SB 114 Membership on State Commission on Family Violence. ..................... SB 115

CRIMINAL PROCEDURE

Arrest Under Warrants; commitment hearing; notice to accused. ............ HB 119

Arrests; family violence investigations; content of incident report. ........... SB 115

Bail and Appeal Bonds; restrictions; offense of aggravated stalking.

HB 413

Bail; release of persons charged family violence; notice to victims.

SB 209

Bonds; peace bond, protective order violations; aggravated stalking.

HB 415

Capital Felonies; death penalty cases; sentencing; deadlocked juries. ......... SB 329

Capital Felonies; death penalty cases; sentencing jury unable

render verdict; trial expenses, reimbursement to counties. ................ SB 313

Cases Involving Serious Violent Felonies; prior convictions;

limit granting of bail; "Two-Strikes Laws".; ............................... SB 81

Criminal Cases; transfer of venue for purpose of pleas; mental

incompetency; rehearings; discovery in felony cases. ...................... HB 627

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Habeas Corpus Actions; procedural rules; filing. .............. SB 102

Death Penalty Habeas Corpus Reform Act of 1995; enact. ................... SB 113

Evidence; depositions; physician testimony; child sexual abuse cases. ........ HB 290

Evidence; rape or aggravated sodomy cases; medical exams; marital

relationship not defense; victim information. ............................. SB 210

Evidence; witnesses; victims right to be present; order of testimony. ......... HB 338

Felony Cases; witnesses; delete disclosure of social security number. ......... SB 272

Felony Crimes; handling issues of mental competency to stand trial. ......... SB 160

Felony Crimes; pleas; issue of mental competency; rehearings. .............. HB 627

Juveniles Charged With Designated Felonies; records, files, hearings. ........ SB 156

Plea of Mental Incompetency to Stand Trial; commitment of defendant.

SB 94

Pretrial Proceedings; jailing of prisoners in another county. ................. HB 347

Property in Custody of Law Enforcement Agencies; disposition; sales.

HB 480

Sentence Circumvention, Offense of; exchange of money to reduce fine. ....... HB 315

Sentencing; crimes of homicide, feticide or serious injury by vessel.

SB 111

Sentencing; inmates convicted of crime while in prison; punishment. ......... SB 406

Sentencing; life imprisonment; convicted felons using a firearm. .............. HB 87

Sentencing of Child Sex Offenders; increase penalties, incarceration. ......... HB 377

Sentencing of Persons to Probation Diversion or Detention Centers........... SB 230

Sentencing; suspension of parole or probation; offenses involving

physical injury or terroristic threats. .................................... HB 509

Trials; transfer of venue; jury selection; county of venue..................... HB 704

Victim of Crimes; local assistance programs; funding; approval.

SB 114

Victims of Certain Crimes; enact Victims' Bill of Rights. .................... HB 170

Victims of Family Violence; entitled review incident reports. ................ SB 397

Witnesses; compellable evidence of husband and wife; conditions. ............. SB 8

Witnesses or Jurors; disclosing information; unlawful compensation.

SB 172

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2404

JOURNAL OF THE SENATE

CRIMINAL PROCEDURE (Continued) Witnesses or Jurors; selling of information about a crime; penalty. ........... SB 191 Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110
CRONIN, HOMER A. OF DEKALB COUNTY; expressing regrets at his passing. ............................................................. SR 329
CUMBERLAND ISLAND AND CITY OF ST. MARYS; historic properties; urge National Park Service adopt restoration plan. ......................... HR 316
CURRAHEE PAGING CO.; lease for TV tower; Black Rock Mountain State Park. .......................................... HR 358

D

DACULA, CITY OF; mayor and council; filling vacancies in office. ............ HB 800

DADE COUNTY; Superior Court; court reporters; salary compensation.

HB 821

DAMS; Safety Inspections; exemption; dams operated by federal agencies. . . . . . SB 385

DANIEL, LIZ, NATIONAL HIGH SCHOOL HEISMAN GOLD MEDAL; recognizing. ............................................................ SR 138

DAVENPORT, MARY ANN (MOLLIE); expressing sympathy at her passing .......................................................... SR 296

DAVIS, ALBERT M., M.D.; commend ...................................... SR 351

DAWSON, CITY OF; municipal court; punishment for contempt............... HB 909

DAWSON COUNTY Board of Commissioners; creation; referendum. ............................ SB 176 Board of Education; election districts; reapportion. ......................... SB 177

DEAF PERSONS (See Hearing Impaired or Handicapped)

DEATH

Dead Bodies; offense of abuse of a dead body prior to interment.

... HB 520

Funeral Establishments; burial vessels; permanent identification. ........... HB 246

Funeral Establishments; caskets; identity of persons interred. ................ SB 43

Investigations; subpoenas; AIDS confidential information. ................... HB 268

Orders to Withhold Cardiopulmonary Resuscitation; effectuating. ............. SB 55

Pronouncement of Death; authority of coroners or deputy coroners. .......... HB 508

DEATH PENALTY IN CAPITAL FELONY CASES (Also See Courts

or Sentence)

Appeal and Habeas Corpus Reforms; eliminate delay in carrying out.

SB 80

Habeas Corpus Cases Challenging Death Penalty Sentence; procedures.

SB 102

Petitions; writs; Death Penalty Habeas Corpus Reform Act of 1995. .......... SB 113

Trial Juries Unable Render Sentencing Verdict; procedures. ................. SB 329

Trial Juries Unable Render Sentencing Verdict; sentencing by

judge or declaration of mistrial. ........................................ SB 313

DEBTOR AND CREDITOR Bankruptcy; debt payments; interest on loans secured by collateral. ......... SB 408 Bankruptcy; insolvent estates; exempt funds held in IRA accounts. .......... HB 221 Credit Transactions; nonrecorded security; credit insurance.................. SB 185

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INDEX

2405

DEBTOR AND CREDITOR (Continued) Judgments; actions seeking reimbursement for certain inmate costs. ......... SB 222 Judgments; rate of interest; calculation method; U.S. Treasury bills. ......... SB 180 Judgments; requests for collection of deferred partial payments. ............. SB 434 Liens on Motor Vehicles; exclusion; certain rental agreements. .............. SB 127 Mortgages Duly Recorded on County Land Records; notice to purchasers. . . . . SB 243 Motor Vehicles; abandoned; lien foreclosures; attorney's fees. ................. SB 87 Motor Vehicles or Trailers; adjusted rental price not create a lien. ........... HB 466 Property Transactions; record of conveyance; perpetual security interest; reversion of title. ............................................. HB 194

DECATUR, CITY OF; Ad Valorem School Tax; homestead exemption for elderly. .................................................... SB 456

DECATUR COUNTY Board of Commissioners; compensation. ................................... HB 372 Board of Education; nonpartisan elections. ................................ HB 373 Designate; Walter E. Cox Parkway; Ga. Hwy 1 and U.S. Hwy 27............. HR 448 Probate Court; judges; nonpartisan elections. .............................. HB 371

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY Ad Valorem Taxes; homestead exemption; collection of local sales tax. ....... HB 935 Board of Commissioners; agenda for meetings; contracts. ................... SB 372 Certain County Officers; change compensation. ........................... HB 1013 DeKalb Memorial Stadium Authority Act; enact. ........................... SB 433 Joint Study Committee on DeKalb County's Form of Government. ........... HR 420 Magistrate Court; chief magistrate; compensation. ......................... HB 969 Special Services Tax District; ad valorem millage rate. ..................... HB 370 Superior Court; judges; salary supplement. ................................ HB 823

DELANEY, TOM; Achievements in Educating Troubled Youth; commend. . . . . . SR 317

DEMOCRATIC WOMEN'S FEDERATION MEMBERS; commended

Page 847

DENTISTRY Dental Hygienists; direct supervision requirement; change provisions. ........ SB 389 Vessels Used in Sterilization; autoclaves; certain exemption. ................ HB 321

DEPARTMENT OF ARCHIVES AND HISTORY Functions; remove duties relative to American Indians. ..................... SB 123 Functions; remove duties relative to Indians; create new commission. ........ SB 266 Indian Affairs; committee to study creating citizen commission. ............. SR 309

DEPARTMENT OF PUBLIC SAFETY NOMENCLATURE ACT OF 1995; enact. ............................................... HB 212

DERMATOLOGISTS; patient access; prohibit insurer requiring a referral. .................................................... HB 281

DEVELOPMENT AUTHORITIES (Also See Authorities) Directors; county, municipal officers or employees eligible; audits. ........... SB 132 Downtown Development Authorities; hotel-motel excise tax levies. ........... HB 419 Industrial Areas Contained on an Island; reclamation of boat slips. .......... HB 389 Industrial Development Bonds; issuance; amend sunset provision. ..... HB 288

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2406

JOURNAL OF THE SENATE

DEVELOPMENT AUTHORITIES (Continued) Industrial Development Bonds; issuance; redefine "business"; sunset. ........ HB 323 Powers; disposal of property no longer used; transfer to the state. ........... HB 363

DEVELOPMENT IMPACT FEES; building permits; exempt school facilities. ............................................................... SB 317

DEVELOPMENTAL DISABILITIES, GOVERNOR'S COUNCIL ON; creation. ............................................................... SB 239

DEVELOPMENTAL HIGHWAY SYSTEM; Include East-West Corridor 1-75 N to SR 316; remove Outer Perimeter. ................................. SB 2

DISABLED OR PERSONS WITH DISABILITIES (Also See Handicapped

or Elderly)

Aged and Disabled Transportation Task Force; recreate. ..................... HR 95

Disabled, Elderly Adults Believed Exploited by a Caretaker; reports. ...

SB 395

Disabled Persons; creation of discretionary trusts; study committee. ......... SR 290

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

Employment; injury funds; impact of Americans with Disabilities Act.

SR 247

References in OCGA; delete terms "handicap or handicapped". .............. HB 601

References in OCGA; delete terms "handicap or handicapped";

remove accessibility barriers. ........................................... HB 653

DISASTER EMERGENCES

Burial Caskets, Vessels; persons interred; permanent identification.

.... HB 246

Cemetery Caskets or Vessels; identity of persons interred. ................... SB 43

Damaged Structures; sale of supplies or repairs; deceptive practices. ......... SB 116

Emergency Management, Southern Regional Compact; enact. ............... SB 387

Flood Crisis Response; commend Georgia Emergency Management Agency. SR 306

Flood Crisis; WMAZ-TV news reports; commend Elizabeth K. Jarvis.

SR 311

Flood Crisis; WMAZ-TV news reports; commend Francis X. Malloy. .......... SR 310

Flood Disaster; displaced burial remains; GBI recovery efforts. .............. SR 250

Flood Disaster Relief Efforts; commend Public Safety Department.

SR 280

Flood Emergency Response; commend Transportation Department. .......... SR 307

Flood of 1994 Recovery Initiatives; recognizing. ............................ SR 116

Flood Victims; commend Carpet for Comfort Project. ........................ SR 54

Good Samaritan Actions; emergency volunteers; limit tort liability.

HB 530

Real Estate Licensees Located in Disaster Areas; renewal period.

HB 344

Retail Businesses; registration program; unlawful to markup prices.

HB 283

State Agencies; emergency purchasing in declared state of emergency. ....... HB 288

Unemployment Benefits Paid Due to Natural Disasters; employer rates. . . . . . HB 260

DISTRICT ATTORNEYS (Also See Judicial Circuits) Appointment of Additional Assistant DA; duties; assist crime victims. ........ HB 178 Employing Assistant District Attorneys; number in each circuit. ............. HB 231 Inspection of Offices by Grand Juries. ..................................... HB 704 Powers; investigations involving fraud or drugs; documentary evidence; administrative subpoenas. .................................... HB 338 Retirement System; administration by Employees' Retirement System. ....... HB 137 Retirement System; authority to invest in certain corporations. .............. HB 662 Retirement System; benefits; basis of calculating; service years. ............. HB 592 Retirement System; members; spouse benefits; election of coverage. ........... SB 67 Retirement System; retirees; private criminal law practice. ................. SB 225 Victim Assistance Activities; funding to defray costs. ....................... SB 114

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INDEX

2407

DIVORCE (Also See Domestic Relations or Alimony) Alimony or Child Support; violated orders; employed persons. ................ SB 7 Child Custody; parent visitation orders; findings of family violence. .......... HB 498 Child Custody; parental visitation; findings of family violence.......... . . . . . SB 120 Child Support; computation; gross income and special circumstances. ........ SB 290 Child Support; failure to pay; contempt proceedings; legal defense. ........... SB 61 Child Support; orders to maintain life insurance to benefit child. ............ SB 423 Decrees Awarding Child Support; determining factors; state registry. ......... HB 72 Total Divorce; disputed cases; alternative dispute resolution method. ........ HB 704
DOCTORS OF THE DAY: Anderson, Dr. Larry .................................................... Page 459 Antalis, Dr. John S. .................................................... Page 127 Brunt, Dr. Gwynne T., Jr. ............................................... Page 97 Ceinza, Dr. Richard .................................................... Page 741 Cousins, Dr. Albert L. .................................................. Page 273 Gamwell, Dr. John ..................................................... Page 897 Holliday, Dr. Peter .................................................... Page 1024 Hutchinson, Dr. J.R.B. ................................................. Page 157 Kennedy, Dr. John ..................................................... Page 636 Lanier, Dr. Bob G. ..................................................... Page 207 McDaniel, Dr. Burton ................................................. Page 1377 Malcom, Dr. Ed ..................... Page 329 Maxey,Dr. Joy ......................................................... Page 44 Palermo, Dr. Robert G. .................................................. Page 49 Parrish, Dr. Ray ........................................................ Page 87 Poag, Dr. Joyce H. ..................................................... Page 110 Price, Dr. Thomas E. ................................................... Page 218 Robinson, Dr. Tammy ................................................. Page 1075 Sanders, Dr. Stuart .................................................... Page 530 Simms, Dr. Wesley .................................................... Page 1430 Smith, Dr. Rodney .................................................... Page 1177 Smith, Dr. Ronnie R. ................................................... Page 236 Stewart, Dr. Jeff L...................................................... Page 483 Stillerman, Dr. James ................................................... Page 59 Thomas, Dr. James, Jr. ................................................ Page 1430 Vernon, Dr. Minor ..................................................... Page 683 Waters, Dr. Donald ..................................................... Page 143 Witt, Dr. Michael ..................................................... Page 1345
DODGE COUNTY Board of Education; nonpartisan elections. ............................... HB 1001 Heart of Georgia Regional Airport Authority; creation. ..................... HB 1002
DODGE COUNTY HIGH SCHOOL BOYS BASKETBALL TEAM; commend ............................................................... SR 336
DOGS, POLICE; criminal offense of destroying or injuring. .................. HB 655
DOMESTIC RELATIONS Adoption Decrees; time period for judicial challenge......................... SB 307 Adoption; parent or guardian prohibited sell child for money. ............... SB 130 Alimony or Child Support; violated orders; punishment; obligations. .......... SB 7 Child Abuse; DFACS investigations; naming alleged abuser; appeals. ........ HB 155 Child Abuse, Georgia Study Committee; creation. .......................... SR 164 Child Custody; actions between parents or award to third parties. ........... SB 348 Child Custody; granting visitation rights to noncustodial parent. ............ SB 246
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2408

JOURNAL OF THE SENATE

DOMESTIC RELATIONS (Continued)

Child Custody; interference with visitation of noncustodial parent. ........... SB 219

Child Custody; parent visitation; findings of family violence. ................ SB 120

Child Custody; parental rights; expedient termination hearings. ............. HB 495

Child Protective Services Information System; registry of abusers. ........... HB 155

Child Support; computation; factors; registry; extensive revisions. ............ HB 72

Child Support; computation; gross income and special circumstances. ........ SB 290

Child Support; failure to pay; contempt proceedings; legal defense. ........... SB 61

Child Support; orders to maintain life insurance to benefit child. ............ SB 423

Child Support Recovery; noncomplying professional business licensees.

SB 227

Divorces; disputed cases; referral alternative dispute resolution. ............. HB 704

Family Violence; actions which endanger a minor; criminal penalties. ........ SB 159

Family Violence Cases; superior court costs; total sum of fee. ................ SB 117

Family Violence; incident reports; contents; disclosure to victim;

entities represented on state commission. ................................ SB 115

Family Violence Intervention Program Within Correctional System;

inmate counseling; condition of parole.

....................... SB 157

Family Violence; parent visitation; conditions when may be awarded. ........ SB 120

Family Violence; parent visitation; safety factors; court fees. ....."........... HB 498

Family Violence; redefine offenses; victim review of incident report. .......... SB 397

Family Violence; simple battery; third conviction; felony offense. ............. SB 341

Family Violence Victims; notice of offender release; resource

information shall be provided by law enforcement, courts.

SB 209

Firearms Protection for Minors; unsafe storage; criminal penalty. ............. SB 72

Grandparent Visitation Rights; disputes; guardian ad litem; mediator. ....... SB 365

Husband and Wife; giving of evidence; crime occurred prior marriage. ........ SB 8

Marriage and Family Therapists; licensure; training requirements. .......... SB 188

Marriage Licenses; issuance at satellite courthouses. ....................... HB 492

Marriage Partners; encouraging prenuptial counseling. ...................... SR 55

Minor Children; malicious property damage; parent liability. ................ SB 255

Parental Rights Shall Not be Infringed; amend Constitution. ................ SR 167

Parenting and Home Economics Education in Schools. ....................... SB 6

Paternity Petitions; guardian ad litem for minor; appointment. .............. HB 339

Person Living With AFDC Custodial Parent; consideration of income.

SB 378

Spousal Testimony; certain criminal offenses against person's spouse. ........ SB 234

Year of the Family in Georgia; designate 1995. ................. ........... SR 29

DONOGHUE, MOST REVEREND JOHN FRANCIS, ARCHBISHOP OF ATLANTA; commend ................................................... SR 305

DOOLY COUNTY; Board of Commissioners; compensation. .................. HB 917

DOUGHERTY COUNTY-ALBANY DAY AT STATE CAPITOL; declaring. SR 229

DOUGLAS COUNTY

Joint Study Committee on Pilot Projects in Douglas Judicial Circuit. ......... SR 274

Lithia Springs Community Improvement Districts; create.

... HB 1057

DRIVER IMPROVEMENT CLINICS, SCHOOLS Driving Training; license exemption for students; eyesight testing. ........... SB 250 DUI Alcohol or Drug Use Risk Reduction; rules; satellite programs. .......... SB 250

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Applicant Examination, Tests, Brochures Written in English Language. ...... SB 265 Commercial; operator disqualifications; out-of-service orders. ................ SB 288 Commercial; operator disqualifications; out-of-service orders. ................. HB 70 Driving Training Students; license exemption; eyesight testing. .............. SB 250

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INDEX

2409

DRIVER'S LICENSE (Continued) DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211 DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66 DUI; violations by persons under age 18; license suspension period. ........... SB 65 Expiration and Renewal; persons under age 21 upon 21st birthdate. .......... SB 34 Fraudulent Issuance of Personal ID Cards; untruthful identification. ......... SB 253 Handicapped ID Cards; false identification; intent to deceive. ............... SB 198 License or Personal ID Cards; name or address change; fraudulent use. ...... HB 254 Minors; issuance requirements; school attendance, academic compliance. ...... SB 98 Points Assessed; possessing open container of alcoholic beverage. ............. SB 60 Stolen License; free replacement copy; free copy of police report. .............. SB 37 Suspension; DUI chemical tests; implied consent notice. .................... HB 610 Suspension; points assessment; filing reports of conviction; fees. ............. HB 255
DRIVING UNDER INFLUENCE, DUI Alcoholic Beverages; possession of open container in vehicles. ................ SB 60 Alcoholic Beverages; vendor training programs; to reduce sales to intoxicated persons; committee to study. .............................. SR 254 Chemical Tests for Alcohol or Drugs; suspected drivers; implied consent warning; breath testing method, samples. ........................ HB 610 Convicted Drivers; issuance of distinctive, marked licenses. ................. SB 211 Driver's License; suspension; DUI offenses by persons under age 18. .......... SB 65 Drivers Under Age 21; zero tolerance of alcohol exceeding 0.02 grams. ....... SB 118 Drivers Under Age 21; zero tolerance of alcohol or drugs; penalties. ........... SB 79 Eliminate Acceptance of a Plea of Nolo Contendere to Charges. .............. SB 121 Evidence of Intoxication; test results of 0.08 blood-alcohol. ................... SB 66 Habitual Violators; impoundment of license plates; new plates bear special markings; eliminate pleas; mandatory term of imprisonment. ... SB 79 Nonresident Offender; increased fines in lieu of community service. .......... SB 443
DRUG TESTING DUI Alcohol or Drugs; administration of chemical or breath tests. ........... HB 610 Elected State Officers; random testing for use of illegal drugs. ............... SB 240 State Employment; preemployment; Workplace Drug Testing Program. ....... SB 22
DRUGS AND DRUG ABUSE Controlled Substances; dangerous drugs; change listing; illegal distribution of nitrous oxide. ........................................... HB 342 Dangerous Drug Products; reverse drug distributors; registration. ........... HB 611 Drug Related Crimes; use of certain weapons; enhanced penalties. ........ HB 308 Drug Related Criminal Offenses; parole conditions for inmates. .............. SB 154 Drug Related Criminal Offenses; parole conditions for inmates. .............. HB 229 DUI Alcohol or Drugs; chemical tests; implied consent notice. ............... HB 610 DUI Alcohol; zero-tolerance for drivers under age 21. ....................... SB 118 DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211 DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66 DUI; nonresident offender; increased fines in lieu community service. ........ SB 443 Elected State Officers; annual drug testing on random basis. ................ SB 240 Firearms; unlawful discharge by persons under influence of drugs. ........... SB 58 Illegal Drugs; urge Congress use military resources to combat. .............. HR 259 Optometrists; permissible pharmaceutical agents; oral analgesics. ........... SB 271 Pharmaceutical Drug Manufacturers, Sellers; proportional pricing. .......... SB 300 Pharmacists; prescribed drugs; generic drug substitution; conditions. ........ SB 309 State Employment; Workplace Drug Testing Program requirements. .......... SB 22
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2410

JOURNAL OF THE SENATE

DRY CLEANING SOLVENTS; waste contaminated sites; corrective actions. . .. SB 56

DULUTH, CITY OF; corporate limits; clarify. ............................... HB 952

DUNWOODY HIGH SCHOOL BOYS BASKETBALL TEAM; commend

SR 337

E

EAST COWETA HIGH SCHOOL CHOIR; commend

SR 177

EAST DUBLIN, CITY OF; corporate limits; annex additional area. ........... SB 464

EAST POINT, CITY OF; Library; inclusion Fulton County library system. . . SB 99

EATONTON, CITY OF; designate State Highway 44 as Lake Oconee Parkway. HR 79

ECONOMIC DEVELOPMENT

Agricultural Cooperative Marketing Associations; powers; contracts. ......... HB 125

Aquaculture Development Commission; membership; subcommittees.

SB 200

Branch-Banking; establishment at any location within state. ................ SB 312

Branch-Banking; expansion; community banks within groups of counties.

SB 165

Community Business Development Task Force; creation. .................... SR 253

Competitive Contracting System for Public Goods and Services. ............. SB 407

Counties, Municipalities; contracts for regional facilities. .................... SB 126

Development Authorities; directors; eligible appointees; audits. .............. SB 132

Development Authorities; property disposal; transfer to the state. ...

HB 363

Downtown Development Authorities; hotel-motel excise tax levies. ........... HB 419

Georgia High Tech Alliance; commend .................................... SR 323

Georgia Institute for Community Business Development; creation. ........... SB 404

Industrial Development Bonds; issuance; amend sunset provision. ........... HB 288

Industrial Development Bonds, Loans; redefine business; sunset. ............ HB 323

Information Technology Policy Act of 1995; enact. .......................... SB 293

Jobs Tax Credit; adjust business expansion support incentives.

HB 336

Joint Study Commission on Economic Development and Revitalization

in South Fulton County. ............................................... SR 101

Local Government Authorities Registration Act; enact....................... HB 250

Local Government Issues; Georgia Future Communities Commission. ........ HR 324

Minority Business Participation in State Contracts. ......................... SB 73

Property Development Rights Restricted by Watersheds; study of. ........... SR 191

Regional Development Centers; territorial boundaries; ratify changes. ........ HR 323

Telecommunications and Competition Development Act of 1995; enact. ....... SB 137

EDDIE EAGLE GUN SAFETY EDUCATION PROGRAM OF NRA; encourage in schools. ..................................................... SR 88

EDGE, SENATOR; nominated for Senate President Pro Tempore ............. Page 11

EDUCATION (Also See Colleges and Universities or Schools or Teachers) AFDC Child Recipients; LEARNFARE pilot program; school attendance. ... SB 298 AFDC Grants; children receiving; school attendance requirements. .......... SB 119 AFDC Public Assistance; eligibility; school attendance requirements. .......... SB 13 Agricultural Education; sciences, economic skills; program review. ........... SR 163 American Heritage Affirmations or Documents; encourage in schools. ........ SB 324

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INDEX

2411

EDUCATION (Continued)

American Heritage in Education; affirmations or documents; use

of historic landmarks as facilities. ....................................... SB 71

Appropriations; requiring not less than 50% of all state funds. ............... SR 46

At-risk Children; coordinating services; improved school performance. ........ SB 256

At-risk Students; additional grant program; percentage to be used. .......... SB 214

At-risk Youth; after-school academic programs for school dropouts. ........... SB 64

At-risk Youth; after-school programs; attendance; chronic problems. .......... SB 31

Athens Tech Satellite Campus; urge name Charles W. Yeargin Building. . SR 270

Boards of Education; elected members; term limitations; ..................... SR 3

Boards of Education; limit authority to incur debt. .......................... SR 28

Boards of Education; members; nonpartisan election without primary.

SB 184

Boards of Education; members; nonpartisan elections without primary. ...... SB 193

Carroll Technical Institute; property exchange; Carroll County

Board of Education. ................................................... HR 231

Charter Schools; contracts for a special school; criteria; procedure. ........... SB 235

Charter Schools; performance based contracts; requirements; renewal. ........ SB 54

Code Revision; Title 20; correct errors and omissions. ....................... HB 199

Colleges, Universities; preemployment testing for illegal drug use. ............ SB 22

Compulsory School Attendance; earlier enrollment at age six. ............... SB 190

Correctional Facilities; incarcerated youth; special school district. ............ HB 436

Correctional Facilities; programs for youth and adult offenders.

SB 228

County Boards; facility building permits, inspections; exempt fees. ........... SB 317

County Governing Officials; eligibility; educational requirements. ............ SB 181

Designate; Rosa M. Tarbutton Memorial Library in Sandersville. ...

HR 161

Educators Technology Training Commission; creation. ...................... SR 122

Facilities Which Are Historic Landmarks; QBE funding policies.............. HB 365

Facility Requirements; registered historic landmarks; QBE funding. .......... SB 71

Georgia School for the Deaf and Atlanta Area School; consolidation. .......... SB 63

Georgia School for the Deaf; old campus; annexation by Cave Spring. ........ HR 159

Georgia School for the Deaf; old campus; convey to Cave Spring. ............ HR 155

Hearing Impaired Services; consolidate single state school for deaf. ........... SB 63

High School Student Academic Credit for Community Service; urging. ....... SR 204

High School Students; community service requirements. .................... SB 196

High Schools; prescribed courses; home economics including parenting. ....... SB 6

Home Study Programs; student eligibility; payment of AP exam fees.

HB 365

In-school Suspension Classes; supervisors; qualifications. Prefiled ............. SB 10

Inmates; parole conditions; obtain GED diploma or vocational skills. ......... HB 229

Institute of Continuing Judicial Education; seminars for judges. ............. SB 292

Jack Vaughan Building; urge name; Chattahoochee Technical Institute. ...... SR 111

Juvenile Felony or Delinquent Acts; notice to school officials. ................. SB 30

Learning Resources System and Psychoeducational Network; reorganize. ...... SB 62

Local Boards; duties; personnel reports; furnish to state auditor. ............ HB 578

Local Financing of Education; alternative options; study committee. ......... SR 202

Local School Boards; elections; term limitations. ........................... SB 340

Local School Boards; historic landmarks as public school facility. ............. SB 71

Local School Boards; members; entities conducting training workshops. .... HB 154

Local School Boards; workers' compensation group self-insurance fund. ...... SB 286

Local School Districts; sharing special purpose county sales tax. ............. SR 180

Local School Districts; state regulatory mandates; budgetary impact. ........ SB 134

Local School Systems; capital outlay projects; sharing special

purpose county sales tax proceeds. ....................................... SR 20

Local School Systems; grants on basis of achievement. ...................... HB 145

Local School Systems; sharing special purpose county sales tax. ............. SR 125

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2412

JOURNAL OF THE SENATE

EDUCATION (Continued)

Local Schools With 50% Student Academic Deficiencies; management

by state until corrected. ................................................. SR 25

Lottery for Education; fidelity fund to cover retailer losses. .................. SB 400

Lottery for Education; purposes; financing teacher computer training. ......... SB 46

Lottery for Education; purposes; grants for disabled persons. ................ SB 158

Lottery Proceeds; Construction Reserve Trust Fund for new projects. .... HB 129

Lottery Proceeds; disposition; grants to local school systems. ................ SB 445

Lottery Proceeds; scholarships; public assistance recipients. ................. SB 432

Mathematics and Science Residence School Study Committee; create. ........ SR 333

Media Literacy Curricula; critical viewing skills of children. ................. SR 196

Minors; driver's license requirements; school attendance, academics. .......... SB 98

Nonpublic Postsecondary Education Commission; change organization. ....... SB 305

Nonpublic Postsecondary Education Commission; powers; tuition

equalization grant funds. .............................................. SB 100

North Georgia College; ROTC tuition assistance; increase grants.

HB 287

Parental Right to Direct Education of Their Children. ...................... SR 167

PeachNet; computer stations; legislative data from GeorgiaNet. ............. SB 337

Postsecondary Academic Credit; enrollment of high school students. .......... SB 47

Postsecondary; grants; children of veterans or national guard member.

SB 247

Postsecondary; medical school scholarships; repayment in service. ........... SB 262

Postsecondary; proprietary institutions; tuition equalization grants.

HB 228

Postsecondary; student financial aid program; loans; servicing................ SB 363

Postsecondary; tuition equalization grants; approved schools. ................ SB 362

Professional Practices Commission; duties in disciplinary actions............. SB 281

Professional Practices Commission; hearings involving educators. ............ SB 294

Professional Practices Commission; members; expense reimbursement. ....... SB 291

Professional Standards Commission; duties; fraudulent certificates. .......... SB 296

Professional Standards Commission; executive secretary; compensation. ...... HB 406

Professional Standards Commission; exemption; certificated testing. ......... SB 429

Public; prohibit discrimination or preferential treatment. .................... SB 82

Public School Employees Retirement System; investment authority. ......... HB 662

Public School Personnel; decreases in local salary supplements. ............. SB 218

Public Schools; computer access; legislative data through PeachNet.

SB 337

Public Schools; encouraging use of the NRA Gun Safety Program. ........... HR 293

Public Schools; home economics instruction to include parenting. ............. SB 68

Public Schools; required evaluation; exemption under accreditation.

SB 9

Public Schools; required evaluation; exemption under accreditation.

HB 145

QBE; advanced placement test fees; students in private schools.

SB 282

QBE; financing student advanced placement (AP) exam fees and

facilities registered as historic landmarks. ............................... HB 365

QBE; funding; program weights; instruction, beginning salaries;

lottery funds for new capital construction projects; reserve trust fund. . . . . . HB 129

QBE; local fair share funds; alternative method to calculate. ................ SB 174

QBE; local fair share; retention of funds; increased student count. ........... SB 173

QBE; midterm adjustment amount relative training and experience. ......... SB 175

Regents Retirement Plan; board of trustees; mutual fund investments. ....... HB 172

RESA, Regional Educational Service Agencies; reorganization. ............... SB 62

RESAs and Ga. Learning Resources System; service areas; contracts.

HB 145

Sales Tax; exemption; sales by public elementary, secondary schools. ......... SB 42

School Administrators; contracts; tenue policy; training workshops

for school board members. ............................................. HB 154

School Attendance; children receiving public assistance; LEARNFARE........ SB 298

School Attendance Officers; authority and duties; funding. ................... SB 31

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INDEX

2413

EDUCATION (Continued)

School Attendance; teenage welfare recipients; LEARNFARE. Prefiled ........ SB 13

School Dropouts; academic requirements for a driver's license. ............... SB 98

School Dropouts; employment skills training; Youthbuild Program. .......... SB 315

School Facilities Construction; joint committee to study. .................... HR 417

School Facilities; local building permit, inspection fees; exemption............ SB 317

School Health Education, Services; create commission to evaluate. ........... SR 127

School Holidays; urge designation of Veterans Day. ........................ SR 232

School Officials; access to juvenile law enforcement, arrest records. .......... SB 156

School Superintendents; annual performance evaluations. ................... SB 281

School Systems; grants from lottery proceeds. .............................. SB 445

School Systems; multiyear contracting powers; property restriction. .......... SB 428

Schools, Libraries; computer access to General Assembly activities. ........... HB 53

Sex Education Courses; parental consent; duty of local school boards. ........ SB 392

State Board; election by General Assembly; board appoint State

School Superintendent. ................................................. SR 24

State Board; eliminate authority to provide food-processing programs. ........ SB 90

State Museum and State Library Study Commission; re-create. ............. HR 122

State School Superintendent; authority to employ, dismiss employees. ....... SB 26

State School Superintendent; designee; Information Technology Council. .... SB 293

State School Superintendent; functions; personnel management. .............. SB 20'

State School Superintendent; limitation of terms of office. .................... SR 2

State School Superintendent; limitation of terms of office. .................. SR 30

State School Superintendent; limitation of terms of office. .................... SR 39

State School Superintendent; limitation of terms of office. ................... SR 161

State Schools for Deaf and Blind; employees; merit system status. ........... HB 406

Student Academic Deficiencies; local school plans of remediation. ............. SR 25

Student Assessment Tests to Measure Performance; change provisions. ....... SB 11

Student Disciplinary Actions; civil damages; rights of educators. ............. HB 134

Student Disciplinary Orders; effect upon another enrolling school. ........... HB 145

Student Discipline; chronic problems; parent conferences. .................... SB 31

Student Incentive Grant Funds; children receiving VA benefits. ............. SB 247

Student Loans, Grants; estimated costs; survey; statistical summary. ........ SB 381

Student-teacher Ratios; urge plans to reduce in grades K-12. ................. SR 70

Student Warranty Program; basic skills; free retraining; surveys. ............ HB 128

Students; at-risk youth; after-school academic program grants. ............... SB 64

Students; at-risk youth; after-school academic programs; grant funds. ......... SB 31

Students Bringing Weapons, Firearms to School; expulsion policies........... SB 281

Students; compulsory school attendance; duty of attendance officers. .......... SB 31

Students; compulsory school attendance; earlier enrollment age. ............. SB 190

Students Enrolled Private Schools; advanced placement exam fees. ........... SB 83

Students Enrolled Private Schools; advanced placement test fees. .......... SB 282

Students; enrollment in postsecondary course; eligible institution. ............ SB 47

Students; grades 9 through 12; community service requirements. .......... SB 196

Students; health issues and needs; commission to evaluate. ................. SR 127

Students; private schools or home study; payment of AP exam fees.

.... HB 365

Superintendents; QBE funding of beginning salaries; program weights. ...... HB 129

Task Force on Violence in the Media; evaluate impact on children. .......... SR 196

Teachers; certificated personnel; exemption; certain written testing. ......... SB 429

Teachers; disciplinary actions; Professional Practices Commission. ........... SB 294

Teachers; instructional periods; class sizes; maximum students. .......... SB 212

Teachers, Other Professional Personnel; employment; vacancies;

performance evaluation policies; disciplinary actions. ..................... SB 281

Teachers, Other School Personnel; fraudulent credentials; penalties. ......... SB 296

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2414

JOURNAL OF THE SENATE

EDUCATION (Continued) Teachers Receiving National Certification; increase state salary. ............. HB 678 Teachers Retirement System; board of trustees; investment authority. ....... HB 662 Technical and Adult; Athens Area Tech satellite campus; urge name building for Charles W. Yeargin. .................................. HR 497 Technical and Adult; Chattahoochee Technical Institute, Marietta; urge designate Jack Vaughan Building. ................................. SR 111 Technical and Adult; computer access to legislative data; PeachNet. ......... SB 337 Technical and Adult; urge designation of Charles W. Yeargin Building. .... SR 270 Technical and Adult; 1994 GOAL Award Recipient, Joe Colon, Jr. ........... SR 104 Technical Institutions and University System; endorse efforts to coordinate curricula between systems. ................................. SR 76 Textbook Selection; actions, gifts influencing selection prohibited. ............. SB 19 Textbook Selection; requests by superintendents; approval method. ........... HB 15 Textbook Selection; requests made by local superintendents, teachers. ..... SB 52 Textbook Selection; state board recommendation; approval procedure. ......... SB 12 University System; computer access; legislative data via PeachNet. .......... SB 337 University System Employees; retirement membership options............... HB 171 University System Units; duties; personnel salary, expense reports. .......... HB 578
EDWARDS, ARVTD J.; commend heroism.................................... SR 79
EFFINGHAM COUNTY State Court; judge; change salary. ........................................ HB 535 Superior Court; Ogeechee Judicial Circuit; third judgeship. ................. HB 236
ELBERT COUNTY Athens Tech Satellite Campus; urge name Charles W. Yeargin Building. . . . . . SR 270 Athens Tech Satellite Campus; urge name Charles W. Yeargin Building. . . HR 497 Superior Court; Northern Judicial Circuit; third judgeship. ................. HB 236
ELDERLY AARP Day at the Capitol, American Association of Retired Persons. ......... SR 219 Abused or Financially Exploited; study of Adult Protective Services. ......... SR 121 Aged and Disabled Transportation Task Force; recreate. ..................... HR 95 Appointment of Guardians, Financial Power of Attorney; procedures. ........ SB 105 Emergency Guardians; appointment when ward needs medical services. .... SB 143 Financial Power of Attorney; naming person to handle affairs. ............... SB 145 Guardians for Incapacitated Adults; criteria; remove advanced age. .......... SB 146 Guardians for Incapacitated Persons; persons functioning as counsel. ........ SB 147 Guardianships and Power of Attorney; committee to study statutes. .......... SR 77 Long-term Care; ombudsman for residents; authority and training. .......... HB 557 Medicaid Patients; discrimination in nursing homes admissions. .............. SR 68 Nursing Home Administrators; provisional licenses. ........................ HB 280 Nursing Homes; persons seeking employment; criminal record check. ........ HB 318 Persons to Report Exploitation by a Caretaker; employees of financial institutions. .................................................. SB 395 Telephone Solicitation; high pressure selling; urge regulation of. ............. SR 298
ELDRIDGE, FRANK; elected Secretary of the Senate ....................... Page 11
ELECTED OFFICIALS (See Public Officers or Elections)
ELECTIONS (Also See Ethics in Government and Voting) Absentee Electors; redefine; caregivers to the physically disabled. ............ HB 153 Amend Constitution; allow island property within constitutional industrial area to be removed. .......................................... SR 228
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INDEX

2415

ELECTIONS (Continued) Amend Constitution; Appropriations Act Previously Enacted; prohibit amendments increasing expenditures. .................................... SR 26 Amend Constitution; appropriations; authorize Governor to reduce; overriding such reduction. ............................................. SR 175
Amend Constitution; child abuse treatment centers; additional criminal, traffic fees to fund. ........................................... SR 162
Amend Constitution; congressional, state officers; term limitations. .......... SR 161 Amend Constitution; create State Commission on Judicial Compensation. ..... SR 97 Amend Constitution; create Technology Related Assistance Trust
Fund for Disabled Persons. ............................................. SR 166 Amend Constitution; enterprise zones; separate property tax treatment. ....... SR 63 Amend Constitution; enterprize zones; employer tax credits. ................. SR 64 Amend Constitution; General Assembly and other elected officers;
term limitations. ....................................................... SR 30 Amend Constitution; General Assembly elect State Board of Education;
board appoint State School Superintendent. .............................. SR 24 Amend Constitution; General Assembly; four-term limitation. ................ SR 35 Amend Constitution; General Assembly; term limitations; six terms. .......... SR 36 Amend Constitution; General Assembly; unexpired terms; vacancies
prior final six months; appointment by Governor. ........................ SR 287 Amend Constitution; hazardous waste; funding corrective activities. ......... SR 128 Amend Constitution; Initiative Petition and Referendum Process. ............. SR 60 Amend Constitution; local government debt limitations. ..................... SR 28 Amend Constitution; local officials; term limitations. Prefiled. ................ SR 3 Amend Constitution; prohibit amend previously enacted general
appropriations Act increasing expenditures. ............................. SR 251 Amend Constitution; protection of parental right to direct upbringing
and education. ........................................................ SR 167 Amend Constitution; public initiative petition process. ....................... SR 4 Amend Constitution; public initiative petition process. ....................... SR 23 Amend Constitution; public initiative petition process. ....................... SR 66 Amend Constitution; public initiative petition process. ...................... SR 115 Amend Constitution; public initiative petition process. ...................... SR 236 Amend Constitution; public officers; term limitations. Prefiled. ............... SR 2 Amend Constitution; public officers; term limitations; four-terms. ............. SR 39 Amend Constitution; schools with student academic deficiencies
below minimum standards; state to manage. .............................. SR 25 Amend Constitution; special purpose county sales tax; education purposes. .. . SR 125 Amend Constitution; special purpose county sales tax; local
school districts sharing of proceeds. ..................................... SR 180 Amend Constitution; special purpose county sales tax; proceeds
sharing; education projects. ............................................. SR 20 Amend Constitution; state budget; requiring 50% for education. .............. SR 46 Amend Constitution; state debt; limitations upon financing terms. ........... SR 168 Amend Constitution; state expenditure limitations; local mandates. .......... SR 176 Amend Constitution; state-wide election of State Board of Pardons
and Paroles. ........................................................... SR 34 Amend Constitution; taxes, fees, assessments imposed by General
Assembly; required vote. ................................................ SR 61 Amend Constitution; taxes, fees, assessments imposed by General
Assembly; required vote. ................................................ SR 78 Amend Provisions; primaries; nonpartisan; qualifying; ballots;
poll watchers; returns; contested; elector lists; certifying. ................. SB 193
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2416

JOURNAL OF THE SENATE

ELECTIONS (Continued) Boards of Education; members; nonpartisan election without primary. ....... SB 184 Boards of Education; members; nonpartisan elections without primary. ...... SB 193 Bond Elections; advertisement; applicable any county, municipality. ......... HB 417 Campaign Contributions; consulting services; restrict use of funds. ........... SB 18 Campaign Contributions; disclosure; report accuracy; loans to campaign committees; return excess contributions. ....................... HB 868 Constitutional Officers Election Board; eliminate. .......................... SB 193 County Governing Officials; eligibility; educational requirements. ............ SB 181 County, Municipal Elected Officers; term limitations. ....................... SB 340 General Primary and Candidate Qualifying in 1996; change dates............ SB 192 House of Representatives; change composition of 9 House districts. .......... HB 440 Local Referendum on Levying a Homestead Option Sales Tax; procedure. .... HB 108 Local Referendums; relative selling distilled spirits by the drink. ............ HB 680 Municipal; absentee electors; caregivers to the physically disabled............ HB 153 Municipal; candidate qualifying; fees; opening, closing dates, hours........... HB 351 Municipal; special primaries, referendums; registration deadline. ............ HB 423 OCGA Title 21; correct errors and omissions. .................. HB 197 Political Activities by State Employees; permitted and prohibited. ........... SB 133 Poll Officers; chief manager; increase per diem; certain counties. ............ HB 636 Polling Places; display of U.S. Flag on election day. ......................... SB 33 Polling Places; voting booths; married persons occupying together. ........... SB 189 Senate District 32; special election called ................................... Page 3 Senatorial District 33; change composition. ................................ SB 449 Senators; certification by Secretary of State ................................ Page 3 Special Primaries and Elections; change qualifying dates, deadlines. ......... SB 148 Special Primaries or Referendum Elections; registration deadline. ........... HB 423 State and County Offices; notice of write-in-candidacy; drug testing. ......... SB 148 Statewide Referendum; nonprofit museums; ad valorem tax exemption. ...... HB 252 Voter Registrars; change minimum compensation. .......................... SB 194 Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ....... SB 252 Voter Registration Laws Enacted Complying 1993 federal Act; repeal. ....... SB 355 Voter Registration; 1993 federal Act; financial burden to state. .............. SR 130 Voting in Primaries; nominating political party candidates; ballots. .......... SB 135 Withdrawal of Nominated Candidates; filling of vacancies; procedures. ....... HB 111
ELECTROLOGISTS; clinics and schools; regulation; licensure; registration. ............................................................. SB 85
ELEVATORS, ESCALATORS Chairlifts Located Buildings Operated by Nonprofit Organizations. .......... SB 377 Improper Installation, Maintenance, Operation; violations; penalties. ........ HB 269
ELLIJAY APPLE MARKETING ASSOCIATION AND APPLE GROWERS; commend. .............................................................. SR 134
ELLISON, DR. JAMES; commend ......................... SR 352
ELM STREET ELEMENTARY SCHOOL COLOR GUARD OF NEWNAN ........................................................... PAGE 236
EMERGENCY DISASTER MANAGEMENT (See Disaster Emergencies)
EMERGENCY MEDICAL SERVICES Ambulances; emergency 911 calls; committee to study misuse, abuses. ........ SR 57 Orders to Withhold Cardiopulmonary Resuscitation; change provisions. ....... SB 55 State-wide System of Trauma Care, Triage, Transportation; provide. .......... SB 70
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2417

EMINENT DOMAIN; Petroleum Pipeline Company; procedures, restrictions to grant powers. .............................................. SB 24

EMPLOYEE HEALTH BENEFIT PLAN, STATE; Participation of Georgia Housing and Finance Authority employees. ................................ HB 382

EMPLOYEES' RETIREMENT SYSTEM Administration of Superior Court Judges and District Attorneys Funds. ... HB 137 Benefits; service allowance; members with 33 years service. ................. SB 149 Board of Trustees; authority to invest in certain corporations. ............... HB 662 Creditable Service; out-of state civilian government service. ................. SB 439 Disability Retirement; claims; time period to submit evidence. ............... HB 139
Membership; employees of mental health community service boards. .......... SB 4 Membership; transfer of county juvenile detention employees
to Department of Children and Youth Services. .......................... SB 435

EMPLOYMENT

Education; student warranty program; basic skills; free retraining. .......... HB 128

Employee Job Performance; disclosure to prospective employers. ............. HB 297

Employer Tax and Wage Reports on Domestic Employees; annual filing. ..... SB 29

Employers; hiring, rehiring; report to state child support registry. ............ HB 72

Health Insurance; new employees; conversion policy; portabality. ............ HB 616

Medical Savings Accounts; employer/employee arrangements; urging. .... SR 288

National Guard Members Called Active Service; reemployment rights. ....... SB 354

Nursing Homes; persons seeking employment; criminal record check. ........ HB 318

Person Gainfully Employed; violated child support or alimony orders. ......... SB 7

Private Industry; reemployment rights; absence due military service. ........ SB 299

Probationary Period; termination of permanent status employees. ....... SB 333

Sexual Harassment in Work Environments; prohibitions; posting signs. ..... SB 268

Smoking, Using Tobacco Products in Places of Employment Prohibited. ...... SB 236

Temporary Help Contracting Firms; employees; unemployment benefits.

HB 240

Temporary Help Contracting Firms or Employee Leasing Companies;

employers under workers' compensation. ................................ SB 331

Unemployment Benefits; determine eligibility; reemployment services. ....... HB 260

Wage Earners; public assistance recipients; prohibit deny benefits. .......... SB 379

Workers' Compensation Assigned Risk Insurance Plan; rate standards. ...... SB 326

Workers' Compensation; benefits; false statement to obtain; penalty. ......... SB 301

Workers' Compensation; benefits, false statements to obtain; fraud. .......... HB 596

Workers' Compensation; benefits; fraud investigations; penalties. ............ SB 323

Workers' Compensation; coverage of certain Olympic Games volunteers. ....... SB 17

Workers' Compensation; medical services providers; billing errors. ........... SB 441

Workers' Compensation; Subsequent Injury Trust Fund Study Committee. . .. SR 247

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Unemployment Compensation; eligibility; temporary employees who voluntarily leave employment. ..................................... HB 240
Unemployment Compensation; employer contributions; rate computation; payment credits; reemployment service requirements. .................... HB 260
Unemployment Trust Fund; additional withdrawals; use of funds. ........... HB 164

ENGINEERS AND LAND SURVEYORS Engineering Contracts With Department of Transportation; statistics. ....... HB 328 Engineering Professionals; recognize contributions; Engineers' Day. .......... SR 182 Land Surveyors; damage actions against; period of limitation. ............... SB 303 Professional Certification; continuing education requirements. ............... HB 471

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2418

JOURNAL OF THE SENATE

ENGLISH LANGUAGE Designate as Official Language Used for Public Records, Meetings. ........... SB 49 Drivers License Applicant Exams or Brochures in the English Language. . . . . . SB 265 Juries; prospective jurors; additional grounds for challenge. ................. HB 704

ENTERPRISE ZONES Creation for Separate Tax Treatment Purposes. ............................. SR 63 Creation in Unemployment Areas; employer tax exemptions. ................. SR 64

ENTERTAINERS, PROFESSIONAL Alcoholic Beverages; sales at private clubs; brewery tours, tasting. ........... HB 354 Llama Activity Sponsor or Professional; limit civil liability. ................. SB 187 Ticket Brokers and Scalpers; licensing; reselling admission tickets. .......... HB 516

ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous Materials) Agency Decisions; clarify references to administrative law judges. ........... SB 202 Dry Cleaning Solvent Wastes; contaminated sites; corrective actions. ......... SB 56 Environmental Assessment; sales of commercial, industrial facilities. ......... SB 96 Hazardous Waste; corrective actions; funding; state may incur debt. ......... SR 128 Litter Control, Illegal Dumping; Municipal Environmental Courts. ........... SB 108 Pollution, Waste Reduction; noncompliance factors; confidentiality. .......... SB 244 Product Packaging; require biodegradable or recyclable containers. .......... SB 335 Solid Waste Disposal Sites; restrict locating within certain areas. ............. SB 32 Solid Waste Reduction Efforts; requirements; landfills, recycling. ............ HB 148 Solid Waste Reduction Study Committee; creation. ......................... SR 265 Spillage Controls; motor fuel deliveries directly into vehicle tank. ............. HB 39 Vehicle Emission Inspections; centralized testing prohibited. ................ SB 251 Water Pollutants; construction activities; soil erosion controls. ............... SB 375 Water Quality and Water Supply Alternative Financing Study Committee. ... SR 191

EPHESUS, CITY OF; mayor and council; election; posts; compensation. ....... HB 764

EQUINES; Llama activity sponsors; limit liability for injuries. ................ SB 187

EROSION AND SEDIMENTATION ACT

Georgia Erosion and Sedimentation Control Review Panel; commend

SR 318

Water Pollutants; construction activities; best management practices. ........ SB 375

Water Pollutants; land-disturbing activities; run-off; fisheries. ............... HB 350

ESTATES (Also See Wills and Property)

Bankruptcy Proceedings; exemption; certain funds in IRA accounts. ......... HB 221

Disabled Persons; creation of discretionary trusts; study committee.

SR 290

Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ... SB 347

ETHICS IN GOVERNMENT (Also See Elections or Public Officers)

Campaign Contributions; disclosure requirements. ......................... HB 868

Campaign Contributions; disposition; payment for consulting services.

SB 18

Disclosure of Anything of Value Influencing Textbook Selection. .............. SB 19

EUHARLEE FARMERS CLUB; recognizing ................................ SR 96

EVACUATION PLANNING; Southern Regional Emergency Management Compact. ............................................................... SB 387

EVANS COUNTY Board of Commissioners; election districts; reapportion. ..................... HB 947
Board of Education; election districts; U.S. District Court orders. ............ HB 948

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2419

EVICTION LAW STUDY COMMITTEE; creation.

SR 53

EVIDENCE Admissibility; medical reports; cases involving injury or disease. ............. SB 421 Admissible; videotapes depicting motor vehicle traffic violations. ............. SB 444 Child Abuse; admissible testimony; certain statements made by child. ....... HB 155 Child Abuse; admissible testimony; statements of child to another. .......... SB 124 Code Revision; Title 24; correct errors and omissions. ....................... HB 199 Crimes Occurring Prior Marriage; witnesses; spousal testimony. .............. SB 8 Criminal Cases; investigative subpoenas; presence of victim at court; witness fees; order of testimony. ............................... HB 338 DUI; administration of chemical tests; implied consent notice. ............... HB 610 Witnesses; felony cases; delete disclosure of social security number. .......... SB 272 Witnesses; felony cases; discovery provisions; witness information. ........... HB 627 Witnesses; privileged communications; admissible spousal testimony. ........ SB 234 Witnesses; privileged communications; mental health care providers. ........ SB 223 Witnesses; victims of crime; order of testimony; presence at court. ........... SB 110

EXAMINING BOARDS, STATE (Also See Professions and Businesses)

Board of Chiropractic Examiners; qualifications; terms; meetings. ........... SB 367

Construction Industry Licensing Board, Roofing Contractor Division.

SB 342

Electrologists; clinics, schools; regulation; licensure; registration. ............. SB 85

Georgia Board of Athletic Trainers and Massage Therapists; create. ......... SB 452

Georgia Real Estate Appraisers Board; powers; investigations. .............. SB 465

Licensed Practical Nurses; requirements; out-of-state training. .............. HB 395

Licensed Professions; discipline action; revocation grounds; appeals.

HB 326

Licensing Boards; interagency agreements; child support recovery. ........... SB 227

Marriage and Family Therapists; licensure; training requirements. .......... SB 188

Plumbing Systems; definitions; master plumbing; utility contractors. ......... HB 471

Professional Counselors, Social Workers, Marriage and Family Therapists; access to medical records of licensees. ........................ HB 273

Professional Engineers and Land Surveyors; continuing education. .......... HB 471

Professional Rehabilitation Counselors; licensing; certification. .............. SB 368

Real Estate Appraisers Board; appraiser classification; sanctions. ............ HB 344

State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; creation. ............................. HB 335

State Boxing Commission; contracts; promotion of amateur boxing. ........... SB 35

Structural Pest Control Commission; business license examinations. ......... SB 351

EYEGLASSES, LENSES, VISUAL CARE (Also See Medical Practice) Contact Lenses; sales or dispensing; written prescriptions. .................. SB 125 Driver's License; unlicensed drivers; eyesight testing. ....................... SB 250 Optometrists; permissible pharmaceutical agents; oral analgesics. ........... SB 271

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2420

JOURNAL OF THE SENATE

FACSIMILE DEVICES; invasion of privacy; intercepted private messages. . SB 74

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Cemetery Owners; failure to maintain property or burial merchandise. ....... SB 359 Insurance; policies; specified premiums and charges. ........................ HB 42 Insurers Using Genetic Information to Deny Coverage Prohibited. ........... SB 233 Insurers Using Genetic Information to Deny Coverage Prohibited. .... HB 616 Landlord or Property Owner Leasing Mobile Retail Pushcarts or Kiosks. ... HB 824 Odometers; tampering; consumer transactions; federal regulations. .......... SB 284 Pawnbrokers; credit terms, interest rates; advertising restrictions. ........... SB 269 Retail Installment Contract or Revolving Account; delinquency charge. ....... HB 219 Retail Motor Fuel Outlets; signs indicating no rest room facilities. ........... SB 360
Telephone Classified Advertising Directories; deceptive solicitation. .......... SB 361 Ticket Brokers; licensing businesses to resell admission tickets. ............. HB 516 Used Car Dealers; sales or leases; disclose to purchaser other liens........... SB 153 Workers' Compensation Group Self-Insurance Funds; extensive revision. ... SB 286

FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources and Public Assistance) Adult Protective Services; committee to study elder abuse. .................. SR 121 Child Protective Services Information Registry; identifying abusers. ......... HB 155 State Employees; payroll deductions; certain professional dues. .............. HB 473

FAMILY VIOLENCE (Also See Domestic Relations or Crimes)

Civil Cases; superior court costs; total sum of fees. ......................... SB 117

Civil Cases; superior court fees for services; inclusive amount. ....

HB 498

Endangerment of a Minor by Committing Acts in Front of; penalties. ........ SB 159

Intervention and Counseling Program Within Correctional System. .......... SB 157

Investigations; report contents; complaints; services to victims. .............. SB 115

Investigations; reports; victim review; redefine acts of violence. .............. SB 397

Offense of Simple Battery; third conviction; punishment; felony. ............. SB 341

Safety Factors in Awarding Child Custody or Parent Visitation. ............. HB 498

Safety of Victims in Awarding Child Custody or Parental Visitation. ......... SB 120

Stalking, Aggravated; violation of peace bond or protective order. ............ HB 415

Stalking and Aggravated Stalking; bail and appeal bond restrictions. ........ HB 413

State Commission; membership; change entities represented. ............... SB 115

Victims; notice of offender release; provide with referral resources. ........... SB 209

FANNIN COUNTY; Designate; Robert L. Brown Bridge over Hemptown Creek. .................................................................. SR 67

FARMS AND FARMERS (Also See Agriculture) Agribusiness Industries; continuing education programs; study of. ........... SR 163 Aquaculture Development Commission; membership; subcommittees. ...... SB 200 Cooperative Marketing Associations; corporation laws; clarify powers. ........ HB 125 Farmers and Consumers Market Bulletin; soliciting contributions for. ........ SB 374
Ratites; ostriches, emus, rheas; inclusion as farm animals and food products under Georgia laws. ...................................... HB 220
Vidalia Onion Production Area; rules, regulations for marketing. ............ HB 208

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2421

FARRIS, MARIE; commend. ............................................... SR 81

FAYETTE COUNTY; Town of Woolsey; recreate; reincorporate; new charter. ............................................................ HB 867

FEDERAL GOVERNMENT (Also See Congress, U.S.)

Calling for a Conference of States; process to receive proposals

to restore State-Federal Partnership..................................... HR 280

Civil Service Retirement Benefits; withholding of state income tax. .......... HB 462

Congress; NAFTA requirements; origin labeling; peanut products. ........... HR 173

Congress; proposed balanced budget amendment H.J. Res. 1; ratifying........ SR 272

Congress; urge resist efforts to assign U.S. military forces

to the U.N. Security Council as a standing army. ........................ SR 255

Corps of Engineers; urge approve West Lake Golf Club, Powder Springs. .. . .. SR 157

Dams Operated by Federal Agencies; safety inspection exemption. ........... SB 385

Estate Taxes; urge increase amount of gross estate exemption. .............. HR 290

Federal Highway Administration; urge uniform scale tolerances. ............ SR 242

Federal Mandates Beyond Scope of Powers; sovereignty of state. ............ SR 308

Federal Mandates; funding; meeting with Congressional Delegation.

... SR 71

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Military Bombing Range; restrict solid waste landfills. ............... SB 32

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Federal Retired Employees; recovery of income taxes paid to state. ........... HB 3

Federal Retiree Refund Act of 1995; enact; Reich v. Collins case. ............. HB 90

Justice Department; preclearance of certain annexation ordinances........... HB 543

Medical Savings Accounts; urge Congress enact legislation. ................. SR 288

National Voter Registration Act; repeal provisions enacted by state. ......... SB 252

National Voter Registration Act; repeal provisions enacted by state. .......... SB 355

National Voter Registration Act, 1993; urge provide funds or repeal. ......... SR 130

School Lunches, Breakfasts, Reduced-priced Meals; urge support for. ........ SR 179

State Chartered Banks; proposed FDIC exam fees; urge Congress reject. . . . .. SR 244

Transportation Enhancements; urge Congress reauthorize TEA program.

SR 281

Urge U.S. Secretary of Defense Not Change Designation of Fort

Stewart 24th Infantry Division in Military Downsizing. ................... SR 266

U.S. Flag; display in rooms used for election polling places. .................. SB 33

U.S. Senate; urge adopt balanced budget amendment to Constitution. ........ SR 136

FEDERAL RETIREE REFUND ACT OF 1995; enact.

HB 90

FERROS, SGT. MIKE; State Patrol Aviator; flood rescue missions; commend. .............................................................. SR 186

FIDUCIARY; guardians; beneficiaries U.S. Department Veterans Affairs. ... SB 347

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINANCIAL POWER OF ATTORNEY Statutory Form; method to create agency to handle affairs. ................. SB 105 Statutory Form; naming person to handle affairs; creating an agency. ........ SB 145

FINES AND FORFEITURES

Additional Assessments for Technology Related Assistance Trust Fund. ...... SB 295

Additional Penalties for Child Abuse Treatment Programs. ................. SR 162

Criminal Cases; additional fines for victim assistance programs.

SB 114

Criminal Littering; increase fines by state law. ............................ SB 107

Fines; disposition; law enforcement officer training; disbursements. ..... SB 155

FIRE ANT STUDY COMMITTEE; creating.

SR 293

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2422

JOURNAL OF THE SENATE

FIRE PROTECTION AND SAFETY
Boiler and Pressure Vessel Safety Act; exempt sterilization vessels. .......... HB 321 Emergency 911 Ambulances; committee to study irresponsible calls. .......... SR 57 Firefighters, Fire Departments; standards, training; certification. ............ SB 199 Firefighters; operating vehicle wearing headsets or headphones. .............. SB 48 Firefighters; qualifications; criminal history; physical fitness. ................ HB 116 Firefighters' Recognition Day; observance of. ............................... SR 185 Firemen's Pension Fund; benefits; increase monthly pension. ................. SB 91 Firemen's Pension Fund; board of trustees; change reference. ............... HB 138 Firemen's Pension Fund; dual membership; Peace Officers Benefit Fund. . . . . . SB 163 Firemen's Pension Fund; fire departments; rating standards. ................ HB 593 Firemen's Pension Fund; members; increase eligible firefighters. ...........:. SB 186 Property Insurers; fair access to insurance requirements; FAIR plan. ........ SB 289 Safety Fire Commissioner; rules; Americans with Disabilities
Act Accessibility Guidelines............................................. HB 601 Safety Fire Commissioner; rules; Americans with Disabilities
Act Accessibility Guidelines............................................. HB 653 Smoking in Place of Employment; restrictions; signage. ..................... SB 236 Volunteer Fire Departments; formation of nonprofit corporations. ............ SB 416

FIREARMS AND WEAPONS

Computer Networks; unlawful training regarding illegal weapons. ............ HB 76

Convicted Felons; commission of a crime using a firearm; penalties............ HB 87

Dangerous Weapons; machine guns, sawed-off rifles, shotguns

or silencers; enhanced criminal penalties for the use of. ................... HB 308

Eddie Eagle Gun Safety Program of NRA; encouraging its use. .............. HR 293

Firearm Serial Numbers; computer database; automated Dial Gun Check. . . . . SB 122

Firearms Dealers; handgun purchasers; state background check law. ........ HB 513

Firearms Dealers; handgun sales; state background check law. ............... SB 58

Firearms Protection for Minors Act; storage of loaded firearm

within access; criminal penalties; state-wide referendum. .................. SB 72

Firearms; sales or transfers; electronic background records check. ........... SB 106

Handguns; pistols, revolvers; only one purchase within 30-day period......... SB 109

Hunting; licenses; archery and firearms combination; sportsman. ............ HB 277

Hunting of Wildlife; legal weapons; shotguns; approved shot size. ............ HB 274

Pawnbrokers; failure to secure firearms; resultant criminal acts. ............ SB 269

Peace Officers; retirees of local agencies; carrying of pistols. ................. SB 454

Pistols, Revolvers; potential buyers; state background check law. ............ HB 513

Pistols, Revolvers; sales or purchases; state background check law. ........... SB 58

Rifles; permission to hunt in state parks; approved weapons. ................ HB 200

Students Bringing Firearms, Weapons to School; expulsion policies.

SB 281

Unlawful Discharge by Persons Under Influence Drugs or Alcohol. ............ SB 58

Use of Deadly Force in Self Defense; require every head of household

maintain a rifle, shotgun or pistol. ...................................... SB 171

FIREMEN'S PENSION FUND Benefits; increase monthly pension. ........................................ SB 91 Board of Trustees; change certain designation. ............................. HB 138 Dual Membership in Peace Officers' Annuity and Benefit Fund. ............. SB 163 Fire Departments; eligibility; insurance rating standards. ................... HB 593 Members; increase eligible firefighters. .................................... SB 186

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2423

FIRST BAPTIST CHURCH OF CARTERSVILLE; commend

SR 38

FISHER, BRIAN DOUGLAS, EAGLE SCOUT; commend

SR 221

FISHING (Also See Game and Fish) Commercial Boat Fishing; restrict issuance of new licenses ................. SB 104 Crabbing; commercial crab fishermen activities; licensure. .................. HB 264 Game Fish; named waters, streams; bait; hours; seasons; possession. ........ SB 201

FIVE STAR DODGE, INC.; claims against the State; compensate. ........... HR 319

FLAGS, SEALS, AND OTHER SYMBOLS (Also See State Symbols) POW Flag; urge display by cities and counties. ............................. SR 37 POW-MIA Flag Honoring Prisoners of War, Missing in Action; display. ....... SB 25 State Flag; change design and description. ................................. SB 44 U.S. Flag; display in rooms used for election polling places. .................. SB 33

FLETCHER, CARRIE Claims against the State; compensate. .................................... HR 102 Claims against the State; compensate. .................................... HR 172

FLOOD OF 1994 RECOVERY DAY; designating.

SR 116

FLOVILLA, CITY OF; Water and Sewer Authority; bond maturities. ......... HB 302

FLOYD COUNTY

Property Annexation; old campus Ga. School for the Deaf; Cave Spring.

HR 159

Property Conveyance; Georgia School for Deaf old campus; Cave Spring. . . . . . HR 155

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies) Dangerous Drugs; regulate distributors, researchers, pharmacists. ........... HB 611 Food Product Regulations; include ratites; ostriches, emus, rheas. ........... HB 220 Food Service Establishments; permits; food safety training. ................. SB 274 Food Service Establishments; persons handling food; requirements. ........... SB 75 Pharmaceutical Drugs; pricing; restrict government purchases. .............. SB 300 Pharmacists; prescribed drugs; generic substitution; conditions. ............. SB 309 Sales Tax; exemption; food items; Senate amendment withdrawn. ........... HB 684

FOOD SERVICE ESTABLISHMENTS Permits; management training, certification in food protection. .............. SB 274 Persons Handling Food; health certificates; wear gloves, hair nets. ............ SB 75 Restaurants; draft beer manufactured on premises; brewpub licensing. ....... HB 374 Restaurants Using Copyrighted Music; contracts for royalty payments. ....... SB 426

FOREST PARK, CITY OF; redevelopment powers. ......................... HB 913

FORESTRY

Arbor Day Celebration, 103rd Anniversary; recognizing. .................... SR 216

Areas Zoned for Forest Activities; inform prospective purchasers. ............ HB 194

Fire Tower Site; Fort Yargo State Park; lease to City of Winder. ............ HR 358

Forest Products Trucking Rules; motor common carriers. ................... HB 609

Fort Yargo State Park Fire Tower Site; lease to City of Winder. ............. HR 234

Off-Road Timber Harvesting Equipment; intent of sales tax exemption. ...... SR 362

Standing Timber; ad valorem assessment; calculating rate; prices. ........... HB 755

Timber Harvesting; off-road equipment; intent of sales tax exemption. ....... SR 277

Timber Harvesting; off-road equipment; sales tax exemption. ................ HB 567

Trailers Used in Commercial Logging; permanent license plates. ............ HB 571

Trucks Hauling Wood Products, Lumber; exceeding length of 60 feet.

HB 511

Vehicles Hauling Forest Products; change maximum weight allowed. ........ HB 490

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2424

JOURNAL OF THE SENATE

FORFEITURE OF PROPERTY; Disposition by Law Enforcement Agencies; advertising; sales in lots. ....................................... HB 480

FORGERY AND RELATED OFFENSES (Also See Crimes and Offenses)

Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121

Elderly, Disabled Adults Believed Exploited by a Caretaker; reports. ......... SB 395

False ID Documents; possession with intent to defraud or deceive. ........... SB 198

False, Misleading Statement to Obtain Workers' Compensation Benefits. . . . . . HB 596

False or Misleading Statement to Obtain Workers' Compensation. ........... SB 301

False or Misleading Statement to Obtain Workers' Compensation; fraud. . . . . . SB 323

Fraud In Obtaining Public Assistance or Food Stamps; penalties. ............ SB 446

Fraud; offenses involving driver's license or personal ID cards. .............. HB 254

Fraudulent Issuance of Personal ID Cards; untruthful identification. ......... SB 253

Insurance Fraud; funding investigation and prosecution expenses.

SB 208

Insurance Fraud; investigations; prosecutions; information sharing. .......... HB 616

Professional Educators; use of fraudulent certificates or documents. .......... SB 296

FORSYTH, CITY OF; mayor and council; elections. ......................... HB 897

FORSYTH COUNTY
Ad Valorem Tax; homestead exemption based age, income; referendum. ... SB 473 Board of Commissioners; expense allowance. .............................. HB 1041

FORT STEWART, 24TH INFANTRY DIVISION; urge U.S. Secretary of Defense not change designation due to military downsizing ............... SR 266

FORT VALLEY STATE COLLEGE
Honoring 100th Anniversary............................... SR 156 Honoring 100th Anniversary. ............................................. HR 185

FORT YARGO STATE PARK Fire Tower Site; convey lease to City of Winder; conditions. ................. HR 234 Property Conveyance; lease to City of Winder for fire station. . v ............ HR 358

FOSTER CARE; Families Adopting Hard-to-Place Child; financial assistance. .................................................. HB 253

FOUR-H (4-H) DAY AT THE STATE CAPITOL; commend. ................... SR 153

FRANKLIN COUNTY; superior court; Northern Circuit; third judgeship. . HB 236

FREAKNIK COLLEGE STUDENT EVENT; create advisory commission to study. .................................................................. SR 322
FULTON COUNTY Ad Valorem Taxes; homestead exemption; certain disabled or elderly. ........ HB 780 Counties of 500,000 or More; contracts; procurement methods. .............. SB 241 Fulton County Library System; board of trustees; change membership. ....... HB 799 Library System; board of trustees; membership. ............................ SB 344 Library System; inclusion of City of East Point. ............................. SB 99 Magistrates; part-time magistrate; appointment; compensation. ............. HB 284 Milton County Merged with Fulton County; designate parkway and bridge to recognize former existence. .................................... HR 195
Motor Vehicle Racetracks; siting within residential neighborhoods. .......... SB 336 Office of County Manager; creation. ....................................... SB 376 Personnel Administration; disciplinary actions. ............................ HB 102
Property Conveyance; exchange of property; MARTA and World Congress Center International Plaza project. ...................................... HR 49
South Fulton; commission to study economic outlook, revitalization. ......... SR 101

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2425

FUNERALS AND FUNERAL ESTABLISHMENTS Burial Caskets, Vaults; permanent tags identifying deceased. ............... HB 246 Deceased Persons; identity permanently affixed prior interment. .............. SB 43 Funeral Directors, Embalmers; license renewal; continuing education. ....... HB 100 Offense of Abuse of a Dead Body Prior to Interment; penalty. ............... HB 520

G

GADEN, BOBBY; Vietnam veteran; remarks .............................. Page 197

GAME AND FISH (Also See Natural Resources)

Aquaculture Development Commission; membership; subcommittees. ........ SB 200

Code Revision; Title 27; correct errors and omissions. ....................... HB 199

Designate; Raymond R. Lester Wildlife Management Area; Polk County.

SR 227

Domestic Species; redefine; setting of traps; protection of ratites. ............ HB 220

Fishermen; commercial crabbing activities; separate licensure. .............. HB 264

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Game Fish; artificial-lure streams; live bait waters; legal

hours; trout waters with and without seasons; possession limits. ........... SB 201

Hunting; licenses and stamps; archery, firearms, big game, small

game, sportsman; telephone agents; fees; deer carcasses. .................. HB 277

Hunting; small game; legal weapons; shotguns; approved shot size. .......... HB 274

Trout Waters; buffer zone requirements; home construction activities. ........ SB 375

Trout Waters, Streams; buffer requirements; land-disturbing activity. ........ HB 350

Trout Waters With and Without Seasons; clarify water and streams.......... SB 201

Wildlife Conservation Fund; sale of special license plates. ................. . SB 205

Wildlife; hunting in state parks; permission; approved weapons. ............. HB 200

Wildlife Management; federal Migratory Bird Harvest Program. ............. HB 277

Wildlife; wild alligators; unlawful to feed or bait; penalty.................... HB 401

GAMING, GAMBLING Gambling, Gaming, Wagering or Betting Prohibited on Indian lands. ........ SB 123 Horse Racing; construction of facility at Agricultural Exposition Center, Houston County; committee to study. ................ ........... HR 242 Raffles Offering Chance to Win Prizes; operation by nonprofit organizations; approval by sheriff; licensure. ............................. HB 456

GANG VIOLENCE; crimes committed using certain weapons; penalties. ... HB 308

GARBAGE (See Waste Management or Landfills)

GARDEN CITY; recorder's court; ordinance violations; punishment............ HB 619

GARNISHMENT ACTIONS; Municipal Probation Systems; delinquent fines. . SB 276

GAHRETT, REVEREND LAWRENCE G.; recognizing.

SR 74

GAS, GASOLINE, PETROLEUM PRODUCTS

Motor Fuel; retail outlets; signs indicating no rest room facilities. ........... SB 360

Motor Fuel Transport Tank Trucks or Tandems; direct fuel deliveries.

HB 39

Petroleum Pipeline Companies; eminent domain procedure, restrictions.

SB 24

GAUSS, PRIVATE LUCY MATDLDA; designate bridge to honor; Coffee County. .......................................................... HR 233

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2426

JOURNAL OF THE SENATE

GENERAL ASSEMBLY Adjournment; February 22 to February 27. ................................ SR 256 Adjournment; February 22 to February 27. ................................ HR 403 Adjournment; January 13 to January 23. ................................... HR 18 Adjournment; March 1 to March 6. ....................................... SR 289 Adjournment; March 15 to March 17, 1995. ................................ HR 601 Appropriations Reduced by Governor; overriding such reduction. ............ SR 175 Budgetary Responsibility Oversight Committee; duty; federal mandates. . . . . . SB 405 Budgetary Responsibility Oversight Committee/BROC; members; function. . HB 233 Code Revision; Title 28; correct errors and omissions. ....................... HB 199 Congressional Delegation; invite to explain unfunded federal mandates. ... SR 71 Election of State Board of Education; amend Constitution. ................... SR 24 General Appropriations Act; prohibit amendments increasing expenditures; amend Constitution. .................................................... SR 26 General Appropriations Act; supplemental acts increasing expenditures prohibited............................................................. SR 251 General Bills Authorizing State Taxes, Fees or Assessments; approval by 2/3 of members.............................................. SR 61 General Bills Imposing State Taxes, Fees or Assessments; approval by 2/3 of members. ..................................................... SR 78 House of Representatives; change composition of 9 House districts. .......... HB 440 Joint Session; address by Chief Justice Willis B. Hunt, Jr. ................... HR 17 Joint Session; address by Honorable Newt Gingrich, Speaker of U.S. House of Representatives. ......................................... HR 238 Joint Session; Inauguration .............................................. Page 25 Joint Session; Inauguration; January 9, 1995. .............................. SR 9 Joint Session; invite Supreme Court Justices and Appellate Judges. .......... HR 16 Joint Session; message from Governor; January 12. ......................... HR 15 Jointly Sponsored Bills and Resolutions; authorize introduction. ............. SB 128 Legislation Affecting Residential Housing Costs; impact note. ................ SB 97 Legislation Having Fiscal Impact on Local Governments; requirements. ...... SB 134 Legislation Imposing Expenditures Upon Local Government; procedures. .. . . . SB 216 Legislation Mandating Expenditure Upon Local Governments; procedures. . . . . SB 38 Legislative Information; public distribution through GaNetfPeachNet. ......... HB 53 Legislative Information; public distribution through GeorgiaNet. ............ SB 337 Legislative Services Committee; additional members; minority leaders. ........ SB 28 Legislative Services Committee; membership; add minority leaders............ HB 60 Members and Employees; motor vehicle expense reimbursement rate. ........ HB 474 Members and Lt. Governor; term limitations; amend Constitution. ............ SR 2 Members and Lt. Governor; term limitations; amend Constitution. ............ SR 30 Members; annual drug testing on random basis; procedures. ................ SB 240 Members; limitation of four terms in office; amend Constitution. .............. SR 39 Members; limitation of term of office to four terms. .......................... SR 35 Members; limitation of terms; extend State Senators terms. ................. SR 161 Members; per diem allowance; reimbursable expenses; differential. ........... HB 62 Members; term limitations; six 2-year terms; amend Constitution. ............ SR 36 Members; unexpired terms; filling of vacancies. ............................ SR 287 Notify Governor; General Assembly convened. .............................. SR 8 Recreation Authorities Overview Committee for State Parks; creation. ....... HB 120 Retirement Bills; amendments having fiscal impact; requirements. ........... HB 136 Senate Convened; notify House of Representatives, January 9, 1995. .......... SR 6 Senate District 33; change composition. ................................... SB 449
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INDEX

2427

GENETIC SCIENCES Genetic Testing; limit use of information; prohibit deny insurance. ........... HB 616 Testing; information derived; nontherapeutic use prohibited. ................ SB 233

GEORGIA AGRICULTURAL EXPOSITION CENTER; horse racing facility; study of. ............................................................... HR 242

GEORGIA BOARD OF ATHLETIC TRAINERS AND MASSAGE THERAPISTS; create. ................................. SB 452

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Criminal Investigations; documentary evidence; subpoena powers. ........... HB 338 Division of Forensic Sciences; permits; DUI testing instruments. ............ HB 610 Firearms Background Check Law; purchaser criminal history and involuntary hospitalization records. ...................................... SB 58
Firearms Background Check Law; records of potential handgun buyers. ...... HB 513 Firearms; purchaser background criminal, mental health records;
electronic transmission to dealers. ...................................... SB 106 Firefighters; fingerprinting, search of criminal history records. .............. HB 116 Flood Disaster of 1994; displaced burial remains; recovery efforts. ........... SR 250 Georgia Bureau of Investigation Nomenclature Act of 1995; enact. ........... HB 212 Handguns; issuance of certificate for purchasing handguns. ................. SB 109 Sex Offender Conviction Data; program to register resident address. .......... SB 53

GEORGIA CHILD ABUSE STUDY COMMITTEE; creation.

SR 164

GEORGIA CODE (See Code of Georgia)

GEORGIA CONSIGNMENT OF ART ACT; enact.

HB 477

GEORGIA FEDERATION OF DEMOCRATIC WOMEN'S DAY AT CAPITOL; declaring. .............................................................. SR 239

GEORGIA FIRE ACADEMY; reassign certain duties to Georgia Firefighter Standards and Training Council. ............................... SB 199

GEORGIA FUTURE COMMUNITIES COMMISSION; creation.

HR 324

GEORGIA HIGH TECH ALLIANCE; commend

SR 323

GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION; statement of purpose. ............................................................. SB 363

GEORGIA INDIAN AFFAIRS COMMISSION; create.

SB 266

GEORGIA INFORMATION TECHNOLOGY POLICY ACT OF 1995; enact. SB 293

GEORGIA INSTITUTE FOR COMMUNITY BUSINESS DEVELOPMENT; establishment. .......................................................... SB 404

GEORGIA INSTITUTE OF TECHNOLOGY; President Dr. Gerald W. Clough; recognize. ....................................................... SR 189

GEORGIA LEGISLATIVE BLACK CAUCUS COMMUNITY OUTREACH; commend ............................................................... SR 363

GEORGIA MEDICAL GROUP MANAGEMENT ASSOCIATION; commend. SR 217

GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM; retirement contributions. ......................................... HB 640

GEORGIA PEACH FESTIVAL, CELEBRATING DAY AT CAPITOL; commend. .............................................................. SR 183

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2428

JOURNAL OF THE SENATE

GEORGIA POLICY COUNCIL FOR CHILDREN AND FAMILIES ACT; enact. .................................................................. SB 256

GEORGIA POWER COMPANY; grant utility line easements; certain counties. ............................................................... SR 118

GEORGIA RECREATION AND PARKS ASSOCIATION; commend

SR 208

GEORGIA STATE MUSEUM AND STATE LD3RARY STUDY COMMISSION; re-create. ............................................... HR 122

GEORGIA STUDENT FINANCE AUTHORITY Education Grants; surviving children of veterans or National Guard. ........ SB 247 Higher Education Loan Program; contracts; servicing, administration. ....... SB 363 Tuition Equalization Grants at Professional or Business Schools. ............ SB 362 Tuition Equalization Grants; redefine approved schools. .................... SB 362

GEORGIA TOBACCO MARKETING ACT OF 1995; enact.

HB 163

GEORGIA TRUST FOR HISTORIC PRESERVATION, INC.; rental agreement; Rhodes Memorial Hall. ........................................ HR 81

GEORGIA WINNERS FOR PUBLIC SERVICE; commend

SR 262

GEORGIA YOUTHBUILD PROGRAM; employment skills training; apprenticeships.......................................................... SB 315

GEORGIANET AUTHORITY Public Access to Legislative Information Via Computer Format. .............. HB 53 Public Distribution of Legislative Information in Electronic Format. ......... SB 337

GERMANE

Senate amendment to HB 524 ruled not germane by Speaker

Page 1905

Substitute to HB 38, ruling requested of President ........................ Page 999

GDBSON, J. BARTOW; naming Highway 285 to honor; Seminole County. . HR 291

GILBERT, ERIN; National 4-H Scholarship; commend ...................... SR 152

GILLELAND, PAUL OF SNELLVDLLE; commend

SR 331

GILMER COUNTY

Ad Valorem; school taxes; homestead exemption; certain age, income. ........ HB 556

Board of Commissioners; composition; three-member board; referendum.

SB 349

GINGRICH, NEWT; Speaker of the U.S. House; address joint session ................................................................ Page 606

GINGRICH, NEWT L.; Speaker of U.S. House of Representatives; address to General Assembly. ............................................ HR 238

GLASCOCK COUNTY; Superior Court; judges; salary supplement. ........... SB 462

GLENN MEMORIAL UNITED METHODIST CHURCH 75TH ANNIVERSARY; recognize. .............................................. SR 22

GLENNVILLE ELEMENTARY SCHOOL; commend.

SR 235

GLOBAL RESEARCH SYSTEMS, INC.; school bus call product; commend

SR 87

GOLF COURSE FACHJTDZS ON STATE-OWNED LANDS; approve certain leases. ................................................................. SR 257

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INDEX

2429

GORDON, CITY OF; municipal court; powers; state misdemeanor cases. ...... HB 427

GORDON COUNTY Board of Commissioners; compensation. ................................... HB 775 Probate Court; judge; nonpartisan election. ................................ HB 753

GOVERNOR General Assembly Convened January 9, 1995; notify. ........................ SR 8 General Assembly; joint session; Inauguration escorts. ....................... SR 9 General Assembly; joint session; message; January 12. ...................... HR 15 Governor's Council on Developmental Disabilities; creation. ................. SB 239 Inauguration; joint session ............................................... Page 25 Limitation of Terms of Office; amend Constitution. ......................... SR 161
Office of Consumer Affairs; new Consumers' Utility Counsel Division. ........ HB 332 Powers; reduce any appropriations; provide for overriding reduction. ......... SR 175 Powers; rewards; apprehension of persons committing theft of ratites......... HB 220 State Officers; annual testing for illegal drugs on random basis. ............. SB 240 Zell Miller; Inauguration ................................................. Page 25 Zell Miller; State of the State and Budget address ......................... Page 62 Zell Miller; veto 1994 session; line item general appropriations .............. Page 21 Zell Miller; vetoes 1994 session ........................................... Page 19

GRAND JURD3S (Also See Juries or Courts); selection; lists; oaths; district attorney office inspections. ............................. HB 704

GRANDPARENT VISITATION RIGHTS; disputes; guardian ad litem; mediation............................................................... SB 365

GRANTS Appropriations to Local School Systems; use of lottery proceeds. ............. SB 445 Charter Schools; student expenditure grants; special schools. ................ SB 235 Education Programs; grants for charter schools; criteria; funding.............. SB 54 Education Targeting At-risk Students; additional grant program. ............ SB 214 Higher Education; children of armed forces or national guard members. ...... SB 247 Higher Education; student financial aid loan programs; administration of; grants to surviving children of certain veterans. ....................... SB 363 Local Government Efficiency Grants; redefine terms; use of funds. ........... HB 553 Local School Systems; achievement grants; RESAs; fiscal agents. ............ HB 145 Local School Systems; after-school program for at-risk students. .............. SB 64 Local School Systems; joint after-school program for at-risk student. .......... SB 31 Medical School Scholarships, Loans; repayment in services rendered. ........ SB 262 Nonpublic Postsecondary Education; tuition equalization grants. ............ HB 228 North Georgia College ROTC Tuition Assistance; increase grants. ........... HB 287 Public Assistance; estimated costs; survey and statistical summary........... SB 381 Tuition Equalization; criteria; nonpublic postsecondary education. ........... SB 100 Tuition Equalization; professional or business school or colleges. ............. SB 362

GRAVES, DANIEL, ROYAL RANGERS BOY'S MINISTRY; commend

SR 218

GREENE COUNTY Board of Commissioners; compensation; reimbursements. ................... SB 437 Board of Commissioners; election districts. ................................ HB 272 Board of Education; election districts.; .................................... HB 275

GREENSBORO, CITY OF; designate State Highway 44 as Lake Oconee Parkway.......................................................... HR 79

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2430

JOURNAL OF THE SENATE

GKEINER, WENDY MARIE; Miss Cobb County; commend .................. SR 110
GRESHAM, JOHNNY; elected to State Transportation Board ................ Page 78
GRIFFEV-SPALDING COUNTY CHARTER AND UNIFICATION COMMISSION; creation. ................................................ SB 419
GROOVER, DENMARK, JR.; designate new prison hospital in Bibb County for. ......................................................... HR 21
GROUND WATER (See Waters or Natural Resources or Erosion)
GUARDIAN AND WARD Elder Abuse and Financial Exploitation; joint committee to study. ........... SR 121 Guardians; appointment of emergency guardians; circumstances. ............ SB 143 Guardians for Incapacitated Adults; criteria; remove advanced age. .... SB 146 Guardians of Beneficiaries; veterans disability compensation. ............... SB 347 Guardians of Minors and Adults; appointment; settlement of claims. ......... SB 105 Guardianship Statutes; appointment procedures; committee to study. ......... SR 77 Incompetent or Incapacitated Persons; counsel, guardian appointees.......... SB 147 Paternity Petitions; guardians ad litem for minor; payment of. .............. HB 339
GUNS Eddie Eagle Gun Safety Program of NRA; encouraging its use. .............. HR 293 Firearm Serial Numbers; computer database; citizen 'Dial Gun Check'. .................................... SB 122 Handguns; pistols, revolvers; only one purchase within 30-day period......... SB 109 Handguns; potential buyers; state criminal background check law. ........... HB 513 Hunting of Wildlife; legal weapons; shotguns; approved shot size. ............ HB 274 Illegal Weapons; unlawful information communicated by computers. .......... HB 76 Machine Guns, Sawed-off Rifles, Shotguns or Silencers Used in Commission of Certain Crimes; enhanced penalties. ...................... HB 308 Pawnbrokers; failure to secure firearms; resultant criminal acts. ............ SB 269 Pistols, Revolvers; sales or purchases; state background check law; unlawful discharge by persons under influence of alcohol or drugs. . . SB 58 Protection for Minors; unsafe storage of loaded guns; penalties................ SB 72 Require Every Head of Household Maintain a Firearm in Working Order. ... SB 171 Retail Sale or Transfer; purchaser background records check. ............... SB 106
GWINNETT COUNTY Property Conveyance; DHR property; 25-year lease to Gwinnett/Rockdale/ Newton Creative Enterprises, Inc. ...................................... SR 226 Superior Court; Gwinnett Judicial Circuit; pilot projects; joint committee to study. ................................................... HR 384

H
HABEAS CORPUS PROCEEDINGS Death Penalty Appeal and Review; procedural rules; time for filing. ......... SB 102 Death Penalty Appeal and Review Procedures; eliminate delays. ............. SB 80 Death Penalty Habeas Corpus Reform Act of 1995; enact. ................... SB 113
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INDEX

2431

HABERSHAM COUNTY Coroner; change salary. .................................................. HB 645 Property Conveyance; grant easement to Standard Telephone Company. . .. .. SR 118 Water and Sewerage Authority; membership; quorum. ...................... SB 467
HABERSHAM ELECTRIC MEMBERSHIP CORPORATION; easement; White County. ................................................................ SR 118
HABITUAL OFFENDERS Driver's License; records; points accumulation; filing reports; fees. ........... HB 255 DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211 DUI; habitual violators; impoundment of license plates; marked tags. ......... SB 79
HACKNEY, JOHN MARVIN PETE; designate parking facility in recognition of. .......................................................... HR 368
HAGAN, CITY OF; new charter; incorporation, boundaries, powers. .......... HB 741
HAM, PHHJLIP BENSON; name frontage road for; Monroe County. .......... HR 438
HANDGUNS (See Guns or Firearms)
HANDICAPPED PERSONS Aged and Disabled Transportation Task Force; recreate. ..................... HR 95 Caregivers to the Physically Disabled; voting; absentee elector. .............. HB 153 Chairlifts Located Buildings Operated by Nonprofit Organization. ........... SB 377 Change References in OCGA; insert "persons with disabilities"; remove accessibility barriers. ........................................... HB 653 Change References to Handicapped; insert "persons with disabilities". ... HB 601 Code Revision; Title 30; correct errors and omissions........................ HB 199 Developmentally Disabled; family support program; income tax credit. ....... HB 262 Developmentally disabled Persons; programs affecting; state planning. ....... SB 239 Disabled Persons; create Technology Related Assistance Trust Fund.......... SR 166 Disabled Persons; creation of discretionary trusts; study committee. ......... SR 290 Families Adopting Hard-to-Place Child; boarding financial assistance. ........ HB 253 Guardianships; appointment procedures; joint committee to study. ............ SR 77 Handicapped Parking Privilege; military veteran awarded Purple Heart. ... SB 92 Hearing and Visually Impaired Persons; assistance; obtaining specialized telecommunication TDD devices. ............................. SB 460 Hearing Impaired Education; consolidate into single school for deaf. .......... SB 63 License Plates; issuance of special motorcycle plates. ....................... SB 438 Persons to Report Exploitation by a Caretaker; bank employees. ............. SB 395 Persons With Disabilities; educational grants; use of lottery funds. .......... SB 158 Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368 Rehabilitative Services; Technology Related Assistance for Individuals with Disabilities Act. .................................................. SB 295 State Schools for the Deaf and Blind; operation of; employee status. ......... HB 406 Workers' Compensation Injury Trust Fund; impact of ADA; study of. ........ SR 247
HARALSON COUNTY; Board of Education; election districts. ................ HB 994
HARBOUR, MICHAEL; commend .......................... SR 360
HARDY, CHARLES Commend .............................................................. SR 158 Designate Parkway for; Paulding County. .................................. SR 15 Designate Parkway for; Paulding County. .................................. HR 94
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2432

JOURNAL OF THE SENATE

HARPER, JAMES CECIL, JR.; name bridge west of Nicholls to honor. ....... HR 276

HARPER, VASHAUN; National 4-H Conference Delegate; commend .......... SR 151

HARRIS COUNTY Harris County Public Improvements Authority; creation..................... HB 882 Harris County Streets and Road Authority; creation. .............. HB 883 Magistrate Court; impose fees to fund county law library. ................... HB 412 Probate and Magistrate Court Judges; nonpartisan election. ................ SB 391

HARRIS, JULIAN; 1994-95 State 4-H President; commend .................. SR 150

HART COUNTY Probate Court; judge; superior court clerk; compensation. .................. HB 1043 Property Conveyance; grant easement for sanitary sewer lines. .............. SR 118 Superior Court; Northern Judicial Circuit; third judgeship. ................. HB 236 Tax Commissioner; compensation. ....................................... HB 1044

HARTSFIELD, DR. KIRK OF EMMANUEL COLLEGE; commend

SR 193

HARVARD, BEVERLY, ATLANTA POLICE CHIEF; recognizing.

SR 238

HATCHER, CHRISTOPHER OF VALDOSTA STATE; commend

SR 129

HAYES, BEVERLY B., JR.; expressing regret at his passing ................. SR 348

HAZARDOUS MATERIALS Dry Cleaning Solvent Wastes; contaminated sites; corrective actions. ......... SB 56 Hazardous Waste Sites; corrective actions; state may incur debt. ............ SR 128 Motor Fuel Deliveries Directly Into Vehicle Tank; safety mechanisms. ........ HB 39 Petroleum Pipelines; proposed routes, siting; environmental impact. .......... SB 24 Solid Waste Reduction Study Committee; creation. ......................... SR 265 Vehicles Carrying Hazardous Materials; motor common carrier rules. ........ HB 609

HAZLEHURST, CITY OF; mayor; duties; work hours; compensation ........ HB 1031

HEALTH (Also See Mental Health or Health Care Facilities

or Human Resources)

Abortions Performed Without Informing Female of Risks; penalty. ......

SB 327

AIDS Confidential Information; subpoenas in death investigations. .......... HB 268

Alzheimer's Patient Care; facilities required disclose treatment. ............. HB 558

Ambulances; emergency 911 calls; committee to study misuse, abuses. .... SR 57

Cardiopulmonary Resuscitation; effectuating orders to withhold. .............. SB 55

Chairlifts Located Buildings of Nonprofit Organizations; exemption. ......... SB 377

Child Support Awards; consideration of medical care costs. .................. SB 290

Code Revision; Title 31; correct errors and omissions. ....................... HB 199

Contact Lens; regulate sales and dispensing by prescribers. ................. SB 125

Dead Bodies; burial caskets; permanent means of identification. ............. HB 246

Dead Bodies; offense of abuse of a dead body prior to interment. ............. HB 520

Death; pronouncement of death; coroners or deputy coroners. ............... HB 508

Deceased Persons; identity affixed cemetery caskets or vessels. ............... SB 43

Disabled Persons; create Technology Related Assistance Trust Fund. ......... SR 166

Emergency Guardians; persons authorized consent to medical care. .......... SB 143

Emergency Medical Services; state-wide system of trauma care. .............. SB 70

Fire Ant Study Committee; creation. ...................................... SR 293

Food Service Establishments; permits; food safety training. ................. SB 274

Food Service Establishments; sanitation requirements; food handlers. ......... SB 75

Genetic Testing; information derived; disclosure violations. .................. SB 233

Genetic Testing; limit use of information; prohibit deny insurance. ........... HB 616

Georgia Policy Council for Children and Families Act; enact. ................ SB 256

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INDEX

2433

HEALTH (Continued)

Handicapped Persons; Technology Related Assistance for Individuals

with Disabilities Act. .................................................. SB 295

Health Care Expenditures; individual medical care savings accounts. ........ SB 373

Health Care Facilities, Services; certificate of need (CON)

regulations; joint committee to study. ................................... SR 240

Health Care for Inmates Study Committee; creating. ....................... SR 261

Health Care Fraud Investigations; documentary evidence; subpoenas. ........ HB 338

Health Care Policy Contrary Certain Beliefs; alternative selections. .......... SB 417

Health Care Providers; peer review activities; confidentiality. ................ SB 93

Health Care Providers; peer review; confidentiality of proceedings. ............ SB 95

Health Networks and Plans Providing Services; access standards. ........... SB 195

Home Care Agencies; employee job performance; disclosure; immunity. ....... HB 297

Hospital Authorities; managed health care activities; participating

providers; contracts with Department of Medical Assistance. .............. HB 765

Insurance; bone marrow transplants; breast cancer; Hodgkin's Disease ....... HB 369

Insurance; dermatological services; prohibit referral requirement............. HB 281

Insurance; group disability income; preexisting conditions. ................... SB 23

Insurance; portability of coverage; preexisting conditions; claims. ............ HB 616

Insurance; preferred, participating providers; termination criteria. ........... SB 237

Insurers; health care plans; conversion from nonprofit to a

for-profit corporation; procedures. ....................................... HB 669

Long-term Care; ombudsman for residents; training; interference

with official duties; liability immunity. .................................. HB 557

Medical Care; individual savings account program; establishment of. ......... SB 373

Medical Savings Accounts; employer/employee incentives; urging. ............ SR 288

Mental; appointment of guardianships; joint committee to study. ...

SR 77

Mental; developmentally disabled persons; family support program. .......... HB 262

Mental Health Community Service Boards; funding allocations.

SB 339

Mental Health; patients; determining involuntary treatment; records. .......... SB 93

Mental; psychotherapy; patient-client privileged communications. ............ SB 223

Nurses; practical; licensure; applicants trained in another state. ............. HB 395

Nursing Homes, Hospitals; supervision of dental hygienists. ................ SB 389

Nursing Homes; persons seeking employment; criminal record check. ........ HB 318

Osteoporosis Prevention and Treatment Education Act; enact. ............... HB 558

Osteoporosis Prevention and Treatment Education Program; provide. ........ HB 433

Pain Management; anesthesiology and oncology; committee to study........... SR 69

Pediatric Health Care; child wellness services; insurance coverage. ........... SB 51

Pediatric Health Care; child wellness services; insurance coverage. .......... SB 129

Perinatal Services; health care planning; redefine clinical services............. SB 5

Pharmacists; prescribed drugs; generic drug substitution; conditions. ........ SB 309

Prescription Drug Orders; authority of physicians' assistants. ............... HB 285

Providers; commercial solicitation of vehicle accident victims. ............... SB 369

Public Health; create new state department and board. ..................... HB 528

Public Health Violations; injunction cases; appeals; enforcement. .............. SB 69

Public; smoking, using tobacco products; places of employment. .............. SB 236

Rural and Inner-city Areas; recognize health care professionals. .............. SR 84

Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320

School Health Education, Services; create commission to evaluate. ........... SR 127

Sex Education Courses in Public Schools; parental consent; hearings. ........ SB 392

State Boxing Commission; contracts; promotion of amateur boxing. ........... SB 35

Trauma Care Response; state-wide plan; directing DHR create............... SR 139

Tuberculosis, Contagious; patients; involuntary treatment orders. ........... HB 454

Vital Records; fees retained by probate court judges; reports. ................ HB 248

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2434

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Nursing Homes or Human Resources) Abortion; woman's right to know certain information prior abortion. ......... SB 327 Alzheimer's Patients; facilities required disclose actual treatment. ........... HB 558 Ambulances; irresponsible 911 emergency calls; committee to study. ........ SR 57 Cardiopulmonary Resuscitation; orders to withhold; conditions; ID. ........... SB 55 Certificate of Need (CON) Regulations Imposed; committee to study. ........ SR 240 Dental Hygienist Working in Nursing Homes, Hospitals; supervision of. ...... SB 389 Emergency Medical Services; trauma victims; pre-hospital care. ............ SB 70 Genetic Testing; information derived; disclosure violations. .................. SB 233 Genetic Testing; protect person's identity; prohibit deny insurance. .......... HB 616 Guardians; appointment in emergencies when ward needs medical care. . . . . . SB 143 Health Care for Rural and Underserved Georgians Day; recognize. ........... SR 84 Health Care Planning; clinical services; include perinatal services ............ SB 5 Health Care Providers; peer review; confidentiality of proceedings. ............ SB 95 Health Insurers; participating provider plans; termination criteria. .......... SB 237 Health Networks and Plans Providing Services; access standards. ........... SB 195 Hospital Authorities; Local Government Authorities Registration Act. ........ HB 250 Hospital Authorities; managed health care networks, plans; participating providers; Medicaid contracts. .......................................... HB 765 Hospital Authorities; self-insurers; workers' compensation benefits. .......... HB 579 Hospitals; rural; physicians in selected specialties; tax credit. ............... HB 524 Insurers; health care plans; conversion from nonprofit to for-profit corporation; procedures................................................. HB 669 Long-term Care; ombudsman for residents; authority; interference with official investigations; liability immunity. ........................... HB 557 Mental Health; involuntary treatment; access to court records. ............... SB 93 Nurses; practical; licensure; applicants trained in another state. ............. HB 395 Nursing Homes; discrimination of medicaid patients; study committee. ........ SR 68 Nursing Homes; persons seeking employment; criminal record check. ........ HB 318 Pain Management; anesthesiology and oncology; committee to study........... SR 69 Persons Receiving Services; alternative selection of a provider. .............. SB 417 Physicians' Assistants; authority; patient prescription drug orders. .......... HB 285 Prescribed Drugs; generic substitution; therapeutic equivalence. ............. SB 309 Prison Hospital; designate for Groover, Denmark, Jr.; Bibb County. ........... HR 21 Public Health; create new state department and board. ..................... HB 528 Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320 State Health Planning; delete obstetrics; add perinatal services. .............. SB 5 State Hospital for Inmates; study relocate proposed medical facility. ......... SR 261 Trauma Patient Care; direct study of state-wide response services. .......... SR 139 Tuberculosis, Contagious; violations; involuntary treatment orders. .......... HB 454
HEARD COUNTY Board of Education; nonpartisan primaries, elections. ...................... HB 294 Superior Court; Coweta Judicial Circuit; fifth judgeship. .................... HB 236
HEARING IMPAIRED EDUCATION; consolidate single state school for deaf. SB 63
HEART OF GEORGIA REGIONAL AIRPORT AUTHORITY; creation. HB 1002
HEIDEL, LEE; National 4-H Conference Delegate; commend ................. SR 149
HENRY COUNTY Ad Valorem; homestead exemption; elderly residents; referendum. ........... HB 904 Ad Valorem Taxes; homestead exemption; increase amount; referendum. .... HB 303 Board of Elections; creation............................................... SB 402
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INDEX

2435

HENRY COUNTY (Continued) Development Authority; members; terms; appointment; posts. .............. HB 1016 Office of Treasurer; abolish. .............................................. HB 307

HEPHZffiAH, CITY OF Consolidation with Augusta-Richmond County Commission-Council. ......... HB 805 Consolidation With Richmond County; repeal charter; referendum. ......... HB 1050

HERITAGE SCHOOL IN NEWNAN, 25TH ANNIVERSARY; congratulating .......................................................... SR 222

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Code Revision; Title 32; correct errors and omissions. ....................... HB 199

Designate; Arthur Langford, Jr., Memorial Parkway; Atlanta. ................ SR 44

Designate; Bartow Gibson Highway; Highway 285; Seminole County. ........ HR 291

Designate; Benson Ham Road; 1-75 frontage road; Monroe County. .......... HR 438

Designate; Charles Hardy Parkway; Hwy 120 in Paulding County.

HR 94

Designate; Charles Hardy Parkway; Paulding County. ....................... SR 15

Designate; Harold G. Clarke Parkway on S. R. 18, Monroe County. .......... HR 437

Designate; Robert L. Brown Bridge; State Hwy 60, Fannin County. ........... SR 67

Designate; James Cecil Harper, Jr., Bridge; S.R. 32 west of Nicholls.

HR 276

Designate; J.L. Turner Bridge; Route 90, Macon County...................... SR 12

Designate; John R. McKinney Medal of Honor Highway; Screven County.

HR 501

Designate; Michael J. Padgett, Sr., Highway in Augusta. ................... HR 189

Designate; M.L. King, Jr. Drive; State Hwy 333 from Quitman. ............. HR 160

Designate; Old Milton Parkway; Old Milton County Bridge; Fulton County. . HR 195

Designate; portion Pine Mountain Trail to honor D. Neal Wickham. ......... HR 261

Designate; Private Lucy Matilda Gauss Bridge; S.R. 32; Coffee County. ...... HR 233

Designate; Purple Heart Highway; portion 1-20 within Rockdale County.

SR 123

Designate; Veterans Parkway; certain portion Interstate 85 North. ........... SR 85

Designate; Wade R. Milam, Jr. Bridge over West Point Lake. ............... SR 132

Designate; Wade R. Milam, Jr., Bridge; West Point Lake; Troup County.

HR 304

Designate; Walter E. Cox Parkway; Ga. Hwy 1 and U.S. Hwy 27. ............ HR 448

Developmental Highways; add east-west corridor 1-75 N to SR

316; remove Outer Perimeter. ........................................... SB 2

Federal Highway Funds; urge reauthorize ISTEA and TEA program.

SR 281

Georgia's Antebellum Trail, 10th Anniversary; recognize .................... SR 114

Highway 441 in Rabun County; design restrictions; limiting access. .......... HR 535

Junkyards, Salvage Yards Adjacent Public Roads; location; screening. ........ SB 302

Lake Oconee Parkway; designate on State Highway 44. ...................... HR 79

Motor Fuel Taxes; exemption; dyed fuel oils for nonhighway use. ............ HB 510

Outdoor Advertising on Public Roads; directional signs, signals. ............. SB 319

Outdoor Advertising; tree or vegetation cutting prohibited. .................. SB 169

Outdoor Advertising; tree trimming permits; application, renewal fee. ........ SB 321

Public Roads; construction, maintenance; include bicycle paths,

rapid transit systems and passenger rail service. Prefiled .................. SB 3

Public Roads; property no longer needed; procedure for selling. .............. SB 161

Roads and Highway Maintenance; urge use of inmate labor to perform. ....... SR 90

Roadways; riding bicycles on right side; exception; avoiding hazards. ......... HB 552

Sidewalks, Bicycle Path Construction; special county 1% sales tax.

HB 161

Speed Limit Restrictions; signage; construction sites; firefighters

using communication headphones. ....................................... SB 48

Speed Limits; approval by DOT Traffic Operations; detection devices.

SB 320

State Transportation Board; members; per diem and travel costs.

HB 641

Truck Weights; scale tolerances; urge uniformity among states. ............. SR 242

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2436

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued) Trucks Hauling Certain Commodities; change maximum weight allowed. . HB 490 U.S. Highway 41; City of Acworth; consent to annex portion of. .............. HR 155 Vehicle Lengths; certain loads of wood products exceeding 60 feet. ........... HB 511 Vehicle Loads; excess maximum length; single-trip emergency permit. ....... HB 717 Vehicles; excess weight, loads; single-trip emergency permits. ............... SB 318 Vehicular Traffic; pedestrian right of way within crosswalk; commercial motor vehicle operator disqualifications. ....................... HB 70 Welcome Centers; installation of automated teller machines. ................ HB 147 Wiregrass Georgia Parkway; celebrating official designation. ................ SR 205

HILL, JOY; introduced; inspirational song ................................ Page 1176

HILL, MATTHEW; elected Senate Sergeant at Arms ........................ Page 12

HISTORIC SITES AND PRESERVATION

American Heritage Affirmations or Documents; encourage in schools. ......... SB 71

American Heritage Affirmations or Documents; encourage in schools. ........ SB 324

Cumberland Island and City of St. Marys; urge National Park

Service adopt plan for certain historic properties. ........................ HR 316

Department of Archives and History; duties relative to Indians. ............. SB 123

Education Facilities Registered as Historic Landmarks; QBE funding. ....... HB 365

Educational Facilities; historic landmarks; requirements; funding. ............ SB 71

Etowah Mounds; authorizing Henry Tumlin Family commemorative marker. . SR 18

Indian Affairs Commission, Georgia; create. ............................... SB 266

Public Records; location of historic sites; restrict disclosure. ................. SB 170

Rhodes Memorial Hall; rental agreement; Georgia Trust for Historic

Preservation, Inc. ...................................................... HR 81

State Railroad Museum; Central of Georgia Railroad Shops; Savannah.

SB 415

Wiregrass Georgia Parkway; celebrating official designation. ................ SR 205

HOME HEALTH CARE AGENCY; employee job performance; disclosure; immunity. .............................................................. HB 297

HOMELESS PERSONS (Also See Indigent Persons); special needs; housing; Georgia Youthbuild Program. .............................. SB 315

HOMESTEAD EXEMPTION

Baldwin County; ad valorem taxes; exempt certain leased homesteads.

HB 1018

Cartersville, City of; ad valorem; school tax exemption. ..................... SB 398

Cherokee County; ad valorem school taxes; exemption; age and income. ...... HB 803

Clayton County; ad valorem school taxes; exempt elderly residents. .......... SB 261

Decatur School District Taxes; exempt persons 80 years or over.

SB 456

DeKalb County; ad valorem; exemption; collection of local sales tax. ......... HB 935

Forsyth County; ad valorem; exempt certain age, income; referendum.

SB 473

Fulton County; ad valorem taxes; exempt certain disabled or elderly. ........ HB 780

Gilmer County; ad valorem school taxes; exempt certain age, income. ........ HB 556

Henry County; ad valorem; exemption; elderly residents; referendum. ........ HB 904

Henry County; ad valorem; increase homestead exemption; referendum. ...... HB 303

Lumpkin County; ad valorem; school taxes; homestead exemption. ........... HB 826

Morrow, City of; ad valorem taxes; increase exemption amount. ............. SB 273

Peach County; ad valorem; school taxes; exempt certain residents. ........... HB 908

Putnam County; ad valorem taxes; exempt certain leased homesteads. ...... HB 1019

Richmond County; ad valorem school taxes; exempt senior citizens. .......... SB 164

Roswell, City of; ad valorem exemption; certain age, income. ................ HB 810

Warner Robins, City of; ad valorem taxes; exempt senior citizens. ........... HB 869

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INDEX

2437

HOMESTEAD OPTION SALES AND USE TAX ACT; enact.

HB 108

HOMICIDE; Offense of Homicide by Vessel, Feticide by Vessel; penalties. . SB 111

HOOD, MAYME JO Property Conveyance; W&A Railroad right of way. ......................... HR 419 Property Conveyance; W&A Railroad right of way adjoining residence. ....... SR 269

HORSE RACING FACILITY AT AGRICULTURAL EXPOSITION CENTER, Houston County; committee to study. ..................................... HR 242

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOUSE OF REPRESENTATIVES

Budgetary Responsibility Oversight Committee; members; functions. ......... HB 233

Convened; notify Senate. .................................................. HR 13

General Assembly; jointly sponsored bills, resolutions; authorize. ............ SB 128

Inauguration; joint session of General Assembly. ............................ SR 9

Legislative Information; public distribution through GaNeVPeachNet. ......... HB 53

Legislative Information; public distribution through GeorgiaNet. ............ SB 337

Legislative Services Committee; additional member; minority leader. ......... HB 60

Legislative Services Committee; additional members; minority leaders. ...

SB 28

Members; limitation of terms of office; amend Constitution. ................... SR 2

Members; per diem allowance; reimbursable expenses; differential. ........... HB 62

Members; unexpired terms; filling of vacancies. ............................ SR 287

Proposed Bills Affecting Residential Housing Costs; impact statement. ........ SB 97

Reapportionment; districts 4, 5, 6, 116, 118, 119, 128, 139 and 141. .......... HB 440

HOUSING (See Buildings and Housing)

HOUSING AFFORDABILITY IMPACT NOTE ACT.

SB 97

HOUSING AND FINANCE AUTHORITY, GEORGIA Economic Development; issuance of bonds; redefine business; sunset. ........ HB 323 Employees; inclusion in state employees' health insurance plan. ............. HB 382 Industrial Development Bonds; issuance; amend sunset provision. ........... HB 288

HOUSTON COUNTY; Horse Racing; construction of facility at Agricultural Exposition Center; committee to study. ..................... HR 242

HOWARD, CAROLYN MARTIN; Clinical Laboratory Services; commend ... SR 377

HOWARD, LIEUTENANT GOVERNOR PIERRE Birthday Congratulations. ............................................... SR 135 Commitment to Child Safety and Injury Prevention; commend. .............. SR 211 Inauguration Joint Session ............................................... Page 25

HOWARD, ROBERT N. (BOBBY); condolences on his passing. ............... SR 344

HUDSON, B.L. AND V. ELADSfE

Property Conveyance; railroad right of way. ............................... HR 419

Property Conveyance; W&A Railroad right of way adjoining residence.

SR 269

HUMAN RESOURCES (Also See Social Services or Health) Administration of Governor's Council on Developmental Disabilities. ......... SB 239 AFDC; child welfare recipients; school attendance; LEARNFARE program. .SB 298 AFDC; teenage welfare recipients; school attendance requirements. ........... SB 13 Aged and Disabled Transportation Task Force; recreate. ..................... HR 95
Child Abuse; DFACS investigations; evidence; registry of abusers. ........... HB 155 Child Placement; adoption of handicapped children; boarding costs. .......... HB 253 Child Protective Services Information System; registry of abusers. ........... HB 155

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2438

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued)

Child Support Agency Employees; sanctions; abusive public behavior. ........ SB 213

Child Support; contempt proceedings; failure to pay; legal defense. ........... SB 61

Child Support Recovery; noncomplying professional business licensees. ....... SB 227

Child Support Recovery; state registry; information sharing. ................. HB 72

Children and Families; services coordination, community partnerships. ...... SB 256

Department; duties; inform family violence victims of resources. ............. SB 209

Department; powers; food service safety protection practices. ................ SB 274

Department; public health, safety violations; injunction cases. ................ SB 69

Developmentally Disabled; family support program; income tax credit. ....... HB 262

DFACS; access to juvenile law enforcement, arrest records. ................. SB 156

DFACS Employees; voluntary payroll deductions; professional dues. ......... HB 473

DUI Alcohol, Drug Use Reduction Programs; rules; satellite programs. ....... SB 250

Elected State Officers; random testing for use of illegal drugs;

certain named officers, justices, judges; procedures.

SB 240

Emergency Health; development of state-wide trauma care system. ........... SB 70

Georgia Policy Council for Children and Families Act; enact. ................ SB 256

Hearing and Visually Impaired Persons; assistance; obtaining

specialized telecommunications TDD devices. ............................ SB 460

Homeless Youth, Foster Care Agencies; participate Youthbuild Program. . . . . . SB 315

Jobs First Program; test project; AFDC recipients; job assignment. .......... HB 570

Milledgeville YDC; surplus land parcels; sell by competitive bid. ............. HR 334

Public Assistance; AFDC benefits; fraud; wrongful receipt.

SB 112

Public Assistance; AFDC cash benefits; additional birth of a child.

SB 382

Public Assistance; AFDC money payment terminated after certain date.

SB 383

Public Assistance; AFDC parent; income considerations; man in house. ...... SB 378

Public Assistance; AFDC recipients; PEACH Employment Services. .......... SB 388

Public Assistance; AFDC recipients under age 18; live parent's home. ........ SB 380

Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384

Public Assistance or Food Stamps; overpayment errors; fair hearings;

ineligible future benefits. .............................................. SB 446

Public Assistance; recipient benefits; estimated costs; survey. ............... SB 381

Public Health, Department of; create; transfer certain DHR functions.

HB 528

Public Health Division; state-wide trauma response system planning.

SR 139

Public Health; school health services; commission to evaluate issues.

SR 127

Rehabilitative Services; technology related assistance; loan program.

SB 295

Tuberculosis, Contagious; regulating compliance to reduce exposure. ......... HB 454

HUNT, WILLIS; Supreme Court Chief Justice; address joint session .......... Page 50

HUNTING (Also See Game and Fish)

Licenses and Stamps; archery; firearms; sportsman; migratory

birds; deer carcass tag; telephone agents.

HB 277

State Parks; permission to hunt wildlife; approved weapons; rifles. .......... HB 200

Wildlife; legal weapons; shotguns; approved shot shell size.

HB 274

IDENTIFICATION DOCUMENTS

False ID; possession with intent to defraud or deceive; penalties.

SB 198

Fraudulent Issuance of Personal ID Cards; untruthful identification. ......... SB 253

Issued by Department of Public Safety; fraudulent use; cancellation. ......... HB 254

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INDEX

2439

ILA, CITY OF; mayor and council members; terms of office. .................. HB 674
INAUGURATION; Governor and Lieutenant Governor ...................... Page 25
INCOME TAX (Also See Revenue and Taxation) Corporate Net Income; apportionment method; three factor formula. .......... HB 50 Credit; employers hiring AFDC recipients; Jobs First Program. .............. HB 570 Credit; employers retraining programs and child care. ...................... HB 336 Credit; physicians practicing rural counties; qualifying. ..................... HB 524 Credit; Property Tax Credit Act of 1995; enact. ............................. HB 38 Exemption; contributions to a medical care savings account. ................ SB 373 Exemption; employers for costs of hiring or training minors. ................. SB 76 Exemption; family support of developmentally disabled persons. ............. HB 262 Federal Retiree Refund Act of 1995; enact; Reich v. Collins case. ............. HB 90 Federal Retirees; taxes collected 1985, 1986, 1987 and 1988; persons failing to file timely refund claims. ............................... HB 3 Internal Revenue Code; federal tax laws; incorporate state tax laws. .......... HB 34 Job Tax Credit; business expansion; certain distressed counties. ............. HB 336 Withholding State Taxes; federal Civil Service Retirement benefits. .......... HB 462
INDIAN HERITAGE AND CONCERNS Etowah Mounds State Historic Site; commend Henry Tumlin Family. ......... SR 18 Indian Affairs Commission; create. ........................................ SB 266 Indian Affairs Study Committee; create. ................................... SR 309 Indian Tribes; legal recognition; create indian housing authorities. ........... SB 123 Official American Indian Tribe; Southern Band Cherokees and Creeks. ........ SB 41
INDIGENT PERSONS Contempt Proceedings; failure to pay child support; legal defense. ........... SB 61 Economically Disadvantaged; Georgia Youthbuild Program; purposes. ...... SB 315 Public Assistance; AFDC benefits; when birth of a child disqualifies. ......... SB 382 Public Assistance; AFDC child recipients; LEARNFARE pilot program. ... SB 298 Public Assistance; AFDC custodial parent; consideration of income. .......... SB 378 Public Assistance; AFDC money payments terminated after certain date. . . . . . SB 383 Public Assistance; AFDC recipients; requirements; PEACH program. ........ SB 388 Public Assistance; AFDC recipients under age 18; live parent's home. ........ SB 380 Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384 Public Assistance; AFDC wage earners; prohibit denial of benefits. .......... SB 379 Public Assistance; fraud; accepting ineligible AFDC benefit payments. .... SB 112 Public Assistance or Food Stamps; overpayment errors; fair hearings. ..... SB 446 Rented Property; tenants' possessions; Eviction Law Study Committee. ....... SR 53
INDUSTRY AND TRADE Agribusiness Industry; economic skills; review education programs. .......... SR 163 Community Business Development Task Force; creation..................... SR 253 Development Authorities; transfer of unused property to the state. . ........ HB 363 Economic Development and Revitalization; South Fulton County; joint commission to study. ............................................. SR 101 Environmental Laws; noncompliance; factors; trade secrets in reports. ....... SB 244 Georgia Future Communities Commission; creation. ........................ HR 324 Georgia High Tech Alliance; commend .................................... SR 323 Georgia Institute for Community Business Development; creation. ........... SB 404 Hotel-Motel Excise Tax; additional authorization; certain conditions. ......... HB 419 Industrial Authorities; Local Government Registration Act. ................. HB 250 Private Industry; reemployment rights; absence due military service. ........ SB 299 Product Packaging; prohibited containers; nonbiodegradable. ................ SB 335 Regional Development Centers; territorial boundaries; ratify changes. ....... HR 323
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2440

JOURNAL OF THE SENATE

INDUSTRY AND TRADE (Continued)

Tourism Promotions; state railroad museum in Savannah. .................. SB 415

Trade Secrets; offense of theft; definitions; penalties; litigation. .............. SB 418

Trade Secrets, Offense of Theft of; penalties. ............................... HB 340

Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

Vidalia Onion Production Area; rules, regulations for marketing.

HB 208

Welcome Centers; automated teller and cash-dispensing machines. .......... HB 147

INITIATIVE PETITION Public Initiative Petition and Referendum Process. .......................... SR 60 Public Process for People to Enact or Reject Laws at Polls. ................... SR 66 Public Process for People to Enact or Reject Statutes at the Polls. ........... SR 115 Public Process for Voters to Enact or Reject Statutes, Amendments. .......... SR 23 Public Process to Enact or Reject Laws at the Polls. ........................ SR 236 Public Process to Propose Laws and Amendments in State-wide Referenda. . SR 4

INMATES (Also See Corrections or Courts)

Convicted Felons Using Firearms in Subsequent Crimes; punishment.

... HB 87

Corrections Prison Management; report to General Assembly. ............... SR 137

Crimes Committed While in Prison; consecutive service of sentences. ........ SB 406

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Habeas Corpus Actions; procedural rules; filing. .............. SB 102

Education Programs; school age youth; vocational training for adults. ........ SB 228

Education Programs; school age youth; vocational training for adults. ........ HB 436

Felony Conviction Records; public access to; procedures; fees. ............... HB 314

Health Care for Inmates Study Committee; creating. ....................... SR 261

Incarceration; repeat felony offenders, sexual or physically

violent offenses; prohibit place probation boot camp. ...................... SB 285

Inmate Labor to Perform Mowing on Road Rights of Way; urge use of. ........ SR 90

Jailing of Prisoners in Another County; pretrial criminal procedure. ......... HB 347

Jails; Inmate Reimbursement to Counties and Municipalities Act. ........... SB 222

Jails Operated by Regional Jail Authorities; use of certain funds. ............ HB 348

Juveniles Convicted as an Adult; housing in youth confinement unit. ........ SB 229

Labor Assignments; correctional industries; public, private entities. .......... SB 431

Medical Treatment Expenses; repayment; inmates in workcamps

or municipal or county detention facilities. ............................... HB 757

Offense of Riot in a Penal Institution; felony penalty. ........................ HB 87

Offense of Sentence Circumvention; criminal penalty. ....................... HB 315

Pardons and Paroles Board; public records; actions and findings. ............ SB 139

Pardons and Paroles Board; voting records; public inspection. ................ SB 59

Parole Conditions; alcohol or drug use risk reduction program. .............. SB 154

Parole Conditions; obtain educational or vocational skills;

participate Alcohol/Drug Use Reduction Program. ........................ HB 229

Parole or Probation; suspension; new offenses of injury or threats. ........... HB 509

Probation; community service hours; felony or misdemeanor cases. ............ SB 78

Probation Detention, Diversion Centers; delineate persons sentenced. ........ SB 230

Serious Violent Felonies; prior convictions; limit granting of bail. ............. SB 81

Victims' Bill of Rights; change in custodial status; notify victim. ...

HB 170

INSURANCE

Auto, Health, Property Policies; coverage and cancellation. ................... SB 51

Code Revision; Title 33; correct errors and omissions. ....................... HB 199

Commissioner; authority; enter agreements; license testing services. ......... SB 330

Commissioner; authority; service agreements; insurer asset reports.

HB 626

Commissioner; enforcement powers; monetary penalties for violations. ....... SB 152

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INDEX

2441

INSURANCE (Continued)

Commissioner; limitation of terms of office; amend Constitution. .............. SR 2

Commissioner; limitation of terms of office; amend Constitution. .............. SR 30

Commissioner; limitation of terms of office; amend Constitution. .............. SR 39

Commissioner; limitation of terms of office; amend Constitution. ............. SR 161

Counties; expenditure of funds for insurance; restrictions. ................... SB 226

Credit Insurance; limited licenses; scope of authority. ...................... SB 185

Credit Insurance; security interests, vendor collateral; rate

filings; agent licensing. ................................................ HB 330

Fraud Investigation, Prosecution; special fees to defray costs. ............... SB 208

Fraud Investigations, Prosecutions; disclosure; insurer assessments;

establish Special Insurance Fraud Fund. ................................ HB 616

Group Disability Income; preexisting conditions; limits, exclusions. ........... SB 23

Health; accident, sickness coverage; include in child support orders. ......... SB 290

Health Care Corporations; conversion from nonprofit to for-profit

status; procedures. .................................................... HB 669

Health Care Expenditures; individual medical care savings accounts. ........ SB 373

Health Care Financing, Delivery in Rural Areas; committee to study. ........ SR 320

Health Care Plans; compliance; hospital authorities operating

managed care activities; Medicaid contracts. ............................. HB 765

Health; coverage; bone marrow transplants; treatment of breast

cancer and Hodgkin's Disease. .......................................... HB 369

Health; coverage of child wellness services; pediatric health care. ............ SB 129

Health; coverage; portability; preexisting conditions; termination

due claims experiences. ................................................ HB 616

Health; dennatological services; prohibit referral requirement. .............. HB 281

Health; group policies; child wellness services; coverage required. ........ SB 51

Health Networks and Plans Providing Services; access standards. ........... SB 195

Health or Disability; genetic test information; unauthorized uses. ............ SB 233

Health or Disability; genetic test information; unauthorized uses. ............ HB 616

Health; Osteoporosis Prevention and Treatment Education Act; enact. ....... HB 558

Health; osteoporosis prevention, treatment; raise public awareness. .......... HB 433

Health; participating provider agreements; termination criteria. ............. SB 237

Health; peer review activities; functions; confidentiality. ..................... SB 93

Health; provider agreements with managed care organizations. ............... SB 95

Health; small employer plans; benefits, exclusions, coverages. ............... SB 220

Health; subscriber beliefs contrary certain services; alternatives. ............ SB 417

Indemnification of Public Officers; compensable claims; applications;

include certain national guard members. ................................ SB 353

Individual Medical Care Savings Accounts and Trusts; establishment. ....... SB 373

Insurers; acquisition or disposition of assets; subject to reporting.

...... SB 129

Insurers; auto, health, property; change certain requirements. ............... SB 129

Insurers; capital stock or surplus; revise requirement amount. .............. HB 431

Insurers; financial assets; include certain record keeping machines. .......... HB 595

Licensing of Adjusters; exemption; salaried employees of an insurer. ......... SB 207

Licensing of Agents, Adjusters; exclude certain personnel. ................... SB 45

Licensing of Agents, Adjusters; exempt certain salaried employees. ........... SB 51

Life; corporations; conveyance of insurable interest; transactions. ............ SB 332

Life; inclusion in court orders for child support. ............................ SB 423

Life; inclusion in court orders for child support. ............................. HB 72

MARTA Vehicles; tort liability; medical insurance for injured riders. ......... SB 436

Medical Savings Accounts; urge Congress enact legislation. ................. SR 288

Medical Savings Accounts; urge Congress enact legislation. ................. SR 288

Motor Vehicle; accident victims; commercial solicitation prohibited. .......... SB 369

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2442

JOURNAL OF THE SENATE

INSURANCE (Continued) Motor Vehicle; liability coverage; cancellation; dishonored check. ............. SB 51 Motor Vehicle; liability coverage; cancellation for dishonored check. .......... SB 238 Motor Vehicle; liability of accident damages; coverage required. ............. SB 334 Motor Vehicle; liability; self-insurers; cash deposits requirements. ........... HB 677 Motor Vehicle; premium reduction; certain high school students. ............ SB 129 Motor Vehicle; premium reduction; high school students. .................... SB 21 Motor Vehicle; premium reduction; named driver's under age 25. ............ SB 129 Motor Vehicle; valid cancellations; insurer failure notify PSD. ............... SB 151 Policies; redefine premium; cancellation or nonrenewal; refunds. .............. SB 51 Premium Finance Companies; agreements; cancellation; returned checks. . HB 375 Premiums and Charges; specified in the policy; report filing. ................. HB 42 Property and Casualty; producer controlled; filing of reports. ................ SB 129 Property; coverage of personal property changing in its specifics. ............ SB 448 Property; failure of insured to pay premium; clarify nonrenewal. ............. SB 51 Property Insurers; fair access requirements; underwriting. .................. SB 289 Small Group Health Insurance; benefits, exclusions, coverages. .............. SB 220 Surplus Line Brokers; placement; finances; premiums; report filings. .......... HB 41 Surplus Line; placement; insurers meet certain financial conditions. ......... SB 142 Underwriting; adverse decisions; revise definition. .......................... HB 405 Workers' Compensation Assigned Risk Insurance Plan; rate standards. ...... SB 326 Workers' Compensation; deposits to Subsequent Injury Trust Fund. ......... SB 323 Workers' Compensation; group self-insurance funds; revise provisions. ....... SB 286 Workers' Compensation; medical services providers; billing errors. ........... SB 441 Workers' Compensation; payments to Subsequent Injury Trust Fund. ........ HB 596 Workers' Compensation; Self-insurers Guaranty Trust Fund; assessments; audits; hospital authorities as self-insurers. ............................. HB 579 Workers' Compensation; statutory employers; temporary help contracting firms or employee leasing companies. ................................... SB 331 Workers' Compensation; Subsequent Injury Trust Fund Study Committee. SR 247

INTEREST RATES (Also See Banking and Finance or Commerce and Trade)

Judgments; interest rate; calculation method; U.S. Treasury bills.

SB 180

Mortgage Lenders; residential property; interest on escrow accounts.

SB 393

Pawnbrokers; advertising credit terms, interest rates; restrictions. ........... SB 269

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1414; recognize. .............................................................. SR 361

INTRUDER BILLS Use of Deadly Force for Protection of Self or Property. ...................... SB 171 Use of Force to Defend Habitation From Unlawful Forcible Entry. ........... HB 107

IRELAND, WILLIAM E. "BELL" YOUTH DEVELOPMENT CAMPUS; Milledgeville. .............................................. SR 12

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INDEX

2443

IRISH ANCESTRY WEEK, GEORGIANS OF; designating .................. SR 260

IRWIN COUNTY; Board of Commissioners; chairman; salary. ................ HB 210

ISLAMIC COMMUNITY, OBSERVANCE OF RAMADAN; recognizing.

SR 201

JACKSON, CITY OF; Water and Sewer Authority; bond maturities. ....

HB 302

JACKSON COUNTY; Superior Court; Piedmont Circuit; third judgeship.

HB 236

JACKSON, DANIEL G. OF CARROLL COUNTY; commend

SR 170

JAILS, JAILERS

County Jail Fund; expenditures; contracts; regional jail authorities........... HB 348

Duties; custodial authority; compliance, crime victim notification. ............ HB 170

Inmate Reimbursement to Counties and Municipalities Act of 1995. ......... SB 222

Inmates; crimes committed while in prison; service of sentences. ............ SB 406

Inmates; offense of riot in a penal institution; felony penalty.

...

HB 87

Inmates; repayment of medical treatment; persons in workcamps

or municipal or county detention facilities. ............................... HB 757

Jail Facilities; issuance of revenue bonds. ................................. HB 349

Jailing of Prisoners in Another County; pretrial criminal procedure. ......... HB 347

Municipal or County Detention Facilities; jail officers; peace

officer training certification. ............................................ HB 444

Municipal Probation Systems; actions to collect delinquent fines. ............ SB 276

Probation Supervision Services; contracts for; advisory council. .............. HB 435

Regional Jail Authorities Act; enact. ...................................... HB 345

Regional Jail Facilities; using special county 1% sales tax proceeds. .......... HB 346

JARVIS, ELIZABETH K.; WMAZ-TV news reports of flood crisis; commend . . . SR 311

JEFFERSON COUNTY; Magistrate Court; chief deputy; change compensation ........................................................... HB 957

JEKYLL ISLAND STATE PARK AUTHORITY Membership; duties; master plan of projects; development restrictions; annual audit; provide Citizens Resource Council. ......................... HB 120
Restrict Activities; undeveloped and natural areas; survey, mapping. ........ SB 178

JENKEVS COUNTY; Superior Court; Ogeechee Judicial Circuit; third judgeship. ......................................................... HB 236

JENKINSBURG, CITY OF; Water and Sewer Authority; bond maturities.

HB 302

JOBS FIRST PROGRAM; test project; AFDC recipients assigned wage-paying jobs; employer tax credit. .................................... HB 570

JOBS TAX CREDIT Eligibility; business expansion support incentives; requirements. ............ HB 336 Employers Hiring AFDC Recipients Through Jobs First Program. ........... HB 570 Employers Who Hire or Train Certain Minors; income tax exemption. ......... SB 76

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2444

JOURNAL OF THE SENATE

JOHNSON, DIANE HARVEY; State Senator; commend ..................... SR 367

JOHNSON, LEE; 1995 Georgia Artist of the Year; commend .................. SR 92

JOHNSON, LEROY Former Senator; introduced, remarks .................................... Page 930 Placement of portrait in the State Capitol. ................................ SR 321

JOINT ELDER ABUSE STUDY COMMITTEE; creation.

SR 121

JOINT GUARDIANSHIP STUDY COMMITTEE; creation.

SR 77

JOINT STUDY COMMISSION ON ECONOMIC DEVELOPMENT AND REVITALIZATION; South Fulton County. ............................... SR 101

JOINT STUDY COMMITTEE ON CERTIFICATE OF NEED FOR HEALTH CARE Facilities........................................................ SR 240

JOINT STUDY COMMITTEE ON DEEALB COUNTY'S FORM OF Government. .......................................................... HR 420

JOINT STUDY COMMITTEE ON GEORGIA AGRICULTURAL EDUCATION; creation. ................................................. SR 163

JOINT STUDY COMMITTEE ON PILOT PROJECTS Cobb Judicial Circuit. ................................................... HR 260 Douglas Judicial Circuit. ................................................. SR 274 Gwinnett Judicial Circuit. ............................................... HR 384

JOINT STUDY COMMITTEE ON SCHOOL CONSTRUCTION; creation. HR 417

JOINT STUDY COMMITTEE ON USE OF "911" AMBULANCES; creation. SR 57

JOINT SUBSEQUENT INJURY TRUST FUND STUDY COMMITTEE; creating. ............................................................... SR 247

JOLLY, LEE; Cedartown High School Football Team; commend. ............... SR 16

JONES COUNTY Board of Commissioners; reconstitute; qualifications; elections. .............. HB 965 Board of Education; election districts; composition. ......................... HB 964 Board of Elections and Registration; creation. ............................. HB 1037

JUDGES (Also See Courts)

Assistance to Appellate Courts; senior justices or senior judges. ............. SB 279

Compensation of Justices, Judges; state commission to establish. ............. SR 97

Juvenile Court; hearings in connection with proceedings; venue. ............. HB 176

Juvenile Court; judge pro tempore; appointees from state court. ............. SB 141

Juvenile Court Judges and Associate Judges; annual training seminars.

SB 229

Juvenile Court; judicial education; training seminar requirements. ........... SB 292

Magistrates; increase minimum annual salary; longevity increases. .......... HB 468

Municipal Courts; judicial circuit residency; eliminate requirement. .......... HB 301

Probate Court; Decatur County; nonpartisan election without primary. ....... HB 371

Probate Court; retirement; benefits; surviving spouse. ...................... HB 483

Probate Court; retirement; increase time for vesting. ....................... HB 484

Probate Court; retirement; spousal benefits; selection options. ............... HB 485

Probate; rename Training Council; vital records; retention of fees. ........... HB 248

Superior Court; additional judgeships in 10 judicial circuits. ................ HB 236

Superior Court; Alcovy Judicial Circuit; salary supplement.

...

SB 466

Superior Court; Alcovy Judicial Circuit; third judgeship. .................... SB 278

Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325

Superior Court; Cobb Judicial Circuit; eighth judgeship. ...

SB 264

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INDEX

2445

JUDGES (Continued) Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221 Superior Court; Toombs Judicial Circuit; local salary supplement. ........... SB 462 Superior Court; Western Judicial Circuit; third judgeship. .................. SB 306

JUDGMENTS (Also See Liens) Jails; Inmate Reimbursement to Counties and Municipalities Act. ........... SB 222 Rate of Interest; method for calculating; U.S. Treasury bills yield. ........... SB 180 State Courts; enforcement of judgments; deferred partial payments. ......... SB 434

JUDICIAL CIRCUITS

Additional New Superior Court Judgeships in 10 Judicial Circuits. .......... HB 236

Alcovy Circuit; superior court; additional judgeship. ........................ HB 236

Alcovy Circuit; superior court; judge; compensation. ....................... HB 1023

Alcovy Circuit; superior court; judges; county salary supplement. ............ SB 466

Alcovy Circuit; superior court; third judgeship. ............................. SB 278

Augusta Circuit; superior court; additional judgeship. ...................... SB 325

Augusta Circuit; superior court; additional judgeship. ...................... HB 236

Cobb Circuit; additional judgeship; coequal jurisdiction. ..................... HB 236

Cobb Circuit; district attorney; investigators, assistant DAs. ................ HB 985

Cobb Circuit; investigators, assistant DAs; compensation. ................... HB 949

Cobb Circuit; joint committee to study establishing pilot program. ........... HR 260

Cobb Circuit; superior court; eighth judgeship. ............................. SB 264

Community Service Pilot Project; establish for probation purposes. .......... HB 435

Conasauga Circuit; additional judgeship; coequal jurisdiction. ............... HB 236

Conasauga Circuit; superior court; fourth judgeship. ........................ SB 221

Coweta Circuit; additional judgeship; coequal jurisdiction. .................. HB 236

District Attorneys; additional assistant DAs; crime victim advocate. ......... HB 178

Douglas Circuit; nonuniform pilot programs; joint committee to study. ....... SR 274

Gwinnett Circuit; pilot projects; joint committee to study. ................... HR 384

Judges of Municipal Courts; eliminate certain residency requirement. ........ HB 301

Judicial Compensation; state commission establish; amend Constitution. ...... SR 97

Juvenile Courts; venue; hearings in connection with proceedings. ............ HB 176

Lookout Mountain Circuit; court reporters; salary compensation. ............ HB 821

Macon Circuit; additional judgeship; coequal jurisdiction. ................... HB 236

Northern Circuit; additional judgeship; coequal jurisdiction. ................. HB 236

Ogeechee Circuit; additional judgeship; coequal jurisdiction. ................. HB 236

Piedmont Circuit; additional judgeship; coequal jurisdiction. ...........

HB 236

Stone Mountain Circuit; superior court; judges; salary supplement. ...... HB 823

Superior Courts; employing assistant DAs; number in each circuit. .......... HB 231

Toombs Circuit; superior court; judges; county salary supplement. ........... SB 462

Western Circuit; additional judgeship; coequal jurisdiction. ................. HB 236

Western Circuit; superior court; third judgeship. ........................... SB 306

JUDICIARY COMMITTEE, SENATE; Senator Pollard act as Chair ........ Page 928

JUNIOR LEAGUES OF GEORGIA, STATE PUBLIC AFFAIRS COMMITTEE; commend. ............................................... SR 223

JUNKYARDS; Salvage Yards; location restrictions; screening compliance. ............................................................. SB 302

JURIES (Also See Courts)

Capital Felony Trials; death penalty cases; sentencing procedures. ......

SB 329

Capital Felony Trials in Which Death Penalty is Sought; juries

unable to agree on sentence to be imposed. .............................. SB 313

Contempt of Court; criminal trials; unlawful selling of information. .......... SB 172

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2446

JOURNAL OF THE SENATE

Jurors; jury lists; selection; oaths; contempt of court; challenge for cause; facilities for empaneling; jury commissioners. ................... HB 704
Jury Tampering; selling of information; illegal contracts; penalty. ............ SB 191 Powers; trials where government is opposing party; mistrial grounds. ........ SB 311
JUVENILE PROCEEDINGS (Also See Courts or Minors or Children & Youth Services) Allowing a Minor to Witness Acts of Family Violence or Violent Felonies; criminal penalties. ............................................ SB 159 Child Custody; parental visitation in family violence cases; detention of child absent from parental custody. ......................... HB 498 Court Ordered Counseling for Children and Parents; noncompliance. ...... SB 77 Delinquency or Unruliness; disposition hearings; circuit county. ............. HB 176 Delinquent Acts Involving a Designated Felony; records, files, hearings; public access and notification. ................................. SB 156 Delinquent Children; malicious property damage; parent liability. ........... SB 255 Delinquent or Unruly Acts; placement in detention center; health, hygiene or rehabilitation directives. ..................................... HB 222 Delinquent, Unruly Children; disposition of a nonresident child. ............. SB 410 Felony Cases or Delinquent Acts; hearings; notices; computer records. ........ SB 30 Georgia Child Abuse Study Committee; creation. ........................... SR 164 Juvenile Court Judges; annual training requirements. ...................... SB 229 Juvenile Court Judges; judicial training seminar; certification. .............. SB 292 Juvenile Courts; judge pro tempore; appointees from state court. ............ SB 141 Juveniles Convicted as an Adult; housing in youth confinement unit. ........ SB 229 Parental Rights; termination proceedings; expedient hearings. ............... HB 495 Persons Contributing to Delinquency of a Minor; offenses resulting in serious injury or death; penalties. .................................... SB 396

K

KAUNE, NICHOLAS MARK, EAGLE SCOUT AWARD; commend.

SR 190

KEENEY, MELISSA PAIGE, COBB COUNTY JUNE MISS; commend

SR 324

KENNESAW, CITY OF; corporate limits; previously annexed land. ........... HB 986

KEY, ALONZO; claims against the State; compensate. ........................ HR 80

KINES, REVEREND GRADY; recognizing. ................................. SR 72

KING, LAVASKY TOMMY; expressing regret at his passing.

SR 286

KING, MARTIN LUTHER, JR., DRIVE; designate State Hwy 333; Brooks County. ......................................................... HR 160

KINGSMORE, HAROLD D. AND THE GRANITEVTLLE COMPANY; commend ............................................................... SR 283

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INDEX

2447

KINGSTON, CITY OF Property Conveyance; sell railroad right of way; adjoined home sites. ........ SR 269 Property Conveyance; W&A Railroad right of way; adjoined home sites. ........................................................... HR 419
KRAHN, ANDREA CLAUDETTE; 1994 Miss Georgia; commend. ............ SR 212

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation) Boiler and Pressure Vessel Safety Act; exempt certain autoclaves. ........... HB 321 Commissioner; limitation of terms of office; amend Constitution. .............. SR 2 Commissioner; limitation of terms of office; amend Constitution. .............. SR 30 Commissioner; limitation of terms of office; amend Constitution. .............. SR 39 Commissioner; limitation of terms of office; amend Constitution. .......... SR 161 Department; powers; regulate, inspect amusement and carnival rides. ....... HB 271 Education; student warranty program; basic skills; free retraining. ...... HB 128 Employer Retraining Programs and Child Care; jobs tax credit. ............. HB 336 Employers; immunity; disclosure of employee job performance. .............. HB 297 Employers Who Hire AFDC Recipients; jobs tax credit. ..................... HB 570 Employers Who Hire or Train Certain Minors; income tax exemption. ......... SB 76 Employment; probationary period; terminating permanent employees. ....... SB 333 Equal Employment for Persons With Disabilities Code; change terms......... HB 601 Equal Employment; persons with disabilities; change terms. ................ HB 653 Private Industry; reemployment rights; absence due military service. ........ SB 299 Public Employees Labor Relations; collective bargaining procedures. ......... SB 275 Unemployment Benefits; information sharing; child support registry. ......... HB 72 Unemployment Compensation; eligibility; temporary employees who voluntarily leave employment. ..................................... HB 240 Unemployment Compensation; employer contributions; rates; credits; benefits eligibility, reemployment services; disaster payments. ............. HB 260 Unemployment Compensation Tax; employers of domestic employees. ......... SB 29 Unemployment Trust Fund; withdrawals; authorized allocations. ............ HB 164 Workers' Compensation Assigned Risk Insurance Plan; rate standards. ...... SB 326 Workers' Compensation; benefits; false statements to obtain; penalty. ....... SB 301 Workers' Compensation; benefits; fraudulent claims, advertisements; corporate exemptions; subrogation liens; compensable cases. .............. SB 323 Workers' Compensation; benefits; fraudulent claims; false advertisements; corporate exemptions; subrogation liens; redirect trust funds. ............. HB 596 Workers' Compensation; coverage of certain Olympic Games volunteers. ....... SB 17 Workers' Compensation; eligible persons; Olympic voluntary service. ......... HB 106 Workers' Compensation; group self-insurance funds; revise provisions. ....... SB 286 Workers' Compensation; medical services providers; billing errors. ........ SB 441 Workers' Compensation; Self-insurers Guaranty Trust Fund; assessments; audits; hospital authorities as self-insurers. ............................. HB 579 Workers' Compensation; Subsequent Injury Trust Fund payments. .......... SB 323 Workers' Compensation; Subsequent Injury Trust Fund Study Committee. . . . SR 247 Workers' Compensation; temporary help contracting firms or employee leasing companies. .................................................... SB 331
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2448

JOURNAL OF THE SENATE

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; Membership; master plan of projects; legislative review; audits. .......................... HB 120
LAKE OCONEE PARKWAY; designate; State Highway 44. ................... HR 79
LAKES Tidewaters and Navigable Waters; permits for structures; time period. ... SB 442 West Point Lake; designate Wade R. Milam, Jr., Bridge. .................... HR 304 West Point Lake; Maple Creek site; sublease for private development. ....... SB 425 West Point Lake; sublease 1,200 acres for recreational development. ......... HR 358
LAMAR COUNTY Probate Court; judge; jurisdiction; misdemeanor cases....................... HB 639 Probate Court; judge; nonpartisan nomination, election. .................... HB 527
LAND BANK AUTHORITIES; acquiring delinquent property at tax sales; bids. ........................................................... SB 89
LAND SALES ACT; comprehensive revision; subdivided land transactions. ............................................................ HB 621
LAND USE PLANS Actions for Breach of a Restrictive Covenant; statute of limitations. .......... HB 299 Areas Zoned for Farm and Forest Activities; notice to purchasers. ........... HB 194 Zoning Actions; multijurisdictional proposal review procedures. .............. SB 270
LANDFILLS (Also See Waste Management) Permits to Handle Solid Waste and Special Solid Waste; requirements. ...... HB 148 Site Suitability, Expansion; restrict concentrating certain areas. ..........:... SB 32 Solid Waste Reduction Study Committee; creation. ......................... SR 265
LANDLORD AND TENANT Landlords; residential rentals, leases; notice of previous flooding. ............ HB 167 Rented Property; evictions; committee to study tenant property loss. .......... SR 53 Retail Centers; leases; mobile retail pushcarts or temporary kiosks. .......... HB 824
LANGFORD, ARTHUR, JR. Designate Arthur Langford, Jr., Memorial Parkway; Atlanta. ................ SR 44 Former State Senator; condolences to family. ............................... SR 45
LANIER, DR. BOB G.; Rheumatologist; commend .......................... SR 292
LAURENS COUNTY Board of education; election districts; redraw lines. ......................... SB 463 Property Conveyance; easement to Little Ocmulgee EMC Corporation. ....... SR 118
LAW ENFORCEMENT OFFICERS AND AGENCIES Administration of DUI Chemical Tests; implied consent notice. .............. HB 610 Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183 Arrest Under Warrants; commitment hearing; notice to accused. ............ HB 119 Child Abuse, Georgia Study Committee on; creation. ....................... SR 164 Crime Information Center; computer database; firearm serial numbers. ...... SB 122 Crime Information Center; computer records; stolen vehicle reports. ......... HB 185 Crime Information Center; dissemination of records; public access. .......... HB 314 Crime Information Center; records check of potential handgun buyers. ....... HB 513 Criminal Investigations; documentary evidence; subpoena powers. ........... HB 338 Disposition of Property in Custody; selling items in lots. .................... HB 480 Duties; abandoned or stolen vehicle reports; ownership inquiries. ............ HB 185 Duties; custodial authority; compliance, crime victim notification. ............ HB 170 Duties; inform victims of family violence of available resources. ............. SB 209
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2449

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued)

Duties; information to victims of rape or aggravated sodomy. ................ SB 210

Duties; investigate use of fraudulent credentials by educators. .............. SB 296

Evidence; admissibility of videotapes; vehicle or traffic violations. ............ SB 444

Family Violence Investigations; incident reports; victim review. ............. SB 115

Family Violence Investigations; victim entitled review reports. .............. SB 397

GBI; assistance to local agencies during flood disaster; commend. ............ SR 250

GBI; duties; electronic background records check for firearm sales. .......... SB 106

GBI; duties; implement state background check law for handgun sales. ....... SB 58

GBI; issuance of certificate for purchasing handguns over limit. ............. SB 109

GBI; powers; duties; sex offender registration program; review board. ......... SB 53

Indemnification; death or disability claims; applications; national

guard members called state law enforcement services. .................... SB 353

Investigations; use of devices to record or decode telephone numbers. ........ HB 341

Investigations; use of electronic trace devices or pen registers. ............... HB 340

Jail Officers, Juvenile Corrections Officers; peace officer training. ............ HB 444

Jails; Regional Jail Authorities Act; enact. ................................. HB 345

Juvenile Holding Facilities for Unruly Child or Curfew Violations. ........... HB 498

Peace Officer and Prosecutor Training Fund; allocations; state

and local officer training. .............................................. SB 155

Peace Officers' Benefit Fund; dual membership; Firemen Pension Fund. ... SB 163

Peace Officers; retirees; carrying pistols in public buildings. ................. SB 454

Police Accelerant Detection Dogs; offense of destroying or injuring. .......... HB 655

Police Report of Stolen Driver's Licenses; free copy of report. ................. SB 37

Probation Officers; private contractors; professional standards. .............. HB 435

Public Safety and GBI Nomenclature; unauthorized use of; penalties. ........ HB 212

Public Safety Communications; urge state-wide 800 MHZ radio system. ...... SR 319

Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294

Revenue Agents, Enforcement Officers; retention of weapon and badge.

SB 394

Sex Offender Conviction Data, Resident Address; registration program. ....... SB 53

Sheriffs; cash bonds; deposits in interest-bearing accounts. .................. HB 198

Sheriffs; county officers employing individual legal counsel. ................. HB 605

Sheriffs; duties; judicial sale advertisements; street address. ................ HB 182

Sheriffs; duties; regulate nonprofit organizations operating raffles. ........... HB 456

Sheriffs; jailing of prisoners in another county. ............................. HB 347

Sheriffs; qualifications to take office; training and education. ................. SB 84

Sheriffs; retirement; benefits; cost of living increases. ....................... HB 266

State Patrol; radio operators, license examiners; retention of badge. ......... SB 287

State Patrol; special part-time auxiliary service; creation. ................... SB 206

State Patrol; troopers; working test period; extend length of period. .......... SB 204

Vehicular Pursuits; fleeing suspects striking or colliding with

another vehicle; penalties; damage issues; causation. ..................... HB 409

LAW LIBRARIES Harris County; magistrate court fees to fund law library. ................... HB 412 Rockdale County; Magistrate Court; fees to fund law library. ................ HB 809

LAWRENCEVHJLE, CITY OF; corporate limits; deannex certain property. . HB 936

LAWRENCEVILLE PUBLIC SCHOOLS CENTENNIAL YEAR; designating. ........................................................................ SR 112

LEARNFARE PROGRAM FOR PUBLIC ASSISTANCE RECIPIENTS Administration of School Attendance Requirements for Teenagers. ............ SB 13 Pilot Program; requirements of enrollment and school attendance. ........... SB 298

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2450

JOURNAL OF THE SENATE

LEDBETTER, JAMES G.; Director, Georgia Health Policy Center; commend. SR 279
LEE COUNTY; Utilities Authority; members; compensation; powers. .......... HB 525
LEESBURG, CITY OF Corporate boundaries; change............................................ HB 1017 Mayor and Councilmembers; salary. ...................................... HB 920
LEGAL ADVERTISING Bond Elections; statement of intentions; use of funds. ...................... HB 417 Civil Actions; judicial sales; include street address of property. .............. HB 182 Judicial Sales; legal advertising rates; computing allowable rates. ........... HB 581 Sales of Property in Custody of Law Enforcement; items sold in lots.......... HB 480
LEGAL DEFENSE OF INDIGENTS; contempt; child support proceedings. . . . . SB 61
LEGAL SERVICES; Cause of Action for False Advertising; treble damages. ......................................................... SB 249
LEGISLATIVE COUNSEL; commend certain employees. .................... SR 370
LESSARD, MOST REVEREND RAYMOND WILLIAM, BISHOP OF Savannah; commend. ................................................... HR 433
LESTER, CINDY D.; commend ............................................. SR 83
LESTER, RAYMOND R.; designate wildlife management area for; Polk County. ........................................................ SR 227
LEWIS, WILLIAM J. (JOSH); Young American Medal for Bravery recipient. ........................................................ SR 52
LEXINGTON, CITY OF; mayor and council members; terms of office. ......... HB 853
LIBERTY COUNTY; land exchange; new State Patrol facility. ............... SR 119
LIBRARIES, LIBRARIANS Public Information; activities of General Assembly; GaNet/PeachNet. ......... HB 53 Public Libraries; computer access to legislative data via PeachNet. .......... SB 337 Rosa M. Tarbutton Memorial Library; designate in Sandersville. ............ HR 161 State Library and State Museum Study Commission; re-create. ............. HR 122
LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales) Commercial Motor Vehicles; operator disqualifications. ..................... SB 288 Commercial Motor Vehicles; operator disqualifications; violations. ............ HB 70 DUI; habitual violators; impoundment of regular plates; marked tags. ........ SB 79 Governmental Vehicles; issuance for five-year period. ....................... HB 601 Issuance; replacements; affidavits; permanent plates for trailers. ............ HB 571 Owner's Registration Period; birth month; 4 and 12-month systems. ......... HB 379 Owner's Registration Period; birthdate; 12-month staggered system. ......... SB 245 Owner's Registration Period; birthdate; 12-month staggered system. ......... SB 280 Special; issuance; retired military reservists. ............................... SB 411 Special; issuance; support for 1996 Paralympic Games; tag fees. ............. SB 263 Special; issuance; wildlife conservation fund. ............................... SB 205 Special; issuance; WWII veterans who served Eighth Air Force. ............. SB 203 Special; motorcycles; plates for handicapped persons; antique plates. ......... SB 438 Special or Distinctive; transfer between owner's vehicles. ................... SB 245 Special; retention by retired military reservists. ............................ SB 346 Vehicles for Hire; limousine carriers; information on plates. .................. SB 16
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INDEX

2451

LIENS
Ad Valorem Tax Delinquent Properties; foreclosure sale; procedures. ......... SB 338 Commercial Real Estate Broker Lien Act; change certain reference. .......... HB 344 Contractors; project sites; written Notice of Commencement of work. .......... SB 50 Credit Casualty Insurance; define types of; licensing of agents. .............. HB 330 Encumbrances Upon Subdivision Lots; rights of purchasers.................. HB 621 Encumbrances Upon Time Share Intervals; nondefaulting purchasers. ....... HB 622 Foreclosing Liens on Abandoned Motor Vehicles; attorney's fees. .............. SB 87 Motor Vehicle Title Pawn Loans; consumer financing; study committee. ...... SR 297 Motor Vehicles or Trailers; rental agreements not creating a lien. ........... HB 466 Property; conveyance to secure debt; perpetual security interest.............. HB 194 Vehicles or Trailers; certain rental agreements not creating a lien. .......... SB 127 Vessels; failure to pay applicable pilotage fees. ............................. HB 489

LIEUTENANT GOVERNOR General Assembly; joint session; Inauguration. .............................. SR 9 Limitation of Terms of Office; amend Constitution. .......................... SR 2 Limitation of Terms of Office; amend Constitution. .......................... SR 30 Limitation of Terms of Office; amend Constitution. .......................... SR 39 Limitation of Terms of Office; amend Constitution. ......................... SR 161 Pierre Howard; birthday congratulations. .................................. SR 135 Pierre Howard; commend. ................................................ SR 211 Pierre Howard; Inauguration Joint Session ................................ Page 25

LIMITED PARTNERSHIPS Business Corporation Code; limited liability companies. .................... HB 670 Limited Liability Partnerships; purpose, duties, liability, mergers. ........... HB 563

LIMOUSINE CARRIER SERVICES Limousine Carrier Certificates; qualifications; chauffeur permits. ............ HB 609
Vehicles for Hire; chauffeur qualifications; permits; license plates. ............ SB 16

LINCOLN COUNTY; superior court judges; salary supplement. .............. SB 462

LITHIA SPRINGS, CITY OF Community Improvement Districts; creation. ............................. HB 1057 Corporate Limits; exclude any portion of City of Austell. .................... SB 412

LITTER

Crime of Littering Public or Private Property or Waters; penalties. .......... HB 174

Criminal Littering; penalties; change amounts of fines imposed. ............. SB 107

Municipal Environmental Courts; provide; litter, dumping controls.

SB 108

LITTLE OCMULGEE ELECTRIC MEMBERSHIP CORP.; easement; Laurens County. ........................................................ SR 118

LIVESTOCK; Ratites; ostriches, emus, rheas; inclusion as farm animals and food products under Georgia laws. ....................... HB 220

LLAMA ACTIVITIES; warning signs; risk of injury; limit civil liability. ........................................................... SB 187

LOANS

Bankruptcy; debt payments; interest on loan secured by collateral. .......... SB 408

Mortgage Lenders; payment of interest on escrow accounts. ................. SB 393

Mortgage Loans; brokers, lenders; prohibited acts. ......................... SB 103

Pawnbrokers; credit terms, interest rates; advertising restrictions.

SB 269

LOCAL EDUCATION FINANCE REVIEW STUDY COMMITTEE; creation. ............................................................... SR 202

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2452

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Ad Valorem; claims based upon appealable grounds; prohibit refunds. ........ HB 441

Ad Valorem; exemption; nonprofit museums; statewide referendum. ......... HB 252

Ad Valorem; homestead option sales tax to replace lost revenue. ............. HB 108

Ad Valorem; property tax credit against income tax liability. ................. HB 38

Ad Valorem; tax executions for property taxes; consent to transfer. ........... SB 88

Ad Valorem; tax liability; apportion between seller and purchaser. ............ SB 86

Ad Valorem; tax liens; delinquent properties; foreclosure procedure. ......... SB 338

Ad Valorem; unpaid taxes due to reasonable cause; waiver of penalty. ....... HB 523

Airport Properties Split by County Lines; return for ad valorem tax. ......... HB 790

Alcoholic Beverages; distilled spirits by the drink; referendums on. .......... HB 680

Alcoholic Beverages; distilled spirits by the drink; repeal

certain counties. ...................................................... HB 517

Amusement, Carnival Rides; remove authority to regulate or inspect. ........ HB 271

Authorities; annual registration with Department Community Affairs. ..... HB 250

Boards of Education; members; nonpartisan election without primary. ....... SB 184

Boards of Education; members; nonpartisan elections without primary. ...... SB 193

Budgets and Auditing Procedures; statutory construction. ................... SB 447

Building Permits, Inspection Fees; exemption; school facilities. .............. SB 317

Business or Occupation Taxes; local levy; classification criterion. ............ SB 314

Capital Felony Trials; expenses; reimbursement to counties. ................ SB 313

Cities Annexing Unincorporated Islands; preclearance procedures. ........... HB 543

Civic Literacy; encourage county communities to implement. ................ SR 299

Code Revision; Title 36; correct errors and omissions. ....................... HB 199

Community Partnership Organizations; charitable and public functions

to coordinate services to children and families. ........................... SB 256

Contracts for Regional Facilities; not abridge powers of sheriffs. ............. SB 126

Contracts, Leases, Certificates of Participation; debt limitations. .............. SR 28

Contracts; multiyear contracting powers; property restriction. ............... SB 428

Contracts With Private Sector Organizations to Promote Tourism. ........... HB 419

Council for Civic Renewal; creation; intergovernmental relations. ............ SB 366

Counties; duties; expenses relative to empaneling of juries. ................. HB 704

Counties; elected officials; require high school diploma or GED .............. SB 181

Counties; expenditure of funds; prohibited employee cash benefits. ........... SB 226

Counties; expenditures; benefits for executive or judicial officers. ............ HB 217

Counties; expenses incurred capital felony trials; reimbursement. ............ SB 313

Counties; joint development authorities; requirements; tax credits. ........... HB 336

Counties, Municipalities; contracts for regional facilities. .................... SB 126

Counties of 200,000 or More; poll officers; chief manager; per diem. .......... HB 636

Counties of 500,000 or More; contracts; procurement methods. ...

SB 241

Counties Over 400,000; probate courts; additional courthouse sites. .......... HB 493

Counties Over 400,000; satellite courthouses; marriage license. .............. HB 492

County Facilities; display of POW-MIA flag on November 11. ................. SB 25

County Governing Authorities; members; benefits and salaries.

.... HB 356

County Jails; regional facilities; agreements; operation; financing. ........... HB 345

County Juvenile Detention Employees; transferees; retirement. .............. SB 435

County Officers; employing individual legal counsel; circumstances. .......... HB 605

County or Municipal Jails; jail officers; peace officer training. ............... HB 444

County or Municipal Jails; medical treatment of inmates; repayment. ........ HB 757

County Probation System Employees; define as peace officers. ............... HB 455

Debt or Credit Obligations; local authorities; registration required.

HB 250

Development Authorities; directors; eligible appointees; audits. .............. SB 132

Development Authorities; disposal of property no longer used. ............... HB 363

Economic Prosperity; Georgia Future Communities Commission to study. . HR 324

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INDEX

2453

LOCAL GOVERNMENT (Continued)

Elected Officers; term limitations; amend Constitution. ...................... SR 3

Elections; amend provisions; primaries; qualifying; voting; returns. .......... SB 193

Elections; county, municipal officers; term limitations. ...................... SB 340

Elections; county offices; change qualifying dates, deadlines. ................ SB 148

Elections for Bonded Indebtedness; legal advertisement; use of funds. ........ HB 417

Elections; special primaries, referendums; registration deadline. ............. HB 423

Enterprise Zones; creation; separate tax treatment; amend Constitution. ...... SR 63

Enterprise Zones; creation; unemployment areas; tax exemptions,

credits, reductions. ..................................................... SR 64

Expenditures; legislation imposing certain costs; prohibitions. ............... SR 176

Expenditures; legislation imposing unfunded mandates; restrictions. .......... SB 38

Expenditures Mandated by Legislation; filing of impact fiscal notes. ......... SB 134

Expenditures; state laws imposing fiscal impact without funding. ............ SB 216

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Fire Departments; prospective employees; criminal records check. ........... HB 116

Firearms Regulations; restrict authority as to sale or transfers. ............. SB 106

Firearms Regulations; restrict authority; state background check law.......... SB 58

Firefighters, Fire Departments; standards, training; certification. ............ SB 199

Governmental Vehicles; license plates issued for five-year period. ............ HB 601

Grants; purposes; efficiency assessments, planning, consolidation. ........... HB 553

Hotel-Motel Excise Tax; additional authorization; certain conditions. ......... HB 419

Industrial Area Located on an Island; allow remove certain property;

amend Constitution. ................................................... SR 228

Investment of Funds in Bank Certificates of Deposits. ...................... SB 242

Jails; inmates; actions seeking reimbursement for certain costs. ............. SB 222

Law Enforcement Agencies; complaints against officers; procedures. .......... SB 15

Litter Control; criminal littering; fines specified by state law. ............... SB 107

Local Government and State Partnership Act of 1995; enacted. .............. SB 134

Local Government Fiscal Impact Act. ..................................... SB 216

Local Government Impact Fiscal Notes Act. ................................ SB 38

Magistrates; minimum salary fixed according to county population. .......... HB 468

Mental Health Community Service Boards; funding allocations. ............. SB 339

Motor Vehicles; owner registration; 12-month staggered period. ............. SB 245

Municipal Courts; judges; eliminate certain residency requirement. .......... HB 301

Municipal Elections; candidate qualifying; fees; dates; hours. ................ HB 351

Municipal Employees Benefit System; limit employee contributions........... HB 640

Municipal Environmental Courts; provide for; jurisdiction. .................. SB 108

Municipalities; alcoholic beverage licensees; residency requirement. .......... SB 422

Municipalities; laws, ordinances; service and enforcement of orders. ......... SB 134

Municipalities; waste disposal; restrict siting within certain areas. ............ SB 32

Occupation Taxes or Regulatory Fees; authority; extensive revisions. ......... HB 175

POW Flag; urge display by cities and counties. ............................. SR 37

Property No Longer Needed for Public Roads; procedure for selling.

SB 161

Property; temporary insurance coverage for local entities. ................... SB 289

Public Employees; personnel file; termination records disclosure. ............ HB 214

Public Employment; prohibit discrimination or preferential treatment.

SB 82

Public Roads; junkyards, salvage yards; location; screening; removal. ........ SB 302

Revenue Bond Law; undertakings; inclusion of jail facilities. ................ HB 349

Revenue Bonds; maturity date; limitation of term of project financed. ........ SB 297

Sales Tax; special purpose county; school capital outlay projects. ............. SR 20

Solid Waste; intergovernmental coordination; landfills; recycling.

HB 148

Special County 1% Sales Tax Levy by a Consolidated Government. .......... HB 161

Special County 1% Sales Tax; projects; regional jail facilities.

HB 346

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2454

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Special Purpose County Sales Tax; proceeds sharing; education. ............. SR 180

Speed Limit Restrictions; provide for signage; minimum penalty. ............. SB 48

Speed Limits; approval by DOT Traffic Operations; detection devices. ........ SB 320

State Agencies Proposing to Relocate Operations; economic impact. .......... SB 150

State and Local Government Partnership Act of 1995; enact. ................ SB 134

Taxation; temporarily suspend for certain Olympic related items. ............ HB 398

Taxes; local income tax; corporations; computing net income; formula. ........ HB 50

Volunteer Fire Departments; nonprofit corporations; funding grants. .... SB 416

Waste-water; sludge residue; disposal sites located other counties. ........... SB 267

Workers' Compensation Group Self-insurance Funds; revise provisions. ...... SB 286

Zoning Actions Impacting Neighboring Counties; review procedures. ......... SB 270

Zoning Procedures; defeated rezoning actions; reconsideration. ...

SB 215

LOCAL GOVERNMENT AUTHORITIES REGISTRATION ACT; enact.

HB 250

LONG, GLEN O. OF LAGRANGE; commend ..................... SR 241

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT; Court Reporters; salary compensation. .......................................................... HB 821

LOTTERY FOR EDUCATION ACT Lottery Retailers; uncollectable ticket sales; securities to secure. ............. SB 400 Proceeds; disposition; grants to local school systems. ....................... SB 445 Proceeds; grants, scholarships for persons with disabilities. ................. SB 158 Proceeds; scholarships; public assistance recipients; qualifying. .............. SB 432 Proceeds; use for training teachers classroom computer applications. .......... SB 46 Reserve Trust Fund for Capital Construction Projects; create. ............... HB 129

LOVE, BRAD; National 4-H Conference Delegate; commend .................. SR 148

LOVEJOY HIGH SCHOOL; 1993 Georgia School of Excellence; commend

SR 109

LOVEJOY MIDDLE SCHOOL; 1994 School of Excellence; commend ......... SR 108

LOWE, RONALD; commend ..................................... SR 359

LOWNDES COUNTY; State Court; full-time solicitors; private law practice. ............................................................ HB 637

LUMPKIN, CITY OF; Corporate Limits; change. ............................ HB 738

LUMPKIN COUNTY Ad Valorem; school taxes; homestead exemption; certain age, income. ........ HB 826 Board of Education; election districts; reapportion. ......................... SB 166 Governing Authority; change from single commissioner to board. ............ SB 167

M

MACON, CITY OF Macon-Bibb County Officials and Cherry Blossom Festival; commend ........ SR 187 Macon-Bibb County Transit Authority; composition; revise board. ............ HB 932 Macon Water Commissioners-Pension Plan; retirees; increase benefits. ....... SB 304
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INDEX

2455

MACON COUNTY Board of Education; compensation; expense reimbursement. ................. HB 956 Designate; J.L. Turner Bridge; Georgia Route 90. ........................... SR 12 Mennonite Community Disaster Service; commend. ......................... SR 13

MACON JUDICIAL CIRCUIT; Superior Court; additional judgeship. ......... HB 236

MADISON COUNTY; Superior Court; Northern Circuit; third judgeship. .... HB 236

MAGISTRATE COURTS; magistrates; minimum salary; longevity increases. .. HB 468

MALLOY, FRANCIS X. (FRANK); WMAZ-TV flood reports; commend. ........ SR 310

MALPRACTICE (See Medical Malpractice or Physicians)

MANDATES UPON STATE AND LOCAL GOVERNMENTS Federal; claiming sovereignty of State under Tenth Amendment. ............ SR 308 Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1 Federal; National Voter Registration Act; urge funding or repeal Act. ........ SR 130 Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405 Federal; unfunded mandates; explanation from Congressional Delegation. . . . . . SR 71 Local Government Fiscal Impact Act; compliance time period; hardship. ...... SB 216 Local Government Impact Fiscal Notes Act. ................................ SB 38 State and Local Government Partnership Act of 1995; enact. ................ SB 134 State-Federal Checks and Balances; call for a Conference of States. .......... HR 280 State Program Costs Upon Local Government; restrictions. ................. SR 176

MANN, GARY E. OF MACON; commend .................................. SR 197

MANUFACTURERS Correctional Industries; inmate labor; public and private assignment. ........ SB 431 Nuclear Power Plants Generating Electricity; employee disputes. ............ SB 427 Pharmaceutical Drugs; pricing; restrict government purchases. .............. SB 300 Product Packaging; require biodegradable or recyclable containers. .......... SB 335

MAPS, PLATS; Georgia Coordinate System; Jekyll Island State Park; Georgia Geological Survey and mapping. ............................ SB 178

MARIETTA, CITY OF

Chattahoochee Technical Institute; urge name Jack Vaughan Building. .... SR 111

Cobb County-Marietta Water Authority; members; appointment; terms.

SB 328

Corporate Limits; deannex area; Marble Mill Road. ........................ SB 450

MARITIME TRADE CENTER AUTHORITY; creation; office in Chatham County. ............................................................... HB 914

MARLOW, BRANDON; National 4-H Conference Delegate; commend ......... SR 147

MARRIAGE

Licenses; issuance at satellite courthouses; certain counties. ................ HB 492

Marital Relationship Not Defense to Charge of Rape or Sodomy.............. SB 210

Prenuptial Counseling of Marriage Partners; encourage and promote.

SR 55

MARRIAGE AND FAJVDLY THERAPISTS (Also See Domestic Relations
or Professions) Licensees; alleged incapacitating mental or physical condition. .............. HB 273 Licensure; change training requirements................................... SB 188

MARTA Board of Directors; chairman, members; per diem allowance. ................ SB 310 Board of Directors; members representing the State; designee. .............. SB 370 MARTA Overview Committee; update Senate committee designations. ........ SR 40

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2456

JOURNAL OF THE SENATE

MARTA (Continued) MARTA Stations; residential, commercial zoning; minimum acreage. ......... SB 254 Property Exchange; World Congress Center, International Plaza project. ...... HR 49 Rapid Transit Systems; include within definition of public roads. ............. SB 3 State Employees; purchase of transit passes; payroll deductions. ............. HB 473 Vehicles; accidents, collisions; injured riders; medical insurance. ............. SB 436

MARTIN, RACHAEL; National 4-H Scholarship; commend .................. SR 146

MARTIN, RIAGO JOSEPH; expressing regrets at his passing. ............... SR 231

MASSAGE THERAPISTS; create state board to regulate; licensure. .......... SB 452

MASSEE LANE GARDENS, AMERICAN CAMELLIA SOCIETY; commend. SR 59

MASSEY, J. HENRY; poultry scientist; designation, Henry Massey Pavilion. ........................................................ SR 267

MASSEY, LEWIS; commend .............................................. SR 378

MAY, KATHRYN; National Conservation Teacher of Year; commend. .......... SR 21

MCCOY, JOSEPH CLIFTON; expressing regrets at his passing. ............. SR 126

MCDONALD, LLOYD; Athletic Director of the Year; commend ............... SR 372

MCDONALD, SUNNY NTVENS; commend ............................. SR 328

MCDUFFIE COUNTY; Superior Court; judges; salary supplement. ........... SB 462

MCINTOSH COUNTY; property conveyance; easements to Georgia Power Company. ........................................................ SR 118

MCKINNEY, JOHN R.; designate Medal of Honor Highway; Screven County. . HR 501

MCKINNEY, REVEREND ARNOLD; commend. .................. SR 154

MCLANE, JANE B.; easement; Bowens Mill Pond; Brooks County. ........... HR 174

MEDICAID (Also See Public Assistance) Contracts With Hospital Authorities Operating Managed Health Care Plans or Networks; participating providers. ......................... HB 765 Fraud Investigations; documentary evidence; administrative subpoena........ HB 338 Recipient Benefits; estimated costs; survey; statistical summary. ............ SB 381 Recipients; nursing home admission discrimination; committee to study. ...... SR 68

MEDICAL EXAMINERS, CORONERS, AUTOPSIES (Also See Public Officers) Coroners, Deputy Coroners; pronouncement of death; conditions. ............ HB 508 Death Investigations; subpoenas; AIDS Confidential Information. ............ HB 268

MEDICAL PRACTICE (Also See Physicians or Professions and

Businesses)

Anesthesiology and Oncology; patient care; committee to study. .............. SR 69

Child Abuse Victims; medical treatment; committee to study issues.

SR 164

Chiropractors; qualifications; violations; temporary licenses. ................. SB 367

Chiropractors; scope of practice; order magnetic resonance studies. .......... SB 409

Civil Cases Involving Injury or Disease; evidence; medical reports. ........... SB 421

Dental Hygienists; direct supervision requirement; change provisions. ........ SB 389

Emergency Medical Services; trauma victims; pre-hospital care. .............. SB 70

Genetic Testing; information derived; disclosure violations. .................. SB 233

Genetic Testing; protect person's identity; therapeutic purpose only. ......... HB 616

Health Care; alzheimer's patient facilities; osteoporosis education. ........... HB 558

Health Care for Rural and Underserved Georgians Day; recognize. ........... SR 84

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INDEX

2457

MEDICAL PRACTICE (Continued)

Health Care Policy Contrary to Beliefs of Person Receiving Services. ......... SB 417

Health Care Providers; osteoporosis prevention; public education. ............ HB 433

Health Care Providers; peer review activities; confidentiality. ................ SB 95

Health Care Providers; peer review activities; disclosure. .................... SB 93

Health Care Provider's Rights; accident and sickness insurance plans.

SB 237

Health Care Services; certificate of need (CON); committee to study. ......... SR 240

Health Practitioners; services through networks or plans; standards.......... SB 195

Individual Medical Care Savings Accounts and Trusts; establishment. ....... SB 373

Long-term Care Patients; records access; authority of ombudsman. .......... HB 557

Medical or Dental Implements; vessels used to sterilize; exemption. .......... HB 321

Medical School Loans; facilities where services rendered repay loans. ........ SB 262

Nitrous Oxide; use other than medical treatment prohibited. ................ HB 342

Nurses; practical; licensure; applicants trained in another state. ............. HB 395

Optometrists, Ophthalmologists; contact lens prescriptions. ................. SB 125

Optometrists; pharmaceutical agents; nonnarcotic oral analgesics.

SB 271

Orders to Withhold Cardiopulmonary Resuscitation; effectuating. ............. SB 55

Osteoporosis Prevention and Treatment Education Act; enact. ............... HB 558

Participating Providers; hospital authorities operating managed

health care plans or networks; Medicaid services. ........................ HB 765

Prescribed Drugs; generic substitution; therapeutic equivalence. ............. SB 309

Privileged Communications; patient and mental health care providers.

SB 223

Rural Counties; physicians in selected specialties; income tax credit. ......... HB 524

Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320

Trauma Patient Care; state-wide response system design and resources.

SR 139

Tubercular Patients; diagnosis of contagious tuberculosis; treatment. ........ HB 454

Workers' Compensation Medical Services Providers; billing errors. ........... SB 441

MENNONITE COMMUNITY; Macon County; commend .................... Page 135

MENTAL HEALTH Code Revision; Title 37; correct errors and omissions. ....................... HB 199
Community Service Boards; regional board funding; bids for services. ........ SB 339 Community Service Boards; retirement membership of employees. ............ SB 4 Developmentally Disabled Family Support Program; implementation of. ...... HB 262 Guardians for Incapacitated Adults; criteria; remove advanced age. .......... SB 105 Guardians for Wards, Incompetent Persons; persons serving as counsel. ...... SB 147
Guardianships; appointment procedures; committee to study statutes. ........ SR 77 Involuntary Patient Care; determination; access to court records. ............. SB 93 Issues of Mental Competency to Stand Trial for Alleged Felony Crimes. ...... SB 160 Issues of Mental Competency to Stand Trial; pleas in felony cases. .......... HB 627 Plea of Mental Incompetency to Stand Trial; commitment of defendant. ....... SB 94 Records; disclosure; involuntary hospitalization; firearm purchasers. ......... SB 106

MERCER, JOHN HERNDON; musical lyricist; declaring Johnny Mercer Day. ...................................................... SR 174

MERIT SYSTEM Employees; applicants; Workplace Drug Testing Program requirements. ....... SB 22 Employees; cost-of-living increases applicable to magistrates. ................ HB 468 Employees; Education Department; authority of state superintendent. ........ SB 20 Employees; Education Department; authority of state superintendent. ........ SB 26 Employees; grievances; unfair treatment claims; filing procedures. ........... SB 356 Employees; include state schools operated for the deaf and blind. ............ HB 406 Employees; payroll deductions; transit passes; professional dues. ............ HB 473 Employees; political activity; grievances, uniform filing procedures. .......... SB 133

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2458

JOURNAL OF THE SENATE

MERIT SYSTEM (Continued) Employees; probation working test period; extend length. ................... SB 204 Employees; termination records; abusive acts toward public. ................ HB 214 Employees; wage incentives; ineligibility; abusive public behavior. ........... SB 213

MERIWETHER COUNTY; Superior Court; Coweta Circuit; fifth judgeship. HB 236

METROPOLITAN AREA PLANNING (See Development Authorities or Authorities)

MILAM, WADE R., JR. Designate bridge over West Point Lake; Troup County. ..................... HR 304 Designate; Wade R. Milam, Jr. Bridge, Hwy 109 over West Point Lake. ...... SR 132

MILITARY AFFAIRS (Also See Veterans.)

Code Revision; Title 38; correct errors and omissions. ....................... HB 199

Designate; Purple Heart Highway; portion 1-20 within Rockdale County. . . SR 123

Emergency Management; local government powers to regulate businesses. HB 283

Emergency Management, Southern Regional Compact; enact. ............... SB 387

Emergency Management; state agencies; emergency purchasing powers. ...... HB 288

Federal Military Bombing Range; restrict solid waste landfills. ............... SB 32

Fort Stewart, 24th Infantry Division; urge not change designation. .......... SR 266

Georgia Emergency Management Agency; flood crisis response; commend. . . . . SR 306

Guardians; appointment; beneficiaries of service connected payments. ........ SB 347

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; retention by retired military reservists. .............. SB 346

License Plates; special; WWII veterans who served Eighth Air Force. ........ SB 203

National Guard Day 1995; recognizing. .................................... SR 173

National Guard; law enforcement duties; death or disability benefits. ...

SB 353

National Guard; members; called active service; reemployment rights. ....... SB 354

National Guard; property which was to be transferred; confirm

ownership by City of Cartersville. ........................................ SR 19

POW Flag; urge display by cities and counties. ............................. SR 37

POW-MIA Flag Honoring Prisoners of War, Missing in Action; display. ....... SB 25

Private Industry; reemployment rights; absence due military service. .... SB 299

Surviving Children of Veterans or National Guard; educational grants. ...... SB 247

Veterans Awarded Purple Heart; handicapped parking privileges. ............ SB 92

Veterans Day; urge designation as a public school holiday. .................. SR 232

Veterans of WWII; commemorative display; James H. "Sloppy" Floyd

Veterans Memorial Building. ............................................ HR 55

Veterans Parkway; designate certain portion Interstate 85 North. ............ SR 85

MILLEDGEVTLLE, CITY OF Certain State Land Under Custody of DHR; sell by competitive bid. .... HR 334 Designate; William E. "Bill" Ireland Youth Development Campus. ............ SR 12 State Hospital for Inmates; relocating proposed medical facility. ............. SR 261

MILLER, BARBARA; Pine Ridge Elementary Principal; introduced ......... Page 1177

MILLER, GOVERNOR ZELL Inauguration Joint Session ............................................... Page 25
State of State address ................................................... Page 62

MILLER, MARY ELIZABETH Property Conveyance; W&A Railroad right of way. ......................... HR 419
Property Conveyance; W&A Railroad right of way adjoining residence. ....... SR 269

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INDEX

2459

MILTON; Old Milton County Bridge and Old Milton Parkway; designate. ...... HR 195

MINORITIES Community Business Development Task Force; creation. .................... SR 253 Georgia Institute for Community Business Development; creation. ........... SB 404 Minority Business Participation in State Contracts; bid opportunity. .......... SB 73 Public Employment, Education or Contracts; prohibit discrimination. ......... SB 82

MINORS

Adoption Decrees; time period for judicial challenges. ....................... SB 307

Adoption; parent or guardian prohibited sell child for money. ............... SB 130

AFDC Child Recipients; LEARNFARE pilot program; school attendance. . .. , . SB 298

AFDC Grants; children receiving; school attendance requirements. ...... SB 119

AFDC Recipients; persons under age 18; require live parent's home. ......... SB 380

AFDC Teenage Recipients; eligibility; school attendance requirements. ........ SB 13

At-risk Youth; after-school academic programs; grant funds. ................. SB 31

At-risk Youth; school dropouts; after-school academic program grants.

SB 64

Child Abuse; admissible testimony; statements of child to another. .......... SB 124

Child Abuse; confirmed, unconfirmed reports; registering abusers. ........... HB 155

Child Abuse, Georgia Study Committee; creation. .......................... SR 164

Child Abuse Treatment Centers; funding; criminal, traffic fines. ............. SR 162

Child Custody; considerations in determining best interest of child. .......... SB 348

Child Custody; crime of interference with visitation. ........................ SB 219

Child Custody; encouraging visitation by noncustodial parent. ............... SB 246

Child Custody; parental rights; expedient termination hearings. ............. HB 495

Child Custody; parental visitation; family violence cases; taking

unruly child into custody; holding for curfew violations. ................... HB 498

Child Custody; parental visitation; findings of family violence. ............... SB 120

Child Support; computation; gross income and special circumstances. ........ SB 290

Child Support; orders to maintain life insurance to benefit child. ............ SB 423

Child Support Recovery; delinquent professional business licensees. .......... SB 227

Compulsory School Attendance; earlier enrollment at age six. ............... SB 190

Cruelty to Children, Certain Sex Offenses; acts of family violence. ........... SB 397

Delinquent Acts Involving Designated Felonies; records, files,

hearings; public access, notices; release of name. ......................... SB 156

Delinquent Acts Resulting in Serious Injury to Another; person

committing offense of contributing to; penalties. .......................... SB 396

Delinquent or Unruly Acts; disposition, custody of nonresident child. ......... SB 410

Delinquent or Unruly Acts; placement in detention center; health,

hygiene or rehabilitation directives. ..................................... HB 222

Driver's License; DUI offenses; suspension period; no driving permit. ......... SB 65

Driver's License; exemption during driver training; eyesight testing.

SB 250

Driver's License; expiration and renewal; persons under age 21. .............. SB 34

Driver's License; requirements; school attendance and academics. ............ SB 98

Driving; offense of failure to wear safety belt; vehicle occupants. .............. SB 79

Driving; offense of unlawfully driving at night during certain hours. .......... SB 79

DUI Alcohol; concentration exceeding 0.00 grams; penalties. ................. SB 79

DUI Alcohol; zero-tolerance for drivers under age 21. ....................... SB 118

Employers Who Hire or Train Certain Minors; income tax exemption. ......... SB 76

Firearms Protection for Minors; unsafe storage causing death

or injury; offense of criminal storage. ..................................... SB 72

Georgia Policy Council for Children and Families Act; enact. ................ SB 256

Grandparent Visitation Rights; disputes; guardian ad litem; mediator. ....... SB 365

Guardians; appointment; authority to settle claims of minor child. ........... SB 105

Guardianships; appointment procedures; joint committee to study. ............ SR 77

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2460

JOURNAL OF THE SENATE

MINORS (Continued)

Handicapped; adoption of hard-to-place child; assistance to families. ......... HB 253

Health Care; insurance coverage; basic child wellness services. ............... SB 51

Health Care; insurance coverage for basic child wellness services. ........... SB 129

High School Student Academic Credit for Community Service; urging. ....... SR 204

Juvenile Court Orders for Counseling; noncompliance punishment.

..... SB 77

Juvenile Felony or Delinquent Acts; hearings; notices; records. ............... SB 30

Juvenile Offenders; incarcerated youth; special school district. ............... SB 228

Juvenile Offenders; incarcerated youth; special school district. ............... HB 436

Juvenile Proceedings; confinement of youth convicted as adults;

juvenile court judges training. .......................................... SB 229

Motor Vehicle Insurance; premium reduction; certain honor students. ........ SB 129

Motor Vehicle Insurance; premium reductions for high school students ........ SB 21

Offense of Contributing to Delinquency or Endangerment; committing

acts of family violence or violent felonies in front of a minor. .............. SB 159

Parental Right; direct upbringing and education; amend Constitution.

SR 167

Parenting and Home Economics Education in Schools. Profiled ............... SB 6

Parenting Education; home economics instruction in schools. ................. SB 68

Paternity Petitions; guardians ad litem; discretion of court. ................. HB 339

Persons Under Age 18; restrict playing to win raffle prizes. ................. HB 456

Property Damage; malicious acts; parent liability; increase amount. .......... SB 255

School Health Education, Services; create commission to evaluate. ........... SR 127

Sex Education Courses; parental consent; public hearing; definitions. ........ SB 392

Sexual Abuse; convicted persons ineligible alternative incarceration. ......... SB 285

Sexual Offenses Against Children; Child Protection Act of 1995. ............. HB 377

Sexual Offenses Against Females Under Age 16; rape, child molestation,

enticement for indecent purposes. ........................................ SB 57

Sexual Offenses Against Minors; change age of victim. ...................... SB 140

Sexual Offenses Against Minors; evidence; testimony of physician. ........... HB 290

Student Enrolled Private Schools, Home Study Program; AP exam fees. ...... HB 365

Students Bringing Firearms, Weapons to School; expulsion policies........... SB 281

Students; compulsory school attendance; duty of attendance officers. .......... SB 31

Students Enrolled Private High Schools; advanced placement exam fees. ... SB 83

Students Enrolled Private Schools; payment of AP exam fees. ............... SB 282

Surviving Children of Veterans or National Guard; educational grants. ...... SB 247

Surviving Children of Veterans or National Guard; educational grants. ...... SB 363

Victims of Family Violence; information as to shelters, resources. ....

SB 209

Violence in the Media; critical viewing skills curricula; study of. ............. SR 196

Youthbuild Program for Economically Disadvantaged Youth; establish. ....... SB 315

MISDEMEANOR OFFENSES (Also See Crimes) Misdemeanor Trials in All Courts; jury selection procedures. ................ HB 704 Offense of Disorderly Conduct and Offense of Harassing Phone Calls. ........ SB 420 Offense of Disorderly Conduct and Offense of Harassing Phone Calls. .... HB 76 Probation Conditions; court ordered community service hours. ................ SB 78

MISSISSIPPI STATE LEGISLATURE; commend .......................... SR 368

MITCHELL COUNTY Board of Education; compensation; per diem. .............................. HB 874
Property Conveyance; State Farmers Market Shed; extend lease to Pelham Development Corporation..................................... HR 335

MOBILE HOMES (Also See Buildings and Housing) Ad Valorem Taxes; filing period; time for payment; taxable value. ........... SB 280 Ad Valorem Taxes; time for payment; method to evaluate value. ............. HB 379

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INDEX

2461

MONROE, CITY OF City Council; number of members; election districts; terms. ................. HB 762 Community Antenna Television and Telecommunications Services. .......... HB 761
MONROE COUNTY Board of Commissioners; compensation. .................................. HB 1052 County Landfill; restrictions; private ownership; outside waste. ............. HB 1038 Designate; Benson Ham Road; east side 1-75 frontage road. ................. HR 438 Designate; Harold G. Clarke Parkway on State Route 18. ................... HR 437 Registrar; retention of fees; vital records services. ......................... HB 1053
MONTES, VIRGINIA E. (GINNY); regrets at her passing ................... SR 332
MOORE, RAY; Georgia Broadcast Hall of Fame; commend ................... SR 301
MORGAN COUNTY Board of Commissioners; chairman; compensation .......................... HB 944 Licenses to Sell Distilled Spirits by the Drink; repeal provisions. ............ HB 517
MORROW, CITY OF; ad valorem taxes; homestead exemption; referendum. ............................................................ SB 273
MORTGAGES (Also See Property or Banking) Bankruptcy; debt payments; interest on loans secured by real estate. ........ SB 408 Brokers, Lenders; licensees; unlawful purchase of mortgage loans. ........... SB 103 Property Deeds; recordation; inclusion of tax map and parcel number. ....... SB 136 Real Estate; securing long-term notes; intangible recording tax. ............. SB 224 Recordation on County Land Records; attestation; notice to purchaser. ....... SB 243 Residential Property; payment of interest on escrow accounts; rate. .......... SB 393
MOTOR FUEL AND ROAD TAX Exemption; dyed fuel oils for nonhighway use; distributor licensing. ......... HB 510 Motor Fuel; direct delivery into fuel tank of commercial vehicles. ............. HB 39
MOTOR VEHICLE RACETRACKS Atlanta Motor Speedway; committee to study traffic congestion. ............. SR 334 Siting Within Residential Neighborhood; restrictions; Fulton County. ........ SB 336
MOTOR VEHICLES AND TRAFFIC Abandoned or Stolen Vehicles; report procedures; ownership records; law enforcement access via GCIC network terminals. ..................... HB 185 Abandoned Vehicles; lien foreclosures; judgment for attorney's fees. ........... SB 87 Alcoholic Beverages; possession of open containers in vehicles. ............... SB 60 Atlanta Motor Speedway Traffic Study Committee; create. .................. SR 334 Automotive Repair Facilities Study Committee; creating. ................... SR 273 Bicycles; riding on right side of roadway; avoiding safety hazards. ........... HB 552 Certificate of Title; application; clarify county in which to file. ............... SB 280 Certificate of Title; applications; county in which to file; dealers. ............. HB 379 Commercial Motor Vehicle Operator Disqualifications. ...................... SB 288 Commercial Motor Vehicle Operator Disqualifications; violations. ............. HB 70 Commercial Vehicles; violations; driver records; points accumulation. ........ HB 255 Driver's License; applicant exam, tests written in English language. ......... SB 265 Driver's License; drivers under age 21; zero tolerance of alcohol. ............. SB 118 Driver's License; exemption; student driver training; eyesight test. .......... SB 250 Driver's License; false ID documents; intent to defraud, deceive. ............. SB 198 Driver's License; issuance to minors; school academic requirements. .......... SB 98 Driver's License or Personal Identification Cards; mandatory name or address change; fraudulent use. ................................ HB 254 Driver's License; records; points accumulation; conviction reports. ........... HB 255
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2462

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

Driver's License; renewal; persons under age 21 upon 21st birthdate. ......... SB 34

Driver's License; stolen license; no fees for replacement. ..................... SB 37

Driver's License; suspension; DUI offenders; persons under age 21. ........... SB 79

Driver's License; suspension; DUI offenses by persons under age 18. .......... SB 65

DUI Alcohol or Drug Use Risk Reduction; rules; satellite programs. .......... SB 250

DUI; chemical tests; breath tests; notice to suspected drivers. ............... HB 610

DUI; convicted drivers; issuance of distinctive, marked licenses. ............. SB 211

DUI; drivers under age 21; zero tolerance of alcohol over .02 grams. ......... SB 118

DUI; eliminate accept plea of nolo contendere to charges. ................... SB 121

DUI; evidence of intoxication; test results of 0.08 blood-alcohol. ............... SB 66

DUI; habitual violators; surrender license plates; eliminate

pleas; mandatory sentences. ............................................. SB 79

DUI; nonresident offender; increased fines in lieu community service. ........ SB 443

Equipment; flashing lights; vehicles standing in street or highways. ......... SB 217

Handicapped; change references to "persons with disabilities". ............... HB 601

Handicapped; change references to "persons with disabilities". ............... HB 653

Handicapped Parking Privilege; military veteran awarded Purple Heart. ...... SB 92

Highways; vehicle lengths; loads of wood products exceeding 60 feet. ......... HB 511

Insurance; automobile liability self-insurers; cash deposits. .................. HB 677

Insurance; damages for liability of accidents; coverage required. ............. SB 334

Insurance; liability coverage; cancellation for dishonored check. ............. SB 238

Insurance; liability coverage; failure to pay; dishonored check. ................ SB 51

Insurance; motor vehicle; premium reductions; high school students. .......... SB 21

Insurance; premium reduction; driver's under age 25; self-insurers. .......... SB 129

Insurance; valid cancellations; insurers failure to notify PSD. ............... SB 151

Insurance; vehicle accidents; commercial solicitation of victims. .............. SB 369

Law Enforcement Vehicular Pursuits; damage issues; causation; duty. ... HB 409

License Plates; DUI habitual violators; impoundment of regular

plates; issuance of specially marked plates. ............................... SB 79

License Plates; issuance; governmental vehicles for 5-year period. ........... HB 601

License Plates; issuance; replacements; permanent plate for trailers. ......... HB 571

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; issuance for wildlife conservation fund. .............. SB 205

License Plates; special; issuance for 1996 Paralympic Games. ............... SB 263

License Plates; special; motorcycles; handicapped persons; antiques. ......... SB 438

License Plates; special; retention by retired military reservists. .............. SB 346

License Plates; special; WWII veterans who served Eighth Air Force. .... SB 203

License Plates; staggered registration and payment of taxes;

expiration; birth month of owner; 4 and 12-month systems. ............... HB 379

License Plates; staggered registration; 4 and 12-month period system. ....... SB 280

License Plates; staggered 12-month registration; transfer of plates. .......... SB 245

Liens; adjusted rental transactions not create security interest.

HB 466

Limousines; vehicles for hire; chauffeur qualifications; inspections. ............ SB 14

Motor Common Carriers; PSC certificates; rules, jurisdiction................. HB 609

Motor Fuel Distributors; licensing; dyed fuel oils, nonhighway use.

HB 510

Motor Fuel Transport Tank Trucks or Tandems; fuel deliveries. .............. HB 39

Motor Vehicle Repair Shops; customer rights; written estimate. ............. SB 440

Motorcycle Awareness and You Month in Georgia; recognizing. ............... SR 75

Odometers; tampering; consumer transactions; federal regulations. .......... SB 284

Off-Road Harvesting Equipment; exempt sales tax; legislative intent. ........ SR 362

Off-Road Timber Harvesting Equipment; intent of sales tax exemption. ...... SR 277

Off-Road Timber Harvesting Equipment; sales tax exemption. ............... HB 567

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2463

MOTOR VEHICLES AND TRAFFIC (Continued) Offense of Fleeing Police Vehicle to Escape Arrest; penalty; damage issues, causation. .............................................. HB 409 Operating a Vehicle Wearing Headsets or Headphones; firefighters. ........... SB 48 Pedestrians; right of way to cross roadway within crosswalks; signal. ......... HB 70 Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294 Registration, Licensing; staggered 4 and 12-month period system. ........... SB 280 Registration, Licensing; staggered 4 and 12-month period systems. .......... HB 379 Registration, Licensing; 12-month staggered system; certain counties. ........ SB 245 Seat Safety Belts; occupants of vehicles operated by minors. ................. SB 79 Speed Limits; approval by DOT Traffic Operations. ......................... SB 320 Traffic Fines; funding for Technology Related Assistance Trust Fund. ........ SR 166 Traffic Offenses; additional penalties; allocate for Child Abuse Treatment Programs. .................................................. SR 162 Traffic Offenses; evidence; videotapes made by enforcement officers........... SB 444 Traffic Violations; additional penalty assessments to fund technology related rehabilitation services. .......................................... SB 295 Trucks Hauling Certain Commodities; change maximum weight allowed. . . . . . HB 490 Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; enact. ................................................ HB 335 Vehicle Accidents; commercial solicitation of victims prohibited. ............. SB 369 Vehicle Emission Inspections; centralized testing prohibited. ................ SB 251 Vehicle Title Pawn Loans; consumer protections; committee to study. ........ SR 297 Vehicles; excess maximum length; single-trip emergency permits. ............ HB 717 Vehicles; excess weight, loads; single-trip emergency permits. ............... SB 318 Vehicles for Hire; certificated limousine carriers; requirements. ............... SB 16 Vehicles or Trailers; liens; exclusion; certain rental agreement. .............. SB 127 Vehicles Standing in Street or Highways; flashing light requirements. ....... SB 217

MOTOR VOTER BILLS

National Voter Registration Act; repeal provisions enacted by state.

SB 252

National Voter Registration Act; repeal provisions enacted by state.

SB 355

National Voter Registration Act, 1993; financial burden to state;

urge fund or repeal Act. ............................................... SR 130

MOTORCYCLES

License Plates; special; issuance for handicapped persons; antiques.

SB 438

Motorcycle Awareness and You Month in Georgia; recognizing. ............... SR 75

Motorcycle Awareness and You Month, May 1995; recognizing .............. SR 120

MOULTRIE, CITY OF; conveyance of state-owned property to City. .......... SR 159

MT. ZION BAPTIST CHURCH 150TH ANNIVERSARY; commend

SR 33

MUCHNICK, DANIEL W.; commend. .............................. SR 171

MUNICIPALITIES (Also See Local Government) Ad Valorem Tax Liens; delinquent properties; foreclosure procedures. ........ SB 338 Ad Valorem; taxpayer refund claims; certain requests prohibited. ............ HB 441
Alcoholic Beverages; distilled spirits, sales by the drink; calling a referendum on the question. ................................... HB 680
Alcoholic Beverages; wholesale, retail licensees; residency. .................. SB 422 Authorities; annual registration with Department Community Affairs. ....... HB 250 Budgetary, Fiscal, Auditing Procedures; statutory construction............... SB 447 Business or Occupation Taxes* amount of tax levy; criterion. ................ SB 314 Cities Annexing Unincorporated Island; preclearance procedure. ............. HB 543

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2464

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued)

Contracts for Regional Facilities; restrictions; studies, hearings. ............. SB 126

Contracts; multiyear contracting powers; property restriction. ............... SB 428

Council for Civic Renewal; intergovernmental resources coordination. ........ SB 366

Development Authorities; appointees as directors; financial audits. .......... SB 132

Downtown Development Authorities; levying hotel-motel excise taxes. ........ HB 419

Elected Officers; term limitations; amend Constitution. ...................... SR 3

Elected Officers; term limitations; 12 consecutive years. .................... SB 340

Elections for Bonded Indebtedness; legal advertisement; use of funds. ...... HB 417

Elections; OCGA Title 21; correct errors and omissions. ..................... HB 197

Elections; rooms used as polling places; display of U.S. Flag. ................. SB 33

Elections; special primaries, referendums; registration deadline. ............. HB 423

Environmental Courts; provide; litter and illegal dumping controls. .......... SB 108

Expenditure Mandated by Legislation Requiring Undue Fiscal Burden. ...... SB 216

Expenditure Mandated by New or Revised State Programs; fiscal impact. .... SB 134

Expenditures Mandated by Legislation; General Assembly procedures. ........ SB 38

Hotel-Motel Excise Tax; additional authorization; certain conditions.

.... HB 419

Investment of Funds in Bank Certificates of Deposits. ...................... SB 242

Issues Threatening Economic Prosperity; commission to study. .............. HR 324

Junkyards, Salvage Yards; location; screening; actions against owner. ........ SB 302

Landfill Sites; untreated sewage sludge, solid waste; restrictions. ............. SB 32

Laws, Ordinances; enforcement powers; service of process, summons. ........ SB 134

Local Government Efficiency Grants; use of funds; service delivery. .......... HB 553

Municipal Courts; additional fines for victim assistance programs. ........... SB 114

Municipal Courts; judges; eliminate certain residency requirement. .......... HB 301

Municipal Elections; candidate qualifying; fees; dates; hours. ................ HB 351

Municipal Employees Retirement Plans; limit employee contributions. ....... HB 640

Municipal Probation Systems; collection of delinquent fines. ................. SB 276

Occupation Taxes, Regulatory Fees; revise authority to levy. ................ HB 175

Ordinances; littering violations; fines specified by state law. ................. SB 107

Probation Supervision Services; joint advisory council created;

promulgate rules for private contractors. ................................ HB 435

Public Employees; personnel file; termination records disclosure. ............ HB 214

Public Roads; disposal of property; procedure for selling. .................... SB 161

Sales Tax; special purpose county; proceeds sharing. ........................ SR 20

Speed Limit Restrictions; provide for signage; minimum penalty. ............. SB 48

Volunteer Fire Departments; formation of nonprofit corporations. ............ SB 416

Workers' Compensation Group Self-Insurance Funds; revise provisions. ...... SB 286

Zoning Actions; review procedures; Good Neighbor Zoning Act. .............. SB 270

Zoning Procedures; defeated rezoning actions; reconsideration. .............. SB 215

MURDER (Also See Crimes or Sentence)

Commission of Crimes Using Certain Weapons; enhanced penalties. ......... HB 308

Pretrial Proceedings; issues of mental competency to stand trial. ...

SB 160

Pretrial Proceedings; pleas; issue of mental competency; rehearings. ......... HB 627

MURRAY COUNTY Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221 Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... HB 236

MUSCOGEE COUNTY; Board of Elections; vacancies; executive director. . . . . . HB 642

MUSEUMS Nonprofit, Charitable, Educational; exempt ad valorem property tax. ......... HB 252 State Museum and State Library Study Commission; re-create. .............. HR 122 State Railroad Museum; Central of Georgia Railroad Shops; Savannah. ...... SB 415

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INDEX

2465

MUSIC INDUSTRY INTERIM STUDY COMMITTEE; Citizen's Advisory Council. ................................................................. SR 14

N

NATIONAL GUARD

Confirm Ownership of Certain Property by City of Cartersville. .............. SR 19

Emergency Management, Southern Regional Compact; enact. ............... SB 387

License Plates; special; issuance for retired military reservists. .............. SB 411

License Plates; special; retention by retired military reservists. .............. SB 346

Members Called Active State Service; reemployment rights. ................. SB 354

Members; law enforcement duties; eligible death, disability benefits. ......... SB 353

National Guard Day; recognizing. ......................................... SR 173

Property Conveyance; surplus armory site to City of Reidsville. .............. HR 232

Property Conveyance; surplus property in Stephens County. .......

HR 231

Property Conveyance; surplus property in Stephens County. ................ HR 351

Reemployment Rights in Private Industry; absence due military duty. ....... SB 299

NATURAL DISASTERS (See Disaster Emergencies);

NATURAL GAS; petroleum pipeline companies; eminent domain procedures. .............................................................. SB 24

NATURAL RESOURCES AND CONSERVATION (Also See Game and Fish

or Environmental or Waters)

Administrative Procedure Act; applicability Title 27, Game and Fish. ........ SB 201

Air Pollution; vehicle emissions; centralized testing prohibited. .............. SB 251

Coastal Marshlands; state-owned; leases for marinas or boat docks. .......... HB 389

Code Revision; Title 12; correct errors and omissions. ....................... HB 199

Crabbing; commercial crab fishermen; licensure; use of crab traps.

HB 264

Dams Operated by Federal Agencies; safety inspection exemption. ........... SB 385

Department of Natural Resources; flood disaster assistance; commend. ....... SR 252

Designate; Raymond R. Lester Wildlife Management Area; Polk County. . SR 227

Environmental Laws; noncompliance; business, industry trade secrets.

SB 244

Erosion and Sedimentation Control Review Panel; commend ................ SR 318

Etowah Mounds Archaeological Area; Henry Tumlin Family marker. .......... SR 18

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Fort Yargo State Park; fire tower site; lease to City of Winder. .............. HR 234

Game Fishing; named water, streams; lures; bait; hours; trout season. ....... SB 201

Hazardous Waste; corrective actions; funding; state may incur debt. ......... SR 128

Jekyll Island; master plan; undeveloped land use; authority members. ....... HB 120

Jekyll Island State Park; undeveloped land; development restrictions......... SB 178

Lake Lanier Islands; master plan of projects; legislative review. ............. HB 120

Local Government Authorities Registration Act; enact....................... HB 250

Motor Fuel Delivered Directly Into Vehicle Tank; spillage controls. ........... HB 39

Natural Habitats of Rare Plants or Animals; restrict disclose sites. .......... SB 170

North Georgia Mountains Authority; members; development restrictions. ... HB 120

Petroleum Pipeline Routes; issuance of permits; environmental impact. ....... SB 24

Pine Mountain Trail; designate portion to honor D. Neal Wickham. .......... HR 261

Radiation Controls; create new state Department of Public Health. .......... HB 528

Solid Waste; disposal sites; restrictions within certain areas. ................. SB 32

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2466

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued) Solid Waste; pollution prevention; landfill permits; agency
decisions; judicial review. .............................................. HB 148
State Park Facilities; sublease Maple Creek site, West Point Lake. .......... SB 425 State Parks; conveyance of certain leases; Black Rock Mountain,
Fort Yargo and West Point Lake. ....................................... HR 358
State Parks; hunting or trapping wildlife; permission; weapons. ............. HB 200 State Parks; Possum Poke Roadside Park; convey City of Poulan. ............ HR 388 State Parks; Recreation Authorities Overview Committee created. ........... HB 120
Stone Mountain; master plan; development restriction; Olympic venues. ..... HB 120 Stone Mountain Memorial Association; use of facilities and alcoholic
beverage sales subject to certain taxes. .................................. HB 475
Stone Mountain Memorial Park Natural Areas; development restrictions. . SB 27 Surface and Ground Waters; withdrawal, diversion; permits for use. ......... SB 202 Waste-water; Atlanta R. M. Clayton Plant; alternative to tunnel plan. ....... SR 376 Waste-water Treatment; sludge residue; storage, disposal sites. ............. SB 267 Water Development and Conservation; regional use plans; provide for. ....... SB 202 Water Pollutants; erosion; land disturb activities; management of. ........... HB 350 Water Pollutants; erosion, sediment control; construction activities. .......... SB 375 Water Pollution; dry cleaning solvent wastes; corrective actions. .............. SB 56
Water Quality and Water Supply Alternative Financing Study Committee. .. . SR 191 Water Resources; creating the Boat Safety Study Committee. ................ SR 86 Waters; tidewaters and navigable; permits for structures. ................... SB 442 West Point Lake; Maple Creek site; sublease for private development. ....... SB 425 Wildlife Conservation Fund; sale of special license plates. ................... SB 205
Wildlife; hunting licenses and stamps; requirements; violations. ....... HB 277
Wildlife; hunting small game; shotguns; approved nontoxic shot. ............ HB 274 Wildlife; wild alligators; unlawful to feed or bait; penalty. ................... HB 401

NEWBERN, LAURA LYNN; commend .................................. SR 335

NEWS MEDIA Cellular Radio Telephones; intercepted communications; unlawful use. ....... SB 131 Criminal Trials; crime of tampering with jury to obtain information. ......... SB 191 Criminal Trials; disclosure of information; unlawful compensation. .......... SB 172 Task Force on Violence in the Media; evaluate impact on children. .......... SR 196

NEWTON COUNTY Superior Court; Alcovy Judicial Circuit; judge; compensation. .............. HB 1023
Superior Court; Alcovy Judicial Circuit; judge; salary supplement. ........... SB 466 Superior Court; Alcovy Judicial Circuit; third .judgeship. .................... SB 278
Superior Court; Alcovy Judicial Circuit; third judgeship. .................... HB 236

NITROUS OXIDE; illegal drug trafficking; felony penalty. ............ HB 342

NO-SMOKING REGULATION; corrections facilities; urge outside smoking areas........................................................... SR 304

NOBLES, BILLY RAY, OF TWIGGS COUNTY; commend

SR 206

NOBLES, JAMES CECIL; Sheriff of Long County; commend ................ SR 271

NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations)

Charitable Food Distribution; correctional farms produced products.

SB 431

Exempt Local Occupation Taxes or Regulatory Fees. ....................... HB 175

Historical Fraternal Benefit Association; ad valorem tax exemption. ......... HB 399

Museums; nonprofit, educational purposes; ad valorem tax exemption. ....... HB 252

Nonprofit Corporations Administratively Dissolved; reinstatement. .......... SB 138

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INDEX

2467

NONPROFIT ORGANIZATIONS (Continued)

Parent-Teacher Organizations; sales tax exemption. ........................ HB 684

Raffles; authority to operate; licensing; fees; approval by sheriff. ............. HB 456

Single-passenger Chairlift Located in Buildings; exempt certain rule. ........ SB 377

State Boxing Commission; contracts; certain tax exempt organization.

... SB 35

Volunteer Fire Departments; formation of nonprofit corporations. ............ SB 416

NORTH GEORGIA COLLEGE; ROTC tuition assistance grants; increase amount. ........................................................ HB 287

NORTH GEORGIA MOUNTAINS Authority; members; master plan; development restrictions; audit. ........... HB 120 Sorghum Syrup Making; official state festival at Blairsville. ................. HR 156

NORTHERN JUDICIAL CIRCUIT; superior court; additional judgeship. . . HB 236

NORTHWEST GEORGIA REGIONAL HOSPITAL; care of tubercular patients. ........................................................................ HB 454

NOTARIES PUBLIC; execution of performance bonds; bond amount. ......... SB 403

NUCLEAR POWER PLANT OWNERS; decisions to ban certain employees. SB 427

NUISANCES Municipal Environmental Courts; provide for; jurisdiction. .................. SB 108 Public Health, Safety Violations; injunction cases; enforcement. .............. SB 69

NURSE OF THE DAY; Roger Brown ..................................... Page 110

NURSES Mental Health Clinical Specialists; patient privileged communication. ........ SB 223 Practical Nurses; licensure; applicants trained in another state. ............. HB 395

NURSING AND PERSONAL CARE HOMES

Alzheimer's Patient Care; facilities required disclose treatment. ............. HB 558

Dental Hygienists Working in Nursing Homes; supervision requirement.

SB 389

Emergency Guardians; appointment; consent to emergency care. ............ SB 143

Health, Safety Violations; injunction cases; contempt; appeals. ............... SB 69

Long-term Care; ombudsman for residents; authority and training. .......... HB 557

Medicaid Patients; committee to study discrimination in admissions. .......... SR 68

Nursing Home Administrators; provisional licenses; validity. ................ HB 280

Nursing Homes; employment; state law requires criminal record check.

HB 318

NUTRITION MONTH; Designating March; recognizing dietitians. ............ SR 373

o

OATH OF OFFICE; Senators-Elect ........................................ Page 11 OBSCENITY; disorderly conduct; use of obscene or vulgar language. .......... SB 420 OCCUPATIONAL THERAPISTS; Rehabilitation Counselors; licensure;
exemption; certification. ................................................. SB 368 OCILLA, CITY OF; mayor and council; districts; elections. ................... HB 893 OCONEE COUNTY
Oconee County Clean and Beautiful Commission; commend .................. SR 42 Probate Court; judge; nonpartisan elections. ............................... HB 467
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2468

JOURNAL OF THE SENATE

OCONEE COUNTY (Continued) Superior Court; Western Judicial Circuit; third judgeship. .................. SB 306 Superior Court; Western Judicial Circuit; third judgeship. .................. HB 236

OETTMEIER, WILLIAM M., JR.; 1994 American Foresters Fellow; commend . SR 314

OFF-ROAD VEHICLES Timber Harvesting Equipment; sales tax exemption. ....................... HB 567 Timber Harvesting Equipment; sales tax exemption; legislative intent. ....... SR 277 Timber Harvesting Equipment; sales tax exemption; legislative intent. ....... SR 362

OFFENDER REHABILITATION (See Corrections)

OFFICE OF PLANNING AND BUDGET Duties; administer Georgia Policy Council for Children and Families. ... SB 256 Membership; Georgia Information Technology Policy Council. ............... SB 293 State Auditor; annual personnel reports; expand entities who report. ........ HB 578

OFFICE OF TREASURY AND FISCAL SERVICES; Director; designate as secretary to State Properties Commission. .............................. HB 576

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGEECHEE JUDICIAL CHICUIT; superior court; additional judgeship. . . . . . HB 236

OGLETHORPE COUNTY Probate Court; judge; nonpartisan elections. ............................... HB 789 Superior Court; Northern Judicial Circuit; third judgeship. ................. HB 236

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996 Event Admission Tickets; ticket agents, brokers prohibited to sell. ........... HB 516 Paralympic Games; issuance of special license plates; fees. .................. SB 263 Stone Mountain Memorial Park; venue; return grounds to natural area. ...... HB 120 Stone Mountain Memorial Park; venues; return grounds natural areas. ....... SB 27 Suspend State, Local Taxes Upon Articles, Effects, Equipment or Materials Imported on Behalf of Olympic Participants. ................. HB 398 Volunteers Performing Service Without Pay; workers' compensation. .......... SB 17 Volunteers Performing Service Without Pay; workers' compensation. ......... HB 106

OMAHA, CITY OF; charter repealed 1994; assets, liabilities; disposition. .......................................... HB 386

ONCOLOGY; patient care; Pain Management Study Committee. ............... SR 69

OPEN BOTTLE BELL; Alcoholic Beverages; possession in vehicles; penalty.

SB 60

OPEN MEETINGS, RECORDS

Official State Language; designate English. ................................. SB 49

State Agencies; actions contesting agency rules; commencement.

SB 101

OPHTHALMOLOGISTS; sale and dispensing contact lenses. ................ SB 125

OPTOMETRISTS, OPTICIANS Contact Lens Prescriptions; regulate sale and dispensing. Scope of Practice; permissible pharmaceutical oral analgesics.

SB 125 SB 271

ORCHARD HILL, CITY OF; Rights and Options; county-wide consolidation. ........................................................... SB 419

OSTEOPOROSIS Osteoporosis Prevention and Treatment Education Act; enact. ............... HB 558 Prevention and Treatment Education Program; provide. .................... HB 433

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INDEX

2469

OUTER PERIMETER HIGHWAY; remove from Developmental Highway System. ................................................................. SB 2
OWENS, ODELL, JR.; Polk County; commend ............................... SR 32

PADGETT, MICHAEL J., SR., HIGHWAY; designate State Hwy 56; Augusta. ............................................................ HR 189
PAGE, PROFESSIONAL ASSOCIATION OF GEORGIA EDUCATORS; recognize. .............................................................. SR 275
PAIN MANAGEMENT STUDY COMMITTEE; creation. ..................... SR 69
PALMER, JULIE; Girl Scout Gold Award; commend ........................ SR 343
PARALYMPIC GAMES OF 1996 Issuance of Special License Plates to Support; fees. ......................... SB 263 Volunteers Performing Service Without Pay; workers' compensation. ..... HB 106
PARAMEDICS (See Emergency Medical Services)
PARDONS AND PAROLES (Also See Probation or Inmates or Sentence) Parole Conditions; completion of Family Violence Counseling Program. ....... SB 157 Parole Conditions; inmates whose history indicate alcohol, drug use. ......... SB 154 Parole Conditions; obtain educational or vocational skills; participate Alcohol/Drug Use Reduction Program. ........................ HB 229 Probation; eliminate for child sex offenders; Child Protection Act. ............ HB 377 Sex Offenders; parole conditions; registration of resident address. ............. SB 53 State Board; actions, names and findings of members; public records. ........ SB 139 State Board; state-wide elections; amend Constitution. ...................... SR 34 State Board; voting records; release for public inspection. .................... SB 59 Victims of Crime; Bill of Rights; duties of custodial authority. ............... HB 170
PARENT AND CHDLD (Also See Domestic Relations or Minors) Adoption Decrees; time period for judicial challenge. ........................ SB 307 Adoption; parent or guardian prohibited sell child for money. ............... SB 130 Allowing Minor to Witness Family Violence or Violent Felony; penalty. .... SB 159 Child Custody; actions between parents or award to third parties. ........... SB 348 Child Custody; crime of interference with visitation. ........................ SB 219 Child Custody; encouraging visitation by noncustodial parent. ............... SB 246 Child Custody; parent visitation; findings of family violence. ................ SB 120 Child Custody; parent visitation orders; findings of family violence. .......... HB 498 Child Support; determ ning factors; revise extensively. ...................... HB 72 Firearms Protection for Minors; unsafe storage; criminal offense. ............. SB 72 Juvenile Court Orders for Counseling; noncompliance punishment. ........... SB 77 Minor Children; malicious property damage; parent liability. ................ SB 255 Parental Right to Direct Upbringing and Education. ........................ SR 167 Parental Rights; termination proceedings; expedient hearings. ............... HB 495 Paternity Petitions; guardian ad litem for minor; appointment. .............. HB 339 Sex Education Courses in Public Schools; parental consent and review. ...... SB 392 Students; disciplinary problems; parent conference; school attendance. ........ SB 31 Year of the Family in Georgia; designate 1995. ............................. SR 29
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2470

JOURNAL OF THE SENATE

PARENT-TEACHER ASSOCIATIONS Sales Tax Exemption. ................................................... HB 684 School Support Groups; authority to operate raffles; licensing. ............... HB 456

PARKING SPACES; handicapped privileges; veterans awarded Purple Heart. ............................................................ SB 92

PARKS AND RECREATION

Cumberland Island and City of St. Marys; urge National Park

Service adopt plan for historic properties. ............................... HR 316

Jekyll Island; projects; master plan; undeveloped land use; audits. ........... HB 120

Jekyll Island State Park; undeveloped land; development restrictions......... SB 178

Lake Lanier Islands; master plan of projects; legislative review. ............. HB 120

Local Government Authorities Registration Act; enact. ...................... HB 250

North Georgia Mountains; master plan; development restrictions. ........... HB 120

Possum Poke Roadside Park; convey City of Poulan, Worth County.

HR 388

Raymond R. Lester Wildlife Management Area; designate.

SR 227

State Facilities; committee to study privatization of services. ................ SR 117

State Facilities; sublease of Maple Creek Site, West Point Lake. ............. SB 425

State Parks; convey certain leases; Black Rock Mountain, Fort

Yargo and West Point Lake. ........................................... HR 358

State Parks; leases for golf course facilities; Clay, Ware Counties. ........... SR 257

State Parks; permission to hunt, trap wildlife; approved weapons. ........... HB 200

State Parks; Stone Mountain facilities subject to certain taxation. ........... HB 475

State Recreational Authorities; legislative overview of operations;

land development restrictions; accountability. ............................ HB 120

Stone Mountain; master plan of projects; development restrictions. .......... HB 120

Stone Mountain Memorial Park; natural areas; development restriction. ...... SB 27

PARRISH, JOHN Former Senator; regrets at his passing. ................................... SR 184 Former Senator, 43rd District; honoring. .................................. SR 124

PATERNITY; Petitions; guardian ad litem for minor; appointment.

HB 339

PATIENTS (See Medical Practice or Health Care Facilities)

PAULDING COUNTY

Charles Hardy Parkway; designate; portion Ga. Hwy 120. ................... HR 94

Designate; Charles Hardy Parkway; portion Hwy 120.

... SR 15

PAWNBROKERS

Failure to Secure Firearms; advertising credit terms, interest rate. .......... SB 269

Motor Vehicle Title Pawn Loans; consumer financing; study committee.

SR 297

PEACE OFFICERS (Also See Law Enforcement)

Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183

Disciplinary Actions Against; professional criteria for processing.

SB 15

Duties; abandoned or stolen vehicle reports; ownership inquiries. ............ HB 185

Jail Officers, Juvenile Corrections Officers; peace officer training.

HB 444

Retirees From Local Agencies; carrying pistols in public buildings. ........... SB 454

Standards and Training Act; include county probation employees. ........... HB 455

Training Certification; sheriffs; qualifications to take office. .................. SB 84

Training Council; membership on Family Violence Commission. ............. SB 115

Training Fund Act; allocations; state and local officer training.

SB 155

Vehicular Pursuits; suspects fleeing to escape arrest; damage issues. ......... HB 409

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PEACE OFFICERS ANNUITY AND BENEFIT FUND Members; dual membership; Firemen's Pension Fund. ...................... SB 163 Membership; investigators for state examining boards. ..................... HB 326
PEACH COUNTY Ad Valorem; school tax; homestead exemption; income, age or disabled. ...... HB 908 Superior Court; Macon Judicial Circuit; fifth judgeship. ..................... HB 236
PEACH EMPLOYMENT SERVICES PROGRAM; AFDC recipients; requirements. ........................................................... SB 388
PEACH INDUSTRY Georgia Peach Festival, Celebrating Day at Capitol; commend. .............. SR 183 Peaches; designate as official state fruit symbol. ........................... HB 559
PEANUT PRODUCTS Official Georgia State Crop; designate the peanut. .......................... HB 124 Point of origin labeling; urge Congress enact legislation requiring. ........... HR 173
PEDESTRIANS; right of way in crosswalks; signals; vehicle remain stopped. .......................................................... HB 70
PEDIATRIC HEALTH CARE; child wellness services; insurance coverage. ... SB 51
PELHAM, CITY OF Mayor or council; filling of vacancies; city manager. ........................ HB 574 State Farmers Market Shed; lease; Pelham Development Corporation. ....... HR 335
PENAL INSTITUTIONS (See Corrections)
PENSON, REVEREND DEWEY; commend .................... SR 200
PERINATAL SERVICES; inclusion in state health planning. Prefiled ......... SB 5
PERKINS, THOMAS B.; expressing sympathy at his passing. ................ SR 178
PERRY, CITY OF; departments, agencies, manager; personnel. .............. HB 539
PERSONAL CARE HOMES (See Nursing Homes or Health Care Facilities)
PESTICIDES AND PEST CONTROL Fire Ant Study Committee; creation. ...................................... SR 293 Structural Pest Control Businesses; licensure; applicant exams. ............. SB 351
PETROLEUM PRODUCTS (See Gasoline)
PHARMACISTS, PHARMACIES Drug Products; products substituted for use by patients; conditions. ....... SB 309 Health Insurers; participating provider plans; termination criteria. ......... SB 237 Licensing; reciprocity; infractions; registration; reverse distributors, researchers handling dangerous drug products. .......................... HB 611 Manufacturers, Sellers; pharmaceutics; government purchasing. ............. SB 300 Prescription Drugs; ordering privileges of physicians' assistants. ............. HB 285
PHOTOGRAPHY; taking of depositions; testimony in nonstenographic form. . . SB 283
PHYSICIANS (Also See Medical Practice or Professions or Health) Abortions Performed Without Informing Female of Risks; penalty. ........... SB 327 Chiropractors; qualifications; examinations; temporary licenses. ............. SB 367 Chiropractors; scope of practice; order neuromusculoskeletal studies. ......... SB 409 Civil Cases Involving Injury or Disease; evidence; medical reports............ SB 421 Dermatologists; direct access for patients; insurance coverage. ............... HB 281 Health Care Insurers; rights of participating providers in disputes. .......... SB 237 Health Care Providers; peer review activities; confidentiality. ................ SB 93
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2472

JOURNAL OF THE SENATE

PHYSICIANS (Continued) Health Care Providers; peer review; confidentiality of proceedings. ............ SB 95 Health Practitioners; services through networks or plans; standards. ......... SB 195 Medical, Dental Implements; vessels used in sterilization; exemption. ........ HB 321 Medical School Loans; facilities where services rendered repay loans. ........ SB 262 Mental Health/Psychotherapy; patient privileged communications. ........... SB 223 Optician, Optometrist, Ophthalmologists; contact lens prescriptions. ......... SB 125 Optorsetrists; permissible pharmaceutical agents; oral analgesics. ........... SB 271 Orders Not to Resuscitate; health care providers, facilities, staff. ............. SB 55 Prescription Drug Orders; authority of physicians' assistants. ............... HB 285 Providers of Workers' Compensation Medical Services; billing errors. ........ SB 441 Rural Health Care Providers; shortage of; committee to study. .............. SR 320 Rural Physicians; selected specialties; income tax credit. .................... HB 524 Testimony by Deposition; evidence; child sexual abuse cases. ................ HB 290

PIEDMONT JUDICIAL CHICUIT; superior court; additional judgeship. ...... HB 236

PIERCE COUNTY

Board of Commissioners; elections districts; descriptions. .................. HB 1021

Board of Education; election districts; descriptions. ........................ HB 1020

Board of Education; members; nonpartisan nomination and election.

SB 469

Magistrate Court; chief magistrate; nonpartisan nomination, election. ........ SB 470

Probate Court; judge; nonpartisan nomination and election. ................. SB 468

PIKE COUNTY Board of Commissioners; chairman, members; compensation. ............... HB 1010 Board of Commissioners; reapportion election districts. ..................... HB 848 Board of Education; compensation. ....................................... HB 1011 Board of Education; nonpartisan elections. ............................... HB 1008 Pike County Agribusiness Authority; creation. ............................. HB 910

PINE MOUNTAIN TRAIL; designate portion to honor D. Neal Wickham.

HR 261

PINE RIDGE ELEMENTARY SCHOOL; commend

SR 258

PINKSTON, FRANK; elected to State Transportation Board ................. Page 79

PISTOLS (See Firearms and Guns)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLANTS OR ANIMALS; occurrence of rare species; restrict disclose sites. ........................................................... SB 170

PLUM ORCHARD MANSION ON CUMBERLAND ISLAND; historic property; adopt plan. ............................................................. HR 316

PLUMBERS; Licensees; expand definition applicable to plumbing systems. ...................................................... HB 471

PLUNKETT, LAMAR RICH Former Senator; regrets at his passing. ................................... SR 199 Former State Senator; in memory of. ...................................... SR 100

POAG, HONORABLE CHARLES NATHAN; commend

SR 237

POINTE SOUTH ELEMENTARY SCHOOL; commend

SR 105

POLICE OFFICERS (Also See Law Enforcement) Accelerant Detection Dogs; offense of destroying or injuring. ................. HB 655 Arrest Under Warrants; commitment hearing; notice to accused. ............ HB 119 Disciplinary Actions; minimum procedures to ensure due process. ............ SB 15

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INDEX

2473

POLICE OFFICERS (Continued) Law Enforcement Communications; recommending statewide radio system.. .. SR 319 Retirees; carrying of pistols in public buildings. ............................ SB 454 Training; funding; disbursement of funds remitted as fines. ................. SB 155 Vehicular Pursuits; suspects fleeing to escape arrest; damage issues. ......... HB 409
POLK COUNTY Designate; Raymond R. Lester Wildlife Management Area. .................. SR 227 Tax Commissioner; change compensation. ................................. SB 162
POLLUTION CONTROL Chattahoochee River; phosphorus discharge limits; change requirement. .... SR 345 Environmental Compliance; noncompliance factors; confidential report........ SB 244 Erosion and Sedimentation Control Review Panel; commend ................ SR 318 Product Packaging; require biodegradable or recyclable containers. .......... SB 335 Solid Waste Reduction Study Committee; creation. ......................... SR 265 Water; clean water and water supply development; funding sources. ......... SR 191 Water Quality Control; sludge land application sites; restrictions. ......... SB 267 Waters Adjacent Land-disturbed Areas; erosion, sediment controls. .......... SB 375 Waters Adjacent Land-disturbed Areas; storm-water runoff; violations. ....... HB 350
POPULATION BILLS Counties of 200,000 or More; poll officers; chief manager; per diem. .......... HB 636 Counties of 500,000 or More; contracts for work, labor or services. ........... SB 241 Counties Over 400,000; probate court; additional courthouse sites. ........... HB 493 Counties Over 400,000; satellite courthouses; marriage licenses. ............. HB 492
PORTCH, REGENTS CHANCELLOR; introduced; remarks ................ Page 879
PORTS AUTHORITY, GEORGIA; Pilots and Pilotage; licensing; regulations; fees; number for certain ports; use of docking pilot; liens on vessels. ........................................................................ HB 489
POULAN, CITY OF; Property Conveyance; Possum Poke Roadside Park. .... HR 388
POULTRY PRODUCTS Designate Georgia as Poultry Capital of the World. ........................ HB 594 Henry Massey Pavilion, UGA Poultry Scientist; commend. .................. SR 267 Poultry Feed and Transportation Study Committee; creation. ............... SR 278
POWDER SPRINGS, CITY OF Corporate Limits; change. ................................................ SB 413 West Lake Golf Club; urge U.S. Corps of Engineers approve development . SR 157
PREFILED 1995 BILLS AFDC Public Assistance; teenage recipients; LEARNFARE Program. ........ SB 13 Alimony or Child Support; violated orders; punishment; obligations. .......... SB 7 Amend Constitution; Public Initiative Petition Process. ...................... SR 4 Amend Constitution; term limitations; certain local officials. ................. SR 3 Amend Constitution; term limitations; certain public officers. ................. SR 2 Civil Actions; improper claims relating to public issues, concerns. ............. SB 1 Crimes Occurring Prior to Marriage; witnesses; spousal testimony. ........... SB 8 Developmental Highways; add corridor; remove Outer Perimeter. Profiled .... SB 2 Education; student assessment tests; change provisions. ..................... SB 11 Employees Retirement; mental health community service boards./.Prefiled ..... SB 4 General Assembly; legislative information; access via GaNet/PeachNet. ....... HB 53 Georgia Sovereignty Under 10th Amendment to U.S. Constitution. ........... SR 1 Health Care Planning; clinical services; include perinatal services. ............ SB 5 Home Economics and Parenting Education in Schools. No Action 1995. ... SB 6
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2474

JOURNAL OF THE SENATE

PREFELED 1995 BILLS (Continued)

In-school Suspension Classes; qualifications of persons in charge. ............. SB 10

Income Taxes; incorporate federal provisions into Georgia tax laws. ........... HB 34

Income Taxes Paid on Federal Pension; refund claims; failure to file. ......... HB 3

Income Taxes; property tax credit deductible from tax liability. ............... HB 38

Insurance; surplus line brokers; revise certain requirements. ................. HB 41

Limousines; vehicles for hire; certificates; permits. No Action 1995. ........... SB 14

Motor Fuel Deliveries Directly Into Fuel Tank of Commercial Vehicles. ....... HB 39

Public Roads; construction, maintenance; include bicycle paths,

rapid transit systems and passenger rail service.

...

SB 3

Public Schools; required evaluation; exemption under accreditation. ........... SB 9

Textbook Requests by Local School Superintendents; approval method. ........ HB 15

Textbooks Requested by Local Schools; approval procedure. Prefiled .......... SB 12

PREMIUM FINANCE COMPANIES; Installment Payment Agreements; returned checks; cancellation. ............................................ HB 375

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRISONS (See Corrections)

PRIVACY RIGHTS

Cellular Radio Telephones; intercepted communications; unlawful use. ....... SB 131

Electronic Trace Devices; law enforcement investigations; approval. .......... HB 340

Electronic Trace Devices; use in law enforcement investigations. ............. HB 341

Offense of Harassing Phone Calls; criminal penalties. ...................... SB 420

Offense of Harassing Phone Calls; penalties. ................................ HB 76

Tortious Interference; using contents of intercepted private message.

. . . . SB 74

PRIVATIZATION OF GOVERNMENTAL SERVICES

Committee to Study Privatization of State Governmental Services. .......... SR 117

Competitive Contracting System for Public Goods and Services.

SB 407

Insurance Commissioner; agreements for licensing testing services.; ......... HB 626

Insurance Licensing Testing Services; agreements; charges; costs. ........... SB 330

Probation Supervision Services; private contractors; standards. .............. HB 435

State Buildings and Vehicles; committee to study efficient use of. ............ SR 268

PROBATE COURTS

County Officers; employing individual legal counsel; circumstances. .......... HB 605

Courthouse Sites; additional location; counties over 400,000. ................ HB 493

Fees; hearing to determine eligibility to purchase a handgun.

SB 58

Guardians; appointment for incapacitated adults; change criteria. ........... SB 146

Guardians; orders appointing emergency guardianships. .................... SB 143

Judges; retirement; benefits; redefine surviving spouse. ..................... HB 483

Judges; retirement; increase time for vesting. .............................. HB 484

Judges Retirement; spousal benefits; selection options.. ..................... HB 485

Judges; training council; vital records fees. ................................ HB 248

Jurisdiction; appointment of guardians; settlement of claims. ................ SB 105

Jurisdiction; commitment of defendant pleading mental illness................ SB 94

Marriage Licenses; issuance at satellite courthouses. ....................... HB 492

Mental Health Care; access to records of involuntary treatment. .............. SB 93

Wards, Incompetent or Incapacitated Person; guardians and counsel. ........ SB 147

PROBATION Cases Involving Felonies or Misdemeanors; community service hours. ......... SB 78 Community Service Program; Pilot Project Judicial Circuit Sites. ............ HB 435 County and Municipal Probation Advisory Council; creation; supervision services; intergovernmental, private contracts. ........................... HB 435

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INDEX

2475

PROBATION (Continued) County System Employees; peace officer standards and training. ............ HB 455 Detention or Diversion centers; who shall be sentenced, period, term. ........ SB 230 Municipal Probation Systems; actions to collect delinquent fines. ............ SB 276 Parolees; requirements; obtain educational or vocational skills; participate Alcohol/Drug Use Reduction Program. ........................ HB 229 Suspension; offenses of physical injury or terroristic threats. ................ HB 509

PROCTOR, NORMAN OF LAGRANGE, 100TH BIRTHDAY; commend.

SR 99

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade)

Architectual or Engineering Firms; contracts with State DOT. ............... HB 328

Art Dealers; Georgia Consignment of Art Act enacted. ...................... HB 477

Athletic Trainers; licensure; state regulatory board. ........................ SB 452

Attorneys; commercial solicitation of vehicle accident victims. ............... SB 369

Attorneys; legal services; cause of action for false advertising. ............... SB 249

Auctioneers Conducting Sales of Property Not Needed for Public Roads. ...... SB 161

Beauty Pageants; contests; prizes are offered; notices; bonds. ................ SB 232

Brewers of Malt Beverages; permits for brewery tours, tastings. ............. HB 354

Business Corporation Code; amend various provisions; redefine terms. ....... HB 670

Business or Occupation Taxes; local levy; classification criterion. ............ SB 314

Businesses Installing, Maintaining Elevators, Escalators; violations. ......... HB 269

Campaign Consulting Services; restrict certain use of campaign funds. ........ SB 18

Checks or Money Orders; businesses selling or cashing; licensure. ........... SB 103

Chiropractors; qualifications; examinations; temporary licenses. ............. SB 367

Chiropractors; scope of practice; order neuromusculoskeletal studies. ......... SB 409

Contractors; collectors of delinquent taxes; qualifications; fees. ............... SB 29

Dental Hygienists; direct supervision requirement; change provisions.

SB 389

DUI Alcohol, Drug Use Risk Reduction; satellite programs; DHR rules.

SB 250

Electrolysis Offices and Clinics; regulation; licensure. ........................ SB 85

Employers; immunity; disclosure of employee job performance. .............. HB 297

Employers of Domestic Employees; unemployment tax payments. ............. SB 29

Employment; probationary period; terminating permanent employees. ....... SB 333

Engineers and Land Surveyors; professional certification requirement. ....... HB 471

Financial Institution Employees; reporting need for protective

services for elderly adults who may be exploited. ......................... SB 395

Food Service Establishments; persons handling food; requirements. ........... SB 75

Funeral Directors, Embalmers; license renewal; continuing education.

HB 100

Health Practitioners; services through networks or plans; standards. ......... SB 195

Health Providers; commercial solicitation; vehicle accident victims. .......... SB 369

Insurance Adjusters; licensure; exempt certain salaried employees. .......... SB 207

Insurance Agents, Adjusters; licensing; certain personnel excluded. ........... SB 45

Insurance Agents, Adjusters; licensure; exclude certain employees. ........... SB 51

Insurance Agents; placing insurance with residual market insurer. .......... HB 405

Insurance Licensing Testing Services; agreements; charges. ................. SB 330

Insurance Premium Finance Companies; agreements; cancellation.

HB 375

Insurers; capital stock or surplus; revise requirement amount. .............. HB 431

Insurers; financial assets; electronic record keeping machines.

HB 595

Insurers; health care plans; conversion from nonprofit to a

for-profit corporation; procedures. ....................................... HB 669

Insurers; monetary penalties for violations; aggravating factors.

SB 152

Insurers of Credit Transactions; vendors' collateral; licensing. ............... SB 185

Insurers of Property; fair access to insurance requirements. ................. SB 289

Insurers; policies; specified premiums and charges; report filing. .............. HB 42

Insurers; reporting assets; coverage under Guaranty Association. ............ HB 626

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2476

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Insurers; self-insurers of auto liability; cash deposits required. ...

HB 677

Insurers; surplus line brokers; change certain requirements. ................. HB 41

Insurers; surplus line placement; financial, solvency conditions. ............. SB 142

Jobs Tax Credit; employing AFDC recipients; Jobs First Program. ........... HB 570

Land Surveyors; damage actions against; period of limitation. ............... SB 303

Licensed Professions; disciplinary proceedings; grounds for

revocation; felony convictions; frivolous appeals. .......................... HB 326

Licensees or Applicants; sanctions for delinquent child support. ............. SB 227

Limited Liability Partnerships; comprehensive revisions. ................... HB 563

Manufacturers, Distributors of Personal ID Cards; violations. ............... SB 253

Marriage and Family Therapists; licensure; training requirements. .......... SB 188

Massage Therapists; licensure; state regulatory board. ...................... SB 452

Mental Health Care Providers; evidence; privileged communications. ......... SB 223

Mortgage Brokers, Lenders; licensees; unlawful purchase of loans.

SB 103

Motor Vehicle Repair Shops; customer rights; cost estimate, charges. ........ SB 440

Natural Disasters; rebuilding or repairs; deceptive trade practices. .......... SB 116

Nonperpetual Care Cemetery; certificate of operation. ...................... SB 179

Nurses; practical; licensure; applicants trained in another state. ............. HB 395

Nursing Home Administrators; provisional licenses; validity. ................ HB 280

Occupation Taxes or Regulatory Fees; local tax; extensive revisions. ......... HB 175

Optician, Optometrist, Ophthalmologists; contact lens prescriptions.

... SB 125

Optometrists; permissible pharmaceutical agents; oral analgesics. ........... SB 271

Pawnbrokers; advertising restrictions; failure to secure firearms. ............ SB 269

Physicians' Assistants; authority; patient prescription drug orders. .......... HB 285

Pilots and Pilotage; licensing; regulation; violations; service fees. ............ HB 489

Plumbers; master plumber licensees; redefine practice of plumbing.

HB 471

Professional Counselors, Social Workers, Marriage and Family

Therapists; records of alleged incapacitating condition. ................... HB 273

Professional or Business Schools; financial assistance to students. ........... SB 362

Psychotherapy; mental health care; patient privileged communications. ...... SB 223

Real Estate Appraisers; appraisal reports; conflicts of interest. .............. SB 465

Real Estate Brokers; listing property not needed for public roads. ........... SB 161

Real Estate Brokers, Salespersons, Appraisers, Property Management,

Copartnerships; licensing; classification; renewal; fees. .................... HB 344

Real Estate; developers of time-share projects; regulatory laws............... HB 622

Real Estate Developers; subdivision land sales; change requirements. ... HB 621

Reemployment Rights of National Guard Members Called Active Service. . SB 354

Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368

Retail Businesses; price markup; illegal during state of emergency. .......... HB 283

Retail Mobile Pushcarts or Temporary Kiosks; business opportunities. ....... HB 824

Roofing Contractors; licensing; state regulatory agency. ..................... SB 342

Small Employers; health insurance benefit plans. .......................... SB 220

Structural Pest Control Businesses; licensure; applicant exams. ............. SB 351

Temporary Help Contracting Firms; employees; unemployment benefits. . . . . . HB 240

Temporary Help Contracting Firms or Employee Leasing Companies;

employers under workers' compensation. ................................ SB 331

Ticket Brokers and Scalpers; licensing; reselling admission tickets. .......... HB 516

Trade Secrets; offense of theft; definitions; penalties. ....................... SB 418

Trade Secrets, Offense of Theft of; penalties. ............................... HB 340

Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153

Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers'

Registration Act; enact. ................................................ HB 335

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INDEX

2477

PROFESSIONS AND BUSINESSES (Continued) Vendors; collateral on credit transactions; credit insurance. ................. HB 330 Warehousemen; maximum charges; handling, selling leaf tobacco. ........... HB 163 Workers' Compensation Group Self-insurance Funds; extensive revision. .... SB 286
PROPERTIES COMMISSION (See Property Conveyances or State Government)
PROPERTY Abandoned Motor Vehicles; report procedures; determining ownership. ....... HB 185 Ad Valorem Tax; airport properties split by county lines. ................... HB 790 Ad Valorem Tax; apportion liability between seller and purchaser. .......... SB 86 Ad Valorem Tax; delinquency liens; foreclosure procedure; tax sales. ......... SB 338 Ad Valorem Tax; delinquent; tax executions; selling and transferring. ......... SB 89 Ad Valorem Tax; exemption; certain nonprofit museum property. .......... HB 252 Ad Valorem Tax; exemption; enterprise zones in unemployment areas. ........ SR 64 Ad Valorem Tax; exemption; historical fraternal benefit association. ......... HB 399 Ad Valorem Tax; millage rate; standing timber; owner harvests. ............. HB 755 Ad Valorem Tax; replace with Homestead Option Sales and Use Tax Act. . HB 108 Ad Valorem Tax; separate tax treatment of property located in Enterprise Zones; amend Constitution. ................................... SR 63 Ad Valorem; taxpayer refunds; claims based upon appealable grounds. ....... HB 441 Artists; Georgia Consignment of Art Act enacted. .......................... HB 477 Bankruptcy; insolvent estates; exempt funds held in IRA accounts. .......... HB 221 Boat Safety Study Committee; creation. .................................... SR 86 Cemetery Owners; failure to maintain property or burial merchandise. ....... SB 359 Code Revision; Title 44; correct errors and omissions. ....................... HB 199 Commercial or Industrial Facilities; land auctions; environmental site assessment. ........................................................ SB 96 Covenants; actions for failure to pay assessments; time limitations. ...... HB 299 Criminal Damage or Trespass; offenses of family violence. .................. SB 397 Damage; malicious acts of minor child; parent, guardian liability............. SB 255 Deeds; instruments for recording; include tax map and parcel number. ....... SB 136 Disabled Persons; creation of trust property; committee to study. ............ SR 290 Disaster Emergencies; volunteer assistance; limit'tort liability. .......... HB 530 Disposition by Law Enforcement Agencies; advertising; sales in lots. ......... HB 480 Federal Estate Taxes; urge increase gross estate exemption amount. ......... HR 290 Financial Power of Attorney; naming an agent; statutory form. .............. SB 105 Financial Power of Attorney; naming an agent; statutory form. .............. SB 145 Fire Ant Study Committee; creation. ...................................... SR 293 Forfeiture; vehicles, tools, weapons used in burglary or armed robbery; disposition; proceeds derived. ................................... HB 340 Historic or Sensitive Natural Habitats; site disclosure restrictions. ........... SB 170 Housing Affordability Impact Note Act; general assembly requirements. ....... SB 97 Indian Affairs Study Committee; create. ................................... SR 309 Indian Burial Objects; remove certain property rights provision. ............. SB 123 Indian Tribes; legal recognition; Southern Band Cherokees and Creeks. ....... SB 41 Insurance; coverage of personal property changing in its specifics. .... SB 448 Insurance; credit transactions; rate filings; agent licensing. ................. HB 330 Insurance; credit transactions; vendors' collateral; licensing. ................ SB 185 Insurance; failure of insured to pay premium; clarify nonrenewal. ............ SB 51 Insurance; premium financing agreements; cancellation; bad checks. ......... HB 375 Insurers; fair access to insurance requirements to operate in state. .......... SB 289 Island Property Within Constitutional Industrial Area; allow removal. ... SR 228 Judicial Sales; advertisements; street address of real property. .............. HB 182
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2478

JOURNAL OF THE SENATE

PROPERTY (Continued)

Judicial Sales; issuance of alias execution against salvage yards. ............ SB 302

Land-disturbing Activities; construction; soil erosion controls. ............... SB 375

Land-disturbing Activities; erosion control requirements. ................... HB 350

Land Sales; parcels within subdivisions; developer requirements;

purchaser rights; property reports. ...................................... HB 621

Land Surveyors; damage actions against; period of limitation. ............... SB 303

Landlord; demand for possession upon tenant; housing authorities. .......... HB 258

Landowners; rights concerning siting of petroleum pipeline routes. ........... SB 24

Levy on Personal Property; execution; to whom deliver written notice. ..... SB 277

Liens on Abandoned Motor Vehicles; foreclosure; attorney's fees. ............. SB 87

Liens; subcontractors, materialmen; contractor Notice of Commencement. ... SB 50

Limited Liability Partnerships; duties, liability, mergers, purpose. ........... HB 563

Littering Public or Private Property or Waters; increase fines. ............... HB 174

Local Government Zoning Procedures; reconsidering defeated actions. ... SB 215

Mortgages Duly Recorded on County Land Records; notice to purchasers. .. . . SB 243

Nonperpetual Care Cemetery; burial space; certificate of operation. .......... SB 179

Pawnbrokers; failure to secure firearms; advertising credit terms. ........... SB 269

Property Tax Credit Act of 1995; deductible income tax credit. ............... HB 38

Real Estate; appraisal reports; reviews; conflicts of interest. ................. SB 465

Real Estate; licensees; classification; renewal; fees; sanctions. ............... HB 344

Real Estate; securing long-term notes; intangible recording tax. ............. SB 224

Realty; record of conveyance to secure debt; security interest;

reversion of title; notice to purchaser of certain land use zoning.

..... HB 194

Rental; tenant eviction; committee to study dumping property on curb. ........ SR 53

Residential Developments; private clubs; alcoholic beverage sales. ........... HB 354

Residential; mortgage escrow accounts; payment of interest. ................ SB 393

Residential Rentals, Leases; notify tenant of previous flooding. .............. HB 167

Residential; use of force in self-defense against a forcible entry. ............. HB 107

Residential; used car sales; regulate unlicensed facilities. ................... HB 335

Sale of Property by Counties, Municipalities; procedures. ................... SB 161

State; coastal marshlands; leases for marinas or docks; rental fees. .......... HB 389

Theft; misdemeanor shoplifting; increase maximum property value. .......... SB 386

Theft; use of deadly force for protection or in self defense.................... SB 171

Time-share Act; comprehensively revise regulatory laws, instruments. ....... HB 622

Unclaimed or Abandoned Bank or Financial Instruments; service charge.

HB 791

Zoning Actions Impacting Residents in Neighboring Counties. ............... SB 270

PROPERTY CONVEYANCE (Also See State Government) Baldwin, Cobb, Towns and Walker Counties; granting of easements. ......... SR 113 Barrow County; Fort Yargo State Park; lease tract to City of Winder. ........ HR 358
Bartow County; W&A Railroad; convey right of way to adjoined residential property owners; City of Kingston. ........................... HR 419
Brooks County; Bowens Mill Pond; easement to Jane B. McLane. ............ HR 174
Carroll County; property exchange; Board of Education and Carroll Technical Institute. ................................... HR 231
Chatham County; land exchange; Regional Youth Detention Center site. . . . . . SR 131 Clarke, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker
and White Counties; grant utility easements. ............................ SR 118 Clay County; lease of undeveloped land for golf course development. ......... SR 257 Colquitt County Forestry Headquarters; convey to Board of Education. ....... SR 160 Colquitt County; state-owned property; convey to City of Moultrie. ........... SR 159 Fort Yargo State Park; fire tower site; lease to City of Winder. .............. HR 234

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INDEX

2479

PROPERTY CONVEYANCE (Continued) Fulton County; exchange, of property; MARTA and World Congress Center's International Plaza project. ..................................... HR 49 Georgia School for the Deaf; old campus; annexation by Cave Spring. .... HR 159 Georgia School for the Deaf; old campus; convey to Cave Spring. ............ HR 155 Gwinnett County; DHR property; 25-year lease to Gwinnett/Rockdale/Newton Creative Enterprises, Inc. .............................................. SR 226 Kingston, Bartow County; sell railroad right of way; adjoining homes. ...... SR 269 Liberty County; land exchange; construct new State Patrol facility. .......... SR 119 Milledgeville; 3 surplus land parcels custody of DHR; sell by competitive bid; repeal certain Acts. .................................... HR 334 Mitchell County; State Farmers Market Shed; lease; Pelham Development Corporation. .......................................................... HR 335 Property Which Was to be Transferred to National Guard; confirm ownership by City of Cartersville......................................... SR 19 Rabun County; Black Rock Mountain State Park; lease for TV tower. .... HR 358 Rhodes Memorial Hall; rental agreement; Georgia Trust for Historic Preservation, Inc. ...................................................... HR 81 Richmond County; agreement; license test site and baseball facility. ......... HR 298 Richmond County; Gracewood School Campus; right of way access. ....... SR 282 Richmond County; lease 5-acre parcel for driver's license facility. ............ SR 102 Richmond County; state property; sell to county subject certain lease agreement. ...................................................... SR 248 Stephens County; convey surplus National Guard facility property. ........ HR 231 Stephens County; convey surplus National Guard facility property. .......... HR 351 Tattnall County; convey surplus armory site to City of Reidsville. ........... HR 232 Troup County; West Point Reservoir; sublease for park development. ........ HR 358 U.S. Highway 41; City of Acworth; consent to annex portion of............... HR 155 Ware County; lease of state-owned golf course to management firm. ......... SR 257 Whitfield County; industrial site; W & A Railroad right of way. ............. HR 231 Worth County; Possum Poke Roadside Park; convey City of Poulan. ..... HR 388
PROPERTY TAX CREDIT ACT OF 1995; enact............................. HB 38
PSYCHOTHERAPY PRACTITIONERS (Also See Therapists) Evidence; privileged communications; patient-client confidentiality. .......... SB 223 Marriage and Family Therapists; licensure; training requirements. .......... SB 188 Professional Counselors, Social Workers, Marriage and Family Therapists; alleged incapacitating condition; personal records. ............. HB 273
PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid) AFDC Benefits; both parents living in home; wage earners; incentives. ... SB 380 AFDC Benefits Received With Knowledge of Ineligibility; fraud. ............. SB 112 AFDC Benefits; when birth of a child disqualifies additional money. ........ SB 382 AFDC Child Recipients; school attendance; LEARNFARE Pilot Program. ..... SB 298 AFDC Child Recipients; school attendance requirements. ................... SB 119 AFDC Eligibility; income considerations; man living in house rule. .......... SB 378 AFDC Money Payments Terminated After Certain Date; work incentive. .... SB 383 AFDC Recipients; assignment to wage-paying job; Medicaid eligibility. ..... HB 570 AFDC Recipients; employment incentive; PEACH Program support service. . SB 388 AFDC Recipients; participation in Work for Welfare Program required. ...... SB 384 AFDC Teenage Recipients; school attendance; LEARNFARE Program. ........ SB 13 Benefits, Food Stamps; overpayment errors; hearings; future benefits. ........ SB 446 Children and Families; comprehensive plans for coordinated services. ........ SB 256
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2480

JOURNAL OF THE SENATE

PUBLIC ASSISTANCE (Continued) Disabled Persons; creation of discretionary trusts; study committee. ......... SR 290 False Identification Documents; intent to defraud, deceive; penalty. .......... SB 198 Fraud Investigations; documentary evidence; administrative subpoena........ HB 338 Medicaid; contracts; hospital authorities operating managed health care plans or networks; participating providers. ................... HB 765 Medicaid Discrimination in Nursing Home Admissions Study Committee. . . . .. SR 68 Recipient Benefits; estimated costs; survey and statistical summary. ......... SB 381

PUBLIC HEALTH DEPARTMENT; create; transfer certain DHR functions. .. HB 528

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees

or State Government)

Agriculture Commissioner; powers; soliciting certain contributions. .......... SB 374

Applicants for State Employment; testing for illegal drug use. ....... ........ SB 22

Board of Pardons and Paroles; voting records; public inspection. .............. SB 59

Campaign Consulting Services; restrict certain use of campaign funds. ........ SB 18

Code Revision; Title 45; corrects errors and omissions. ..................... HB 199

Constitutional Officers Election Board; eliminate. .......................... SB 193

Coroners, Deputy Coroners; authority to make pronouncement of death....... HB 508

Coroners, Medical Examiners; death investigations; subpoenas;

AIDS confidential information. ......................................... HB 268

County, Municipal Elected Officers; term limitations. ....................... SB 340

Education, State Board; election by General Assembly. ...................... SR 24

Employee Wage Incentives; ineligibility; abusive public behavior. ............ SB 213

Employees Retirement; benefits; members with 33 years of service. .......... SB 149

Employment; delete "handicap"; insert "persons with disabilities". ........... HB 601

Employment; delete "handicap"; insert "persons with disabilities". ............ HB 653

Firefighter Standards and Training Council; director; duties. ................ SB 199

General Assembly; members; increase allowances, reimbursable expenses.

HB 62

General Assembly; unexpired terms; filling of vacancies. .................... SR 287

Georgia Housing and Finance Authority; state employees health' plan.

HB 382

Georgia Rail Passenger Authority; members; expense allowances.

... HB 641

Governmental Vehicles; license plates issued for five-year period. ............ HB 601

Indemnification; death or disability claims; applications; include

national guard members called law enforcement duties. ................... SB 353

Information Technology Policy Council; officer position created. .............. SB 293

Insurance Commissioner; authority; service agreements; reports. ............ HB 626

Insurance Commissioner; enforcement powers; impose monetary penalty. . . . . . SB 152

Law Enforcement Officers; disciplinary actions; procedures; criteria. .......... SB 15

Legal Counsel in Civil Cases; county attorney conflict of interest. ............ HB 605

Merit System Employees; grievances, uniform filing procedures. ............. SB 133

Merit System Employees; grievances; uniform filing procedures. ............. SB 356

Motor Vehicle Expenses Using Personal Vehicle; reimbursement rate. ........ HB 474

Nonpublic Postsecondary Education Commission; executive director. ......... SB 305

Notaries Public; execution of performance bonds. ........................... SB 403

Pardons and Paroles Board; public records; names, actions, findings. ...

SB 139

Pardons and Paroles, State Board; state-wide election of members. ........... SR 34

Professional Practices Commission; members; expense reimbursement. ....... SB 291

Professional Standards Commission; executive secretary; compensation. ...... HB 406

Public Employees; termination records; abusive acts toward public. .......... HB 214

Public Safety Commissioner; duties; promulgate rules and regulations.

SB 206

Random Drug Testing; certain elected state officers; procedures. ............. SB 240

Retirement or Pensions; maximum salary allowed in computation of. ........ HB 327

Revenue Agents, Enforcement Officers; retention of weapon and badge. ..... SB 394

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INDEX

2481

PUBLIC OFFICERS AND EMPLOYEES (Continued) Salary and Expenses; personnel reports; expand entities who report. ....... HB 578 Secretary of State; duties; agency rules or regulations; clarify. ............... SB 343 State Agencies; prohibited expenditures; certain activity, behavior. .......... HB 694 State Employees; probationary period; working test period length. ........... SB 204 State Properties Commission; change secretary designee. ................... HB 576 State School Superintendent; appointment by Board of Education. ............ SR 24 State School Superintendent; authority; operation of state schools for the deaf and blind. ......................... HB 406 State School Superintendent; authority to employ, dismiss employees. ........ SB 26 State School Superintendent; authority to employ or dismiss employees. ...... SB 20 State Transportation Board; members; per diem; travel costs. ............... HB 641 Term Limitations; certain officers; amend Constitution. ...................... SR 2 Term Limitations; congressional, state officers; amend Constitution. ......... SR 161 Term Limitations; General Assembly and other elected officers; amend Constitution. .................................................... SR 30 Term Limitations; General Assembly, Congress, certain state officers; amend Constitution. ......................... .................. SR 39
Term Limitations; General Assembly; four terms; amend Constitution. ........ SR 35 Term Limitations; General Assembly; 6 terms; amend Constitution. .......... SR 36

PUBLIC RECORDS

Copyrighted Nondramatic Musical Works; contracts; royalty payments. ...... SB 426

County Land Records; mortgages duly filed, recorded and indexed. ........... SB 243

Drivers License Applicant Exams or Brochures in the English Language. .... SB 265

Government Agencies; access information through computer technology. .

SB 293

Health Care; residents in long-term care; authority of ombudsman. .......... HB 557

Historic Properties, Natural Habitats of Rare Plants or Animals;

site specific information; disclosure restrictions. .......................... SB 170

Information Made in Environmental Compliance by Business, Industry.

SB 244

Inspection; fiscal impact notes filed to introduce legislation. ................. SB 134

Legislative Information; public distribution through GeorgiaNet. ............ SB 337

Mental Health Care; court records of involuntary treatment. ................. SB 93

Official State Language; designate English. ................................. SB 49

Pardons and Paroles Board; names, actions, findings; public records. ......... SB 139

Public Inspection; voting records of Board of Pardons and Paroles. ............ SB 59

Trade Secrets, Offense of Theft; preserving secrecy in prosecutions. .......... HB 340

Trade Secrets; redefine; discovery in cases of theft; prosecution. ............. SB 418

Trade Secrets; redefine; include customers and suppliers information. .... SB 316

PUBLIC REST ROOMS; availability at retail motor fuel outlets; signs. ....... SB 360

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Arrest Powers When Felonies Committed; sheriffs or police officers. .......... SB 183 Commissioner; duties; appoint members of special Auxiliary Service. ......... SB 206 Crime Information Center; computer database; firearm serial numbers. ..... SB 122 Crime Information Center; records; dissemination; conditions; fees. .......... HB 314 Criminal Justice Coordinating Council; membership; Family Violence Commission. .......................................................... SB 115 Criminal Justice Coordinating Council; victim assistance programs. .......... SB 114 Department of Public Safety Nomenclature Act of 1995; enact. .............. HB 212 Driver's Licenses; reports of conviction; when courts shall send. .......... HB 255

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2482

JOURNAL OF THE SENATE

PUBLIC SAFETY DEPARTMENT (Continued) Flood Disaster Relief Efforts; commend staff. .............................. SR 280 Law Enforcement Communications; recommending statewide radio system. . SR 319 Law Enforcement Officers; disciplinary actions; procedures; criteria. .......... SB 15 Law Enforcement; vehicular pursuits; fleeing suspects; damage issues. ....... HB 409 Motor Vehicle Insurers; valid cancellations; notice procedure. ............... SB 151 Peace Officer Training Certification; requirements for sheriffs................. SB 84 Peace Officers; retirees of local agencies; carrying of pistols. ................. SB 454 Radar Speed Detection Devices; regulations governing; study of. ............. SR 294 Repeal Duties to Register Voters Unless Federal Monies Provided............ SB 355 State Health Care Fraud Control Unit; investigative subpoenas. ............. HB 338 State Patrol; Auxiliary Service of the Uniform Division; creation. ............ SB 206 State Patrol Aviators, Sgt. Charles Shirling and Sgt. Mike Ferros; commend rescue missions during floods. ................................. SR 186 State Patrol; new facility in Liberty County; land exchange. ................. SR 119 State Patrol; radio operators, license examiners; retention of badge. ......... SB 287 State Patrol; troopers; working test period; extend length of period. .......... SB 204 Training Center; allocations; Peace Officer Training Fund. .................. SB 155

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; investment authority. .............................................................. HB 662

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION Consumers' Utility Counsel; division created within Governor's Office of Consumer Affairs; employee services. ........................... HB 332 Duties Relative Expanded Local Calling Areas, Toll Free Services. ........... SB 137 Limousines Carriers; certificates to operate; permit requirements. ............ SB 14 Members; limitation of terms of office; amend Constitution. .................. SR 2 Members; limitation of terms of office; amend Constitution. .................. SR 30 Members; limitation of terms of office; amend Constitution. .................. SR 39 Members; limitation of terms of office; amend Constitution. ................. SR 161 Motor Common Carriers; certificated carriers; authority to regulate. ......... HB 609 Telecommunications; rule-making procedures; competitive alternatives. ...... SB 137 Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36 Telephones; specialized telecommunication TDD devices. .................... SB 460 Vehicles for Hire; certificated limousine carriers; requirements. ............... SB 16

PUBLIC TELECOMMUNICATIONS COMMISSION; designee to Georgia Information Technology Policy Council..................................... SB 293

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation)

Aircraft Carriers; corporate taxable income; three factor formula. ............. HB 50

Consumers' Utility Counsel; division created within Governor's

Office of Consumer Affairs. ............................ HB 332

Intercepted Communications Between Cellular Radio Telephones. ........... SB 131

Intercepting Private Communication Which Invades Privacy of Another. .... SB 74

Limousines; vehicles for hire; certificate requirements. Prefiled ............... SB 14

Local Government Authorities Registration Act; enact....................... HB 250

Motor Common Carriers; PSC certificated carriers; definitions.

HB 609

Natural Gas; heat, lighting, power purposes; siting of pipelines.

SB 24

Nuclear Power Plant Owners; decisions to ban certain employees. ........... SB 427

Petroleum Pipeline Companies; powers of eminent domain; procedures.

SB 24

Rail Passenger Authority; projects; regional or state-wide plan.

SB 322

Telecommunications and Competition Development Act of 1995; enact. ....... SB 137

Telephone Companies; monthly service rates for touch-tone phones. ........... SB 36

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INDEX

2483

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Telephones; offense of harassing phone calls; criminal penalties. ............. SB 420 Telephones; offense of harassing phone calls; penalties. ...................... HB 76 Utility Contractors; definitions applicable to plumbing systems. ............. HB 471 Vehicles for Hire; certificated limousine carriers; requirements. ............... SB 16 Vehicles Performing Work on Street or Highways; flashing lights. ........... SB 217
PURPLE HEART HIGHWAY; designate portion 1-20 within Rockdale County. ........................................................................ SR 123
PUTNAM COUNTY Ad Valorem Taxes; homestead exemption; certain leased homesteads. ....... HB 1019 Board of Education; change compensation. ................................. HB 902

Q

QUALITY BASIC EDUCATION ACT (Also See Education)

Financing Advanced Placement Exam Fees; students in private schools. ...... SB 282

Food-Processing Programs; eliminate state funding. ......................... SB 90

Funding; change program weights; instructional; beginning salaries.

HB 129

Funding Policies; education facilities which are historic landmarks. ........... SB 71

Funding Policies; student advanced placement exam fees; facilities

registered as historic landmarks. ....................................... HB 365

Grant Program; additional funding targeting at-risk students. ............... SB 214

Grants; students enrolled private high schools; AP exam testing fees. ......... SB 83

Local Fair Share; committee to study local financing alternatives. ........... SR 202

Local Fair Share Funds; alternative method to calculate. ................... SB 174

Local Fair Share; retention of funds; increased FTE student count. .......... SB 173

Lottery Proceeds; appropriation of grants to local school systems. ............ SB 445

Midterm Adjustments; program amounts for training and experience. ........ SB 175

RESA, Regional Educational Service Agencies; implement cost savings. ....... SB 62

Special Education Services; consolidate single state school for deaf. ........... SB 63

State Salaries; teachers receiving national certification. ..................... HB 678

R

RABUN COUNTY

Highway 441; design without limited access and divided median.

HR 535

Property Conveyance; Black Rock Mountain State Park; lease tract

to Currahee Paging Company for TV tower. ............................. HR 358

RADAR SPEED DETECTION DEVICES; regulatory enforcement; joint study committee. ................................................... SR 294

RAFFLES; Nonprofit, Tax-exempt Organizations; license to operate raffles. .......................................................... HB 456

RAILROADS Abandoned RR Corridors; urge Congress reauthorize TEA program. ......... SR 281
CSX Transportation, Inc.; property conveyance; Whitfield County. ........... HR 231

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2484

JOURNAL OF THE SENATE

RAILROADS (Continued) Georgia Rail Passenger Authority; members; expense allowances. ............ HB 641 Passenger Rail Service; include within definition of public roads. ............. SB 3 Rail Passenger Authority; projects; regional or state-wide plan. .............. SB 322 State Railroad Museum; Central of Georgia Railroad Shops; Savannah. ..... SB 415 Vehicles Operated by Railway Companies; motor common carrier rules. ...... HB 609 W&A Railroad; right of way; convey to adjoined property owners; Kingston, Bartow County. ...................................... HR 419 W&A Railroad; sell right of way to adjoining property owners; Kingston, Bartow County .............................................. SR 269
RANDALL, WILLIAM P. OF VALDOSTA; regrets at his passing. ........... SR 194
RAPE Accused Persons Found Mentally Incompetent to Stand Trial. ............... SB 160 Evidence; marital relationship not bar prosecution; medical exam costs; information for victims. ..................................... SB 210 Offense of Rape; include in definition of family violence offenses. ............ SB 397 Offense of Statutory Rape; offenses against females under age 16. ............ SB 57 Offenses of Statutory Rape Against Victims Under Age 16; penalties. ........ HB 377 Plea of Mentally Incompetency to Stand Trial; procedures; custody. .......... HB 627 Sexual Offenses Against Children Under Age 16; penalties. ................. SB 140 Sexually Violent Offenders; release conditions; registration program. .......... SB 53 Statutory Rape; offenses against females under age 16. ...................... SB 57
RAPER, SARAH; Girl Scout Gold Award; commend ......................... SR 342
RAY, HAROLD; Top Shooting Dog Handler; commend ....................... SR 207
RAY, SENATOR WALTER; elected Senate President Pro Tempore ........... Page 11
REAL ESTATE (Also See Property or Professions) Appraisers; review of appraisal reports; standards of conduct. ............... SB 465 Areas Zoned for Farm and Forest Activities; notice to purchasers. ........... HB 194 Brokers, Salespersons, Appraisers, Property Management, Copartnerships; licensure; classification; renewal; fees; suspension. ....................... HB 344 Commercial or Industrial Facilities; land auctions; environmental site assessment. ........................................................ SB 96 Georgia Land Sales Act; revise provisions; subdivided land sales. ............ HB 621 Intangible Recording Tax; securing long-term notes; loan transaction. ........ SB 224 Loans Secured by Real Estate or Other Collateral; bankruptcy claims. ....... SB 408 Property Sold During Taxable Year; seller and purchaser liability. ............ SB 86 Residential Property; mortgage escrow accounts; payment of interest. ........ SB 393 Sale of Property No Longer Needed for Public Roads; procedures. ............ SB 161 Time-share Act; comprehensively revise regulatory laws, instruments. .... HB 622
REAPPORTIONMENT House of Representatives; composition; change 9 districts. .................. HB 440 Senatorial District 33; change composition. ................................ SB 449
RECYCLING Abolish Market Development Council; create intergovernment council. ....... HB 148 Product Packaging; prohibited containers; nonrecyclable components. ........ SB 335
REGIONAL DEVELOPMENT CENTERS Community Business Development; undeveloped or impoverished regions. SB 404 Counties, Municipalities; contracts for regional facilities. .................... SB 126 Jobs Tax Credit; business expansion; certain distressed counties. ............ HB 336 Territorial Boundaries; 13 RDC regions; ratify, approve changes. ............ HR 323
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INDEX

2485

REGIONAL JAIL AUTHORITIES ACT; enact.

HB 345

REHABILITATION COUNSELORS; licensure; exemption; national certification. ............................................................ SB 368

REIDSVILLE, CITY OF; property conveyance; convey surplus armory site. ............................................................ HR 232

RENTAL TRANSACTIONS (Also See Landlord) Housing authorities; demand for possession; procedures upon tenants. ....... HB 258 Landlords; residential rentals; notify tenant of previous flooding. ............ HB 167 Motor Vehicles or Trailers; rental agreements not creating a lien. ........... HB 466 Rented Property; tenants' possessions; Eviction Law Study Committee. ....... SR 53 State Vehicles; commercial automobile leasing; committee to study. .......... SR 268

RESA, REGIONAL EDUCATIONAL SERVICE AGENCIES; reorganize service areas. ............................................................ SB 62

RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICTS; alcoholic beverage sales. .......................................................... HB 354

RESTAURANTS (See Food Service Establishments)

RETAIL INSTALLMENT CONTRACT OR REVOLVING ACCOUNT; delinquency charge. ..................................................... HB 219

RETffiEMENT AND PENSIONS District Attorneys' System; benefits; basic of calculating. .................... HB 592 District Attorneys' System; members; spouse benefits coverage. ............... SB 67 District Attorneys' System; retirees; private criminal law practice. ........... SB 225 District Attorneys' System; trustees; investment authority. .................. HB 662 Employees' System; benefits; members with 33 years of service. ............. SB 149 Employees' System; board of trustees; investment authority. ................ HB 662
Employees' System; contracts to administer; Superior Court Judges and District Attorneys Funds. .......................................... HB 137
Employees' System; creditable service; out-of state service. .................. SB 439 Employees' System; disability claims; time period to submit evidence. ........ HB 139 Employees' System; membership; community health service boards. ........... SB 4 Employees' System; membership; employees transferring from county
juvenile detention systems. ............................................. SB 435 Federal Civil Service Retirement Benefits; withhold state income tax. ... HB 462 Federal Retirees; state income taxes collected; refund requests. ............... HB 3 Federal Retirement Benefits; Federal Retiree Refund Act of 1995. ............ HB 90 Firemen's Pension Fund; benefits; increase monthly pension. ................. SB 91 Firemen's Pension Fund; board of trustees; change designation. ............. HB 138 Firemen's Pension Fund; dual membership; Peace Officers Benefit Fund. ... SB 163 Firemen's Pension Fund; fire departments; insurance rating standards. ...... HB 593 Firemen's Pension Fund; members; increase eligible firefighters.............. SB 186 Fiscal Retirement Bills; actuarial studies for reduction in cost. .............. HB 136 Municipal Employees System; employee contributions; limitation. ............ HB 640 OCGA Title 47; Retirement and Pensions; correct errors and omissions. ...... HB 278 Peace Officers Fund; members; state examining boards investigators. ... HB 326 Probate Court Judges Fund; benefits; redefine surviving spouse. ............. HB 483 Probate Court Judges Fund; increase time for vesting to eight years. ........ HB 484 Probate Court Judges Fund; spousal benefits; selection options. ............. HB 485 Public School Employees; board of trustees; investment authority. ........... HB 662 Public Systems; computing contributions, benefits; maximum salary. ......... HB 327 Regents Retirement Plan; board of trustees; mutual fund investments. ....... HB 172

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2486

JOURNAL OF THE SENATE

RETIREMENT AND PENSIONS (Continued) Regents Retirement Plan; employee options; mutual funds investment. ....... HB 171 Sheriffs Fund; benefits; cost of living increases. ............................ HB 266 Superior Court Judges; board of trustees; investment authority. ............. HB 662 Teachers Retirement; board of trustees; investment authority. ............... HB 662 Trial Judges and Solicitors Fund; trustees; investment authority. ............ HB 662

REVENUE AND TAXATION

Ad Valorem; airport properties split by county lines. ....................... HB 790

Ad Valorem; exemption; enterprise zones in unemployment areas. ............ SR 64

Ad Valorem; exemption; historic fraternal benefit lodge; referendum. ......... HB 399

Ad Valorem; exemption; nonprofit museum property; referendum.

HB 252

Ad Valorem; exemption; property of nonprofit museums; referendum.

HB 252

Ad Valorem; Homestead Option Sales and Use Tax Act; enact. .............. HB 108

Ad Valorem; local financing of education; committee to study options. ........ SR 202

Ad Valorem; property sold during taxable year; apportionment of taxes. ....... SB 86

Ad Valorem; property tax credit against income tax liability. ................. HB 38

Ad Valorem; separate tax treatment of property located in Enterprise

Zones; amend Constitution. ............................................. SR 63

Ad Valorem; standing timber assessment; owner harvest; average price.

HB 755

Ad Valorem; tax delinquency liens; judicial, nonjudicial foreclosure.

SB 338

Ad Valorem; tax executions for property taxes; consent to transfer.

SB 88

Ad Valorem; tax executions; selling and transferring; lot blocks;

notices; bids by land bank authorities. ................................... SB 89

Ad Valorem; taxpayer refunds; claims based upon appealable grounds.

HB 441

Ad Valorem; time for payment of taxes on vehicles and mobile homes.

SB 280

Ad Valorem; unpaid taxes due to reasonable cause; waiver of penalty. ....... HB 523

Ad Valorem; vehicles and mobile homes; time for payment; dealers. .......... HB 379

Appropriations Act; amendments increasing expenditures prohibited. ......... SR 26

Appropriations Act; supplemental acts increasing expenditures

prohibited; exceptions. ................................................. SR 251

Appropriations; general bills; limitations, expenditures, reserves. ............ SR 176

Appropriations; Labor Department; Unemployment Trust Fund withdrawal. . HB 164

Appropriations; reduction by Governor; overriding such reduction. ........... SR 175

Appropriations; SFY 1994-1995 Supplemental. ............................. HB 201

Appropriations; SFY 1995-1996 General. .................................. HB 202

Code Revision; Title 48; correct errors and omissions........................ HB 199

Delinquent Tax Collection by Contractors; unemployment tax payments. ...... SB 29

Employer Tax and Wage Reports on Domestic Employees; annual filing. ...... SB 29

Excise Taxes; applicable to Stone Mountain Memorial Association. ........... HB 475

Excise Taxes on Public Accommodations; additional authorization;

downtown development authority; contracting entities. ................... HB 419

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Mandates; National Voter Registration Act; urge funding of. ......... SR 130

Federal Mandates; unfunded liabilities; request meeting with

Congressional Delegation. ............................................... SR 71

Federal Regulatory Mandates Upon State Resources; state policy.

SB 405

Income Tax; corporate net income; apportionment formula method.

HB 50

Income Tax; credit; employer retraining programs or child care. ............. HB 336

Income Tax; credit; employing AFDC recipients; Jobs First Program.

HB 570

Income Tax; credit for portion ad valorem property taxes paid. ............... HB 38

Income Tax; credit; manufacturing facilities; investment property.

HB 336

Income Tax; credit; physicians practicing rural counties. .................... HB 524

Income Tax; exemption; contributions to medical care savings account. ....... SB 373

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2487

REVENUE AND TAXATION (Continued)

Income Tax; exemption; employers hiring or training minors. ................ SB 76

Income Tax; Federal Retiree Refund Act of 1995; enact. ..................... HB 90

Income Tax; incorporate federal provisions into Georgia tax laws.............. HB 34

Income Tax; refund claims; taxes paid by retired federal employees. .......... HB 3

Income Tax; withholding; federal Civil Service Retirement benefits. .......... HB 462

Insurance Premium Tax; surplus line brokers; quarterly reports. ............. HB 41

Intangible Recording Tax on Long-term Notes Secured by Real Estate.

SB 224

Internal Revenue Code; federal tax laws; incorporate state tax laws. ...

HB 34

Job Tax Credit; employers hiring or training certain minors. ................. SB 76

Jobs Tax Credit; eligibility; businesses; economic distressed

counties; joint development authorities. ................................. HB 336

Jobs Tax Credit; enterprise zones in underdeveloped areas. .................. SR 64

Local Government Authorities Registration Act; enact....................... HB 250

Local Government Debt Limitations; amend Constitution. .................... SR 28

Local Government; mandated expenditures; filing impact fiscal notes. ........ SB 134

Local Government; mandated expenditures; fiscal impact analysis. ........... SB 216

Local Government; mandated expenditures; General Assembly procedures.

SB 38

Motor Fuel; direct delivery into fuel tank of commercial vehicles. ............. HB 39

Motor Fuel Tax; exemption; dyed fuel oils for nonhighway use. .............. HB 510

Motor Vehicle Division; issuance of replacement license plates. .............. HB 571

Occupation Tax; brewpub operators selling malt beverages; licenses. ......... HB 374

Occupation Tax; local tax levy; business classification criterion. .............. SB 314

Occupation Taxes, Regulatory Fees Levied by Local Governments;

extensive revisions; classification; uniformity; tax credits. ................. HB 175

Property Tax Credit Act of 1995; enact. ................ HB 38

Revenue Bond Law; projects; inclusion of jail facilities. ..................... HB 349

Revenue Bonds; issuance by Regional Jail Authorities. ..................... HB 345

Revenue Bonds; maturity date; limitation of term to finance projects. ........ SB 297

Revenue Bonds; Rail Passenger Authority; redefine projects. ................ SB 322

Revenue Commissioner; duties; special license plate; Paralympic logo. ....... SB 263

Revenue Commissioner; representing State on MARTA board of directors. . SB 370

Sales Tax; exemption; off-road timber equipment; legislative intent. .......... SR 362

Sales Tax; exemption; off-road timber harvesting equipment. ................ SR 277

Sales Tax; exemption; off-road vehicle; timber harvesting equipment. ........ HB 567

Sales Tax; exemption; sales by parent-teacher organizations. ................ HB 684

Sales Tax; exemption; sales by public elementary, secondary schools. ......... SB 42

Sales Tax; special county 1%; proceeds; use for regional jails,

correctional institutions or detention facilities. ........................... HB 346

Sales Tax; special county 1%; use of proceeds; sidewalks, bicycle

paths, capital outlay projects; reimposition; ballot questions. .............. HB 161

Sales Tax; special purpose county; proceeds sharing; education. ............. SR 180

Sales Tax; special purpose county; use of proceeds for education. .....

SR 125

Sales Tax; 1% local option tax; proceeds to fund homestead exemption. ....... HB 108

Special Agents, Enforcement officers; retention of weapon and badge. ........ SB 394

State Debt; limitations; life of item financed or 20 years. .................... SR 168

State-Federal Checks and Balances; call for a Conference of States. .......... HR 280

State, Local Tax Exemption; certain imports for 1996 Olympic Games. ....... HB 398

Tax Delinquent Property; acquisition by land bank authorities; bids. .......... SB 89

Tax Executions for Ad Valorem Property Taxes; consent to transfer.

SB 88

Tax Executions; judicial sale advertisements; include street address. ...

HB 182

Taxes, Fees, Assessments Imposed by General Assembly; required vote. ....... SR 61

Taxes, Fees or Assessments Imposed by General Assembly; required vote. . SR 78

Vehicle Registration Files; ownership inquiries; law enforcement. ............ HB 185

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2488

JOURNAL OF THE SENATE

REVENUE BONDS County, Municipal Bond Elections; legal advertisements; use of funds. ... HB 417 Issuance; facilities necessary to operate jails. .............................. HB 349 Issuance; funding corrective actions at hazardous waste sites. ............... SR 128 Issuance; projects of regional jail authorities. .............................. HB 345 Local Government Authorities Registration Act; requirements. .............. HB 250 Maturity Date; limitation of term of project financed. ....................... SB 297 Rail Passenger Authority Law; projects; regional or state-wide plan. ......... SB 322 State Obligation or Guaranteed Revenue Debt; limit financing terms. ........ SR 168

RHODES MEMORIAL HALL; rental agreement; Georgia Trust for Historic Preservation, Inc. ................................................ HR 81

RICHARDSON, JENNIFER; Girl Scout Gold Award; commend .............. SR 340

RICHMOND COUNTY

Ad Valorem; school taxes; homestead exemption; senior citizens. ............. SB 164

Augusta, City of; repeal charter; consolidation with County.

....

HB 1051

Augusta-Richmond County Commission-Council; consolidation. .............. SB 350

Augusta-Richmond County Commission-Council; reorganization;

consolidation; include City of Hephzibah; transition; referendum. .......... HB 805

Augusta-Richmond County Commission-Council; unification of powers. ....... SB 390

Board of Elections and Registration; provide for. ........................... SB 424

Designate; Michael J. Padgett, Sr., Highway, in Augusta. ................... HR 189

Hephzibah, City of; repeal charter; consolidation process. .................. HB 1050

Property Conveyance; agreement to construct new license test site. .......... HR 298

Property Conveyance; lease 5-acre parcel; driver's license facility. ............ SR 102

Property Conveyance; right of way access; Gracewood School Campus. ....... SR 282

Property Conveyance; state property; sell to county subject

certain lease agreement. ............................................... SR 248

Public Schools; changing symbolic colors or mascot; procedures. ............ HB 1042

Superior Court; Augusta Judicial Circuit; additional judgeship. .............. SB 325

Superior Court; Augusta Judicial Circuit; seventh judgeship. ................ HB 236

ROBBERY AND ARMED ROBBERY (Also See Crimes) Burglary or Armed Robbery; forfeiture of vehicles, tools, weapons. ........... HB 340 Commission of Crimes Using Certain Weapons; enhanced penalties. ......... HB 308

ROBINSON, JAMES D.; World Travel/Tourism Technology Center; recognize. . SR 374

ROBINSON, SAMMY; Vietnam veteran; remarks .......................... Page 197

ROBINSON, SENATOR PETE; resignation ................................. Page 1

ROCKDALE COUNTY Board of Commissioners; advertising of bids. .............................. HB 858 Board of Commissioners; director of finance; appointment. .................. SB 401 Board of Commissioners; purchases; bids; advertisements. .................. SB 399 Board of Elections and Registration; creation. .............................. SB 364 Board of Elections and Registration; creation. .............................. HB 808 Designate; Purple Heart Highway; portion 1-20 within Rockdale County. .. . .. SR 123 Magistrate Court; county law library fees. ................................. SB 345 Magistrate Court; law library fees......................................... HB 809 Water and Sewerage Authority; creation. .................................. SB 472

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2489

ROGERS, LEROY; urge City of Tifton name Senior Center to honor. ......... SR 316

ROLAND, CARL E.; Outstanding Mental Health Professional; commend. ...... SR 50

ROOFING CONTRACTORS; State Construction Industry Licensing Board powers. .......................................................... SB 342

ROSS'S DINER IN DOWNTOWN CARTERSVILLE; commend

SR 312

ROSWELL, CITY OF; Ad Valorem; homestead exemption; certain age, income ............................................................. HB 810

ROZIER, JEANNETTE OF DEKALB COUNTY; commend

SR 375

RUCKER, REVEREND RALEIGH; NAACP Thurgood Marshall Award; commend ............................................................... SR 315

RUCKS, BRANDIE National 4-H Conference Delegate; commend .............................. SR 145 4-H American Agribusiness Summit Ambassador; commend ................. SR 144

RULES OF THE SENATE; adopted ....................................... Page 16

RURAL AREAS Agricultural Cooperative Marketing Associations; clarify powers. ............ HB 125 Community Business Development Task Force; creation..................... SR 253 Health Care for Rural and Underserved Georgians Day; recognize. ........... SR 84 Physicians Practicing Rural Counties; income tax credit; qualifying. ......... HB 524 Rural Economic Development; assistance to community based businesses. . . SB 404 Rural Hospital and Health Care Financing Study Committee; create. ........ SR 320

SAFE KIDS OF GEORGIA; President Bob Dallas introduced, remarks ............................................................... Page 629
SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)
SAILBOARDS; rules of road for boat traffic applicable. ...................... SB 111
SALES AND USE TAXES (Also See Revenue and Taxation) Exemption; manufacturing machinery, warehouse facilities. ................. HB 336 Exemption; off-road timber equipment; declaring legislative intent. .......... SR 277 Exemption; off-road timber harvesting equipment........................... HB 567 Exemption; off-road timber harvesting equipment; legislative intent. ......... SR 362 Exemption; sales by public elementary and secondary schools. ................ SB 42 Exemption; sales by tax exempt parent-teacher organizations. ............... HB 684 Homestead Option Sales and Use Tax Act; enact. .......................... HB 108 Special County 1%; purpose; capital outlay projects, regional jails. ........... HB 346 Special County 1%; use of proceeds; sidewalks, bicycle paths, capital outlay projects; reimposition; ballot questions; inapplicable exemption. ...................................................................... HB 161 Special Purpose County; proceeds sharing; county, municipal and educational purposes. ............................................... SR 20 Special Purpose County; proceeds sharing; educational purposes. ............ SR 180 Special Purpose County; use of proceeds; local educational purposes. ......... SR 125
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2490

JOURNAL OF THE SENATE

SAMPLES, AMANDA; Girl Scout Gold Award; commend .................... SR 341

SANDERSVILLE; designate Rosa M. Tarbutton Memorial Library. ........... HR 161

SAUDIS PRESBYTERIAN CHURCH, 30TH MEN'S DAY SERVICE; commend ............................................................... SR 355

SAVANNAH, CITY OF Bishop John Kevin Boland, Newly Appointed Bishop; welcoming. ............ HR 432 Most Reverend Raymond William Lessard, Bishop; commend. ............... HR 433 Port of Savannah; increase number of licensed pilots. ....................... HB 489 Savannah St. Patrick's Day Parade, Festivities, Officials; commend. ......... SR 291

SAVANNAH COLLEGE OF ART AND DESIGN (SCAD); commend ........... SR 91

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Bad Checks; deposit account fraud; complaints; service charges. ............. HB 425 Mortgage Lenders; residential property; interest on escrow accounts. ......... SB 393

SCHOOL DROPOUTS

Children Receiving AFDC Public Assistance Required Attend School. ........ SB 119

Youthbuild Program; work experience, apprenticeship training program.

SB 315

SCHOOLS (Also See Education or Colleges and Universities

or Teachers)

Administrative Positions; limit contract rights; tenue policy. ................ HB 154

American Heritage Documents; prohibit content based censorship. ........... SB 324

Charter; academic and vocational performance based contracts. .............. SB 54

Charter Schools; contracts for a special school; criteria; procedure. ........... SB 235

Compulsory School Attendance; lower mandatory minimum age to six. ....... SB 190

Correctional Facilities; special school districts; federal funds. ................ SB 228

Correctional Facilities; special school districts; federal funds. ................ HB 436

Evaluations; accreditation in lieu of evaluation; conditions.................... SB 9

Evaluations; certain accreditation in lieu of; conditions. ..................... HB 145

Facilities; local building permits, inspection fees; exemption. ................ SB 317

Facilities Registered as Historic Landmarks; capital outlay funds. ........... HB 365

Facility Requirements; registered historic landmarks; QBE funding. .......... SB 71

Federal School Lunch Program; urge remove from welfare reforms. .......... SR 179

Health Education, School Services; create commission to evaluate. ........... SR 127

High School Student Academic Credit for Community Service; urging. ..... SR 204

High School Students; community service requirements. .................... SB 196

High School Students; motor vehicle insurance premium reductions. .......... SB 21

In-school Suspension Classes; qualifications of persons in charge. ............. SB 10

Juveniles Committing Felony or Delinquent Acts; notice to officials. ....

SB 30

Local School Systems; achievement grants; evaluations; student

discipline; RESA service agencies, financing and programs. ............... HB 145

Lottery for Education Account; purpose; teacher computer training. ........... SB 46

Mathematics and Science Residence School Study Committee; create. ........ SR 333

Prescribed Courses; home economics to include parenting education. .......... SB 68

Private; advanced placement tests taken by students; payment of fees. ....... SB 282

Private High Schools; grants for advanced placement (AP) exam fees.

SB 83

Private or Home Study Programs; payment of student AP exam fees.

HB 365

Raffles; authority to operate; licensing; fees; approval by sheriff. ............. HB 456

Sales Tax; exemption; certain sales for educational purposes.

SB 42

School Facilities Construction; joint committee to study. .................... HR 417

School Holidays; urge designation of Veterans Day. ........................ SR 232

Student Academic Deficiencies Below Minimum Standards. .................. SR 25

Student Assessment Tests to Measure Performance; change provisions. ....... SB 11

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INDEX

2491

SCHOOLS (Continued)

Student Disciplinary Sanctions; enrollment in another school. ............... HB 145

Student Discipline; educators not liable for civil damages. .................. HB 134

Student-teacher Ratios; urge plans to reduce in grades K-12. ................. SR 70

Student Warranty Program; competence in reading, writing and math. ...... HB 128

Students; disciplinary problems; truancy; duty of attendance officer. .......... SB 31

Superintendents, Teachers, Counselors; sharing of information;

juvenile law enforcement, arrest records. ................................ SB 156

Teachers and Other Personnel; fraudulent credentials; penalties. ............ SB 296

Teachers, Food Service, Bus Drivers; local salary supplements. .............. SB 218

Teachers Receiving National Certification; increase state salary. ............. HB 678

Textbook Selection; actions, gifts influencing selection prohibited. ............. SB 19

Textbook Selection; methods; educators requesting approval. ................. SB 52

Textbook Selection; requests by superintendents; approval method. ........... HB 15

Textbook Selection; state board recommendation; method of approving. ...

SB 12

SCREVEN COUNTY
Designate; John R. McKinney Medal of Honor Highway. .................... HR 501 Superior Court; Ogeechee Judicial Circuit; third judgeship. ................. HB 236

SCREVEN COUNTY HIGH SCHOOL FOOTBALL TEAM; commend.

SR 234

SEAT SAFETY BELTS (Also See Motor Vehicles) Offense of Failure to Wear; occupant of vehicle operated by a minor. .......... SB 79 School Buses Employed Atlanta Public Schools; passenger seat belts. ........ SB 476

SECRETARY OF STATE Certification of Senate elections ........................................... Page 3
Corporations Administratively Dissolved; reinstatement conditions. .......... SB 138 Credit Unions; amendment to bylaws; change filing requirement. ............ SB 103 Duties; agency rules or regulations; clarify powers. ......................... SB 343 Duties; cemetery property, burial merchandise; enforce regulations. .......... SB 359 Elections; amend various provisions as to duties. ........................... SB 193 Elections; qualifying dates; notices of candidacy; drug testing. ............... SB 148 Elections; voter registration; compliance with federal Act; repeal. ............ SB 252 Elections; voter registration; compliance with federal Act; repeal. ............ SB 355 Elections; withdrawal of nominated candidates; procedures. ................. HB 111 Elections; 1996 general primary and qualifying; change dates. ............... SB 192 Limitation of Terms of Office; amend Constitution. .......................... SR 2 Limitation of Terms of Office; amend Constitution. .......................... SR 30 Limitation of Terms of Office; amend Constitution. .......................... SR 39 Limitation of Terms of Office; amend Constitution. ......................... SR 161 Nonperpetual Care Cemetery; burial space; certificate of operation. .......... SB 179 Rental Agreement; Rhodes Memorial Hall; Georgia Trust for Historic
Preservation, Inc.. ...................................................... HR 81 State Museum and State Library Study Commission; re-create. ............. HR 122

SECURITIES Corporations; insurance; persons investing funds; financial interest. ......... SB 332 Georgia Lottery Corporation; fidelity fund to cover retailer losses. ........... SB 400 Georgia Securities Act; obligations of Housing and Finance Authority. ....... HB 288 Housing and Finance Authority; projects; remove sunset provision. .......... HB 323 Insurers; capital stock or surplus; revise requirement amount. .............. HB 431 Retirement, Certain Public Systems; trustees; investment authority. ......... HB 662 State Government Entities; permitted investment of funds. ................. SB 308

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2492

JOURNAL OF THE SENATE

SELF DEFENSE Use of Deadly Force for Protection of Self or Property. ...................... SB 171 Use of Force to Defend Habitation From Unlawful Forcible Entry. ........... HB 107

SELLING AND OTHER TRADE PRACTICES

Alcoholic Beverage Vendors; training to eliminate sales to minors

or intoxicated persons; committee to study. .............................. SR 254

Alcoholic Beverages; licensees; municipal residency requirements. ........... SB 422

Copyrighted Musical Works; contracts between owners and proprietors. ...... SB 426

Firearms Dealers; licensees; handgun sales; state-wide regulation. ....

SB 106

Firearms Dealers; sale of handguns; state background check law. ............ HB 513

Handguns; pistols, revolvers; restrictions on number of purchases. ........... SB 109

Lottery Retailers; uncollectable ticket sales; securities to secure. .............. SB 400

Multilevel Distribution Companies; redefine business opportunity. ........... HB 824

Retail Business Opportunities; lease of mobile pushcarts or kiosks. .......... HB 824

Retail Businesses; pricing markup illegal during state of emergency. ......... HB 283

Retail Installment Contract or Revolving Account; delinquency charge. ....... HB 219

Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153

SEMINOLE COUNTY; Bartow Gibson Highway; designate portion State Hwy 285. ......................................................... HR 291

SENATE Budgetary Responsibility Oversight Committee; members; functions. ......... HB 233 General Assembly; jointly sponsored bills, resolutions; authorize. ............ SB 128 Inauguration; joint session of General Assembly. ............................ SR 9 Legislative Information; public distribution through GaNet/PeachNet. ......... HB 53 Legislative Information; public distribution through GeorgiaNet. ............ SB 337 Legislative Services Committee; additional member; minority leader. ......... HB 60 Legislative Services Committee; additional members; minority leaders. ........ SB 28 MARTA Overview Committee; composition; update committee names. ......... SR 40 Members and Lt. Governor; limitation of terms of office. ..................... SR 2 Members; per diem allowance; reimbursable expenses; differential. ........... HB 62 Members; unexpired terms; filling of vacancies. ............................ SR 287 Morning Roll Calls Pages 10, 42, 49, 59, 77, 86, 97, 110, 123, 135, 156, 196, 218, 238, 258, 297, 327, 450, 473, 508, 605, 628, 649, 683, 725, 757, 836, 863, 894, 929, 960, 989, 1068, 1176, 1222, 1354, 1429, 1525; 1663; 1922 Morning Roll Calls; dispensed with due to snow ........................... Page 450 Notify Governor; General Assembly convened. .............................. SR 8 Notify House of Representatives; Senate convened. .......................... SR 6 Officials, Employees, Committees ......................................... Page 17 Officials, Employees, Committees for 1995 Session. .......................... SR 7 President Pro Tempore; Senator Arthur Edge nominated ................... Page 11 President Pro Tempore; Senator Walter Ray elected ........................ Page 11 Proposed Bills Affecting Residential Housing Costs; impact statement. ........ SB 97 Roll Calls; voting machine malfunction ......................... Pages 97, 110, 667 Rules; adopt for 1995 Session. ............................................. SR 5 Rules; adopted ............................................ ............. Page 16 Rules; amend; committees holding bills or resolutions 10 days. ............... SR 56 Rules; amend; distribution of bills and resolutions. .......................... SR 27 Rules; amend; setting of calendar by Committee on Rules. .................. SR 264 Rules; amend; standing committee chairman; term limits. ................... SR 11 Secretary of the Senate; Frank Eldridge, Jr. elected ........................ Page 11 Senate amendment to HB 524 ruled not germane by Speaker ............. Page 1905 Senatorial District 33; change composition. ................................ SB 449

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INDEX

2493

SENATE (Continued) Senators-Elect; certification of election ..................................... Page 3 Senators-Elect; oath of office ............................................. Page 11 Sergeant at Arms; Matthew Hill elected ................................... Page 12 Standing Committees; appointed ......................................... Page 12 Substitute to HB 38, ruling requested of President ........................ Page 999
SENATOR BLITCH Excused due to illness .................................................. Page 629 Statement on morning roll call ......................................... Page 1223
SENATOR BROUN; statement on absence ................................ Page 672
SENATOR BURTON; excused to attend meeting .......................... Page 1606
SENATOR CAGLE Excused due to medical emergency ...................................... Page 730 Excused, morning roll call ............................................... Page 77
SENATOR CHEEKS Act as Chair of Transportation Committee ................................ Page 724 Excused to attend meeting ...................................... Pages 1304, 1583
SENATOR CROTTS Excused due to illness ................................................. Page 1717 Excused for the day ................................ Page 629 Excused to attend meeting ...................................... Pages 1397, 1525
SENATOR DAY; Excused to attend funeral ............................... Page 1024
SENATOR GRIFFIN; Statement on morning roll call ................. Pages 42, 124
SENATOR HARBISON; Excused due to emergency ....................... Page 1140
SENATOR HENSON; Excused due to illness .............................. Page 317
SENATOR HILL Excused; National Guard duty .......................................... Page 258 Excused to attend meeting ............................................. Page 1302 Statement on SR 61 .................................................... Page 187
SENATOR ISAKSON Excused due to family illness ............................................ Page 629 Excused due to medical appointment.................................... Page 1322 Excused to attend funeral............................................... Page 894
SENATOR JAMES; Statement on morning roll call ................ Pages 1356, 1526
SENATOR KEMP Excused due to illness .................................. Pages 649, 862, 929, 1355 Excused due to meeting ........................................ Pages 1808, 2031
SENATOR LAND; Statement on morning roll call ............. Page 124
SENATOR MCGUIRE Excused, medical reasons ................................................ Page 76 Statement on HB 90 ................................................... Page 149
SENATOR MIDDLETON Excused to attend a meeting ........................................... Page 1355 Statement on SB 58 vote .............................................. Page 1649
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2494

JOURNAL OF THE SENATE

SENATOR NEWBILL

Excused due to illness .................................................. Page 473

Statement on morning roll call

................... Page 1922

SENATOR OLIVER; Excused to attend meeting .......................... Page 1301

SENATOR POLLARD Act as Chair of Judiciary Committee ..................................... Page 928 Excused to attend funeral ............................................... Page 197

SENATOR RAGAN, HUGH; Withdrawal from Senate ........................ Page 2

SENATOR RALSTON Excused to attend meeting ............................................. Page 1301 Statement on morning roll call ......................................... Page 1526

SENATOR ROBINSON; Resignation ....................................... Page 1

SENATOR STARR; statement on morning roll call ........................ Page 1177

SENATOR STOKES Excused ............................................................... Page 590 Statement on morning roll call ......................................... Page 1355

SENATOR THOMAS; Excused for family reasons ......................... Page 1610

SENATOR THOMPSON; Excused, medical reasons .................. Pages 157, 863;

SENATOR TURNER; Excused due to health .............................. Page 649

SENIOR CITIZENS (See Elderly)

SENTENCE AND PUNISHMENT

Cases Involving Felonies or Misdemeanors; community service probation. . SB 78

Controlled Substances Violations; drug trafficking; nitrous oxide. ............ HB 342

Crimes Committed Using Certain Weapons; mandatory penalties. ........... HB 308

Death Penalty Appeal and Habeas Corpus Reform Act of 1995. ............... SB 80

Death Penalty Cases; juries; deadlocked sentencing verdict. ................. SB 329

Death Penalty Habeas Corpus Cases; procedural rules; time for filing. ....... SB 102

Death Penalty Habeas Corpus Reform Act of 1995; enact. ................... SB 113

Death Penalty in Capital Felony Cases; deadlocked jury verdict. ............. SB 313

Felony Crimes; plea of mental incompetency; involuntary commitment. .... HB 627

Felony Crimes; pretrial proceedings; issues of mental competency. ........... SB 160

Felony Crimes; repeat offenders using firearms; offense of riot

in a penal institution. .................................................. HB 87

Inmates Convicted of a Crime While in Prison; consecutive sentence. ........ SB 406

Judicial Proceedings; offense of sentence circumvention; penalty. ............ HB 315

Nonviolent Inmates; alternative sentencing; report of cost savings............ SR 137

Offense of Simple Battery Involving Family Violence; 3rd conviction. ......... SB 341

Offenses Involving Family Violence; orders to participate in

intervention and counseling program. ................................... SB 157

Offenses Resulting in Serious Injury or Death of a Child; punishment.

SB 396

Parolees, Probationers; new offenses of physical injury or threats.

HB 509

Persons Committing Certain Offenses Ineligible Probation Boot Camp. ....... SB 285

Persons Violating Child Support or Alimony Orders; diversion program. ....... SB 7

Probation Detention and Diversion Centers; who shall be sentenced.

SB 230

Sexual Offenses Against Children; increased penalties; incarceration. ........ HB 377

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INDEX

2495

SEWARD, MRS. MAKLON E.; recognizing. ................................. SR 165

SEWERAGE (See Waste Management)

SEXUAL OFFENSES Aggravated Sexual Battery; prior convictions; limit granting of bail. .......... SB 81 Child Abuse; admissible evidence; certain statements made by child. ......... SB 124 Child Physical or Sexual Abuse; evidence; testimony of physician. ........... HB 290 Commission of Certain Offenses; acts of family violence; redefine. ............ SB 397 Offenses Against Children; increased penalties; Child Protection Act. ........ HB 377 Offenses Against Children Under Age 16; rape, molesting, enticing. .......... SB 140 Offenses Against Females Under Age 16; rape, child molestation, solicitation for indecent purposes. ........................................ SB 57 Persons Committing Certain Offenses Ineligible Probation Boot Camp. ....... SB 285 Rape or Aggravated Sodomy; evidence; marital relationship not bar prosecution; medical exam costs; information for victims. .............. SB 210 Sexual Harassment in Work Environments; prohibited actions. .............. SB 268 Sexually Violent Offenders; release conditions; registration program. .......... SB 53

SHADY DALE, CITY OF; new charter. ......................... HB 898

SHEFTALL, WILLIS, SR,; expressing regrets at his passing. ................ SR 285

SHEPHERD, ANNE ELIZABETH, HOME FOR CHILDREN, 150TH Anniversary; commend. ................................................ SR 203

SHERIFFS (Also See Law Enforcement) Arrest Powers When Felony Crimes Committed in Presence of. .............. SB 183 Cash Bonds; deposits in interest-bearing accounts; cross-references. .......... HB 198 County Officers; employing individual legal counsel; circumstances. .......... HB 605 Duties; custodial authority; compliance, crime victim notification. ............ HB 170 Duties; judicial sale advertisements; include street address. ................. HB 182 Jailing of Prisoners in Another County; pretrial criminal procedure. ......... HB 347 Licensing, Regulating Nonprofit Organizations to Operate Raffles. ........... HB 456 Notices of Sex Offender Conviction Data and Resident Address. .............. SB 53 Powers; contracts for regional facilities. ................................... SB 126 Qualifications; peace officer registration or certification. ...................... SB 84 Regional Jail Authorities; functions; management; county agreements. ....... HB 345 Retirement Fund; benefits; periodic cost of living increases. ................. HB 266

SHIPP, BILL; commend. ................................................... SR 41

SKIRLING, SGT. CHARLES, STATE PATROL AVIATOR; flood rescues; commend. .............................................................. SR 186

SHOPLDTTING; Theft; increase maximum property value for a misdemeanor. ......................................................... SB 386

SILVER-HAIRED LEGISLATURE; commend

SR 82

SKANDALAKIS, MITCH; Fulton County Commission Chairman; introduced ............................................................. Page 127

SLAPP BILL; Civil Actions; improper claims relative public issue,concerns. .......................................................... SB 1

SMALL BUSINESSES Community Business Development Task Force; creation..................... SR 253 Georgia Institute for Community Business Development; creation. ........... SB 404 Small Employer Health Benefit Plans; benefits, exclusions, coverages. ........ SB 220

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2496

JOURNAL OF THE SENATE

SMITH, OTIS W. SMITH, M.D.; commend ................................. SR 353
SMOKE-FREE CLASS OF 2000; commend ................................. SR 43
SMOKING (See Tobacco Products or No-smoking Regulations)
SMYRNA, CITY OF; ad valorem; delinquent tax; interest, penalty waiver. ......................................................... HB 995
SOCIAL CIRCLE; mayor, council; election districts; term; qualification. ............................................................ SB 474
SOCIAL SERVICES (Also See Human Resources or Public Assistance or Domestic) AFDC Program; information sharing; child support state registry. ............ HB 72 Child Abuse; DFACS investigations; evidence; registry of abusers. ........ HB 155 Child Placement; hard-to-place adoptions; financial assistance. .............. HB 253 Child Support; contempt proceedings; failure to pay; legal defense. ........... SB 61 Children and Families; services coordination, community partnership. .... SB 256 Children and Youth Services Department; accepting donations, gifts. ........ HB 646 Developmentally Disabled Persons; programs affecting; state planning. ....... SB 239 Disabled Persons; creation of discretionary trusts; study committee. ......... SR 290 Economically Disadvantaged Youth; skills training Youthbuild Program. ... . . SB 315 Elderly and Disabled; task force to study transportation needs. ............... HR 95 Georgia Policy Council for Children and Families Act; enact. ................ SB 256 Medicaid; contracts; hospital authorities operating managed health care plans or networks. ......................................... HB 765 Medicaid; purchasing of pharmaceutical drugs; restrictions. ................. SB 300 Persons with Developmental Disabilities; family support program. ........... HB 262 Public Assistance; AFDC benefits; both parents living in home; wages. ....... SB 379 Public Assistance; AFDC child recipients; LEARNFARE pilot program. ...... SB 298 Public Assistance; AFDC grants; children required attend school. ............ SB 119 Public Assistance; AFDC money payment terminated after certain date. ... SB 383 Public Assistance; AFDC money payments; additional birth of a child. ....... SB 382 Public Assistance; AFDC parent; income considerations; man in house. ...... SB 378 Public Assistance; AFDC recipients; assignment to wage-paying jobs. ........ HB 570 Public Assistance; AFDC recipients; PEACH Employment Services. .......... SB 388 Public Assistance; AFDC recipients under age 18; live parent's home. ........ SB 380 Public Assistance; AFDC recipients; Work for Welfare Program. ............. SB 384 Public Assistance; AFDC; teenage recipients; school attendance. .............. SB 13 Public Assistance; estimated costs; survey and statistical summary........... SB 381 Public Assistance or Food Stamps; overpayments; fair hearings; ineligible future benefits. .............................................. SB 446 Vocational Rehabilitation; delete "handicap"; insert "disability". ............. HB 601 Vocational Rehabilitation; delete "handicap"; insert "disability". ............. HB 653 Work for Welfare Program; implement statewide; require participate. ........ SB 384
SOCIAL WORKERS (Also See Counselors or Professions); licensees; records of alleged incapacitating condition. ....................... HB 273
SODOMY, OFFENSE OF (Also See Sexual Offenses) Evidence; marital relationship not bar prosecution; medical exam costs; information for victims. ..................................... SB 210 Sexually Violent Offenders; release conditions; registration program. .......... SB 53
SOLICITORS ASSOCIATION OF GEORGIA; members; Family Violence Commission. ............................................................ SB 115
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INDEX

2497

SOLID WASTE (See Waste Management or Hazardous Materials)

SOLID WASTE REDUCTION STUDY COMMITTEE; creation.

SR 265

SOUTH FULTON COUNTY LEGISLATIVE DAY AT THE CAPITOL; recognizing. ............................................................ SR 246

SOUTH GWINNETT HIGH SCHOOL Basketball Team; Commend. ............................................. SR 330 Mock Trial Team; commend. ............................................. SR 357

SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT; enact. ........................................................................ SB 387

SOUTHWELL, JUDGE J.W. OF SUMTER COUNTY; commend.

SR 58

SPALDING COUNTY-GRIFFIN CHARTER AND UMFICATION COMMISSION; creation. ........................................... SB 419

SPEED REGULATIONS Radar Speed Detection Devices; joint committee to study regulations. ........ SR 294 Speed Limit Restrictions; provide for signage; minimum penalties. ............ SB 48 Speed Limits; approval by DOT Traffic Operations; detection devices. ........ SB 320

ST. MARYS; historic properties; urge National Park Service reject certain plans. ..................................................... HR 316

STAGGERED TAG SALES (Also See Motor Vehicles or License Plates)

Owner's Registration Period; birth month; 4 and 12-month systems. ...

HB 379

Owner's Registration Period; birthdate; 12-month staggered system. ......... SB 245

Owner's Registration Period; birthdate; 12-month staggered system. ......... SB 280

STALKING, OFFENSE OF Aggravated Stalking; bail restrictions; no appeal bond. ..................... HB 413 Aggravated Stalking; violation of peace bond, protective order. .............. HB 415 Criminal Offense of Stalking; evidence; witnesses; spousal testimony. ........ SB 234 Family Violence; change definition. ....................................... SB 397
Persons Convicted Ineligible Incarceration in Probation Boot Camp. ......... SB 285

STANCH,, JENNIFER; National 4-H Delegate; commend .................... SR 143

STANDARD TELEPHONE COMPANY; utility line easements; certain counties. ........................................................................ SR 118

STATE AGENCIES

Actions Contesting Agency Rules, Regulations; commencement period. ....... SB 101

Archives and History, Department; remove duties relative to Indians. ........ SB 266

Audit Reports; personnel salary, expense; expand entities who report. ........ HB 578

Building Authority, Georgia; designate Pete Hackney Parking Facility. ....... HR 368

Child Support Recovery Interagency Agreement; noncomplying licensees. .. SB 227

Child Support State Registry; information sharing. .......................... HB 72

Children and Youth Services Department; accepting donations, gifts. ........ HB 646

Consumers' Utility Counsel; new division within Governor's Office. .......... HB 332

Contractors of Revenue Department; collectors of delinquent taxes. ....

SB 29

Contracts; minority participation; increase bid opportunities. ................. SB 73

Contracts; purchases of goods and services; make or buy analysis. ........... SB 407

Contracts With Institute for Community Business Development. ............ SB 404

Corrections Department; prison management; 5-year strategic

plans, alternatives; outcomes based budgeting system; report. ............. SR 137

Council on Developmental Disabilities; designated state agency. ............. SB 239

Documents Filed or Recorded Must Be in Official English Language. .......... SB 49

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2498

JOURNAL OF THE SENATE

STATE AGENCIES (Continued)

Employee Wage Deduction; transit passes; certain professional dues. ........ HB 473

Employees; grievances; claims of unfair treatment; procedures. .............. SB 356

Employees Labor Relations; collective bargaining procedures. ............... SB 275

Employees; political activity; grievances, uniform filing procedures. .......... SB 133

Employees; wage incentives; ineligibility; abusive public behavior. ........... SB 213

Expenditure of Funds; prohibition; activities or behavior inconsistent

with state laws. ....................................................... HB 694

Federal Regulatory Mandates Upon State Resources; state policy. ........... SB 405

Firefighter Standards and Training; change duties of officials. ............... SB 199

Georgia Policy Council for Children and Families; creation. ................. SB 256

GeorgiaNet Authority; public distribution of legislative information. ......... SB 337

Information Technology; council created to develop strategic plans. .......... SB 293

Labor Department; withdrawals from Unemployment Trust Fund. ......... HB 164

Natural Resources Department; wildlife conservation license plates.

.... SB 205

Privatization of State Governmental Services Study Committee; create. ...... SR 117

Proposed Rule Adoption; prohibit during certain time period. ................ SB 451

Proposed Rules Affecting Residential Housing Costs; impact statement. ..... SB 97

Public Health; create new state department and board. ..................... HB 528

Public Safety Department; authority of commissioner; create

special Auxiliary Service of State Patrol Uniform Division. ................ SB 206

Purchasing; emergency purchasing in a declared state of emergency. ......... HB 288

Regulatory Mandates; budgetary impact upon local governments. ............ SB 134

Relocation of Operations; notice to counties; economic impact study. ......... SB 150

Sexual Harassment in Work Environments; prohibitions; posting signs. ...... SB 268

State Buildings and Vehicles, committee to study efficient use of. ............ SR 268

Vehicles Owned by the State; five-year period for license plates. ............. HB 601

STATE AND LOCAL GOVERNMENT PARTNERSHIP ACT OF 1995; enact. ........................................................................ SB 134

STATE COURTS County Judicial Officers; insurance and retirement benefits.................. HB 217
Criminal Cases; additional fines for victim assistance programs. ............. SB 114 Judges; appointment as judge pro tempore of Juvenile Courts. .............. SB 141 Judgments; enforcement; deferred partial payments. ....................... SB 434
Jury Trials; jury selection; transfer of venue; change provisions. ............. HB 704

STATE DEBT; Investment of Funds by State Entities; permitted investments. ............................................................ SB 308

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees

or Merit System)

Consumers' Utility Counsel; transfer of personnel to new division. .......... HB 332

Drug Testing of Applicants for State Employment; requirements. ............. SB 22

Education Department; authority of State School Superintendent. ............ SB 20

Education Department; authority of State School Superintendent. ............ SB 26

Employee Grievances; uniform filing procedure and right to file.

SB 133

Employee Grievances; uniform 4-step procedure and requirements. .......... SB 356

Employees Personnel File; termination records disclosure. .................. HB 214

Employment Probationary Period; length of working test period............. SB 204

Governmental Vehicles; five-year period for license plates. .................. HB 601

Health Insurance Plan; add Georgia Housing and Finance Authority. ........ HB 382

Labor Relations; collective bargaining, unions; state commission on. ......... SB 275

Motor Vehicle Expenses Using Personal Vehicle; reimbursement rate. ........ HB 474

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INDEX

2499

STATE EMPLOYEES (Continued)

Payroll Deductions; mass transit passes; certain professional dues. .......... HB 473

Peace Officer and Prosecutor Training Funds; disbursements. ............... SB 155

Political Activity; listing of permitted and prohibited activities. .............. SB 133

Retirement or Pensions; maximum salary allowed in computation of. ........ HB 327

Retirement System; authority to invest in certain corporations. .............. HB 662

Retirement System; creditable service; out-of state service. .................. SB 439

Retirement System; disability claims; time period to submit evidence. ........ HB 139

Retirement System; membership; certain mental health employees. ........... SB 4

Retirement System; service allowance; 33 years of service. .................. SB 149

Revenue Agents, Enforcement Officers; entitled retain weapon, badge. ....... SB 394

State Agencies; prohibited expenditures; certain activity, behavior.

HB 694

State Agencies Proposing to Relocate Operations; economic impact. .......... SB 150

State Patrol; former troopers; special part-time auxiliary service.

SB 206

State Patrol; radio operators, license examiners; retention of badge.

SB 287

Wage Incentive Payments; ineligible due to acts of public abuse. ............ SB 213

STATE GOVERNMENT (Also See individually named state agencies)

Agriculture; Farmers and Consumers Market Bulletin; contributions to.

SB 374

Appropriations Act; supplemental acts increasing expenditures

prohibited; amend Constitution. ........................................ SR 251

Appropriations; annual budget; requiring 50% for education. ................. SR 46

Appropriations; general bills; limit expenditures, mandated costs.

SR 176

Appropriations, General; SFY 1995-1996. .................................. HB 202

Appropriations; Labor Department; Unemployment Trust Fund withdrawal. HB 164

Appropriations, Supplemental; SFY 1994-1995. ............................ HB 201

Audits; cost analysis of expenditures mandated by legislation. ................ SB 38

Audits; impact notes; legislation affecting housing affordability.

SB 97

Audits; operations of state park and recreational authorities.

HB 120

Audits; personnel reports of state government entities. ..................... HB 578

Audits; preaward audits for Transportation Department contracts. ........... HB 328

Audits; statistical costs summary; public assistance benefits. ................ SB 381

Board of Community Affairs; regional development centers; ratify

and approve territorial boundaries. ..................................... HR 323

Budgetary Responsibility Oversight Committee; members; functions. ......... HB 233

Children and Youth Services Department; accepting donations, gifts.

HB 646

Claims Against the State; ALonzo Key; compensate. ......................... HR 80

Claims Against the State; Carrie Fletcher; compensate.

HR 102

Claims Against the State; Charlotte Brandenburg; Carrie Fletcher;

compensate. .......................................................... HR 172

Claims Against the State; Five Star Dodge, Inc.; William H.

Clark; compensate. .................................................... HR 319

Claims Against the State; Robert T. Cramer; compensate.

HR 277

Claims Against the State; Sue F. Condrey; compensate. ...................... HR 78

Claims Against the State; William H. Clark; compensate.

HR 100

Consumers' Utility Counsel; create division within Governor's Office.

HB 332

Contractors of Revenue Department; collectors of delinquent taxes.

SB 29

Contracts; free enterprise participation process; competitive system.

SB 407

Contracts; minority contractors; increase bid opportunities.

SB 73

Designate; Denmark Groover, Jr., Hospital; new prison hospital. ............. HR 21

Designate; Pete Hackney Parking Facility; new GBA parking lot.

HR 368

Elected Officers; limitation of terms; amend Constitution. .................... SR 30

Elected Officers; limitation of terms of office; amend Constitution.

SR 161

Elected Officers; limitations of terms of office. ............................... SR 2

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2500

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Emergency Management, Southern Regional Compact; enact. ............... SB 387

Employees; disqualification; positive testing for illegal drug use. .............. SB 22

Employees; labor relations; collective bargaining procedures. ................ SB 275

Employment, Education or Contracts; prohibit preferential treatment. ........ SB 82

Federal Mandates; claiming State sovereignty under Tenth Amendment. ... SR 308

Federal Mandates; Georgia Sovereignty Resolution of 1995. .................. SR 1

Federal Mandates; unfunded liabilities; request meeting with

Congressional Delegation. ............................................... SR 71

Federal Regulatory Mandates Upon State Resources; state policy. ...

SB 405

Georgia Fire Academy and the Firefighter Standards and Training

Council; reassignment of duties. ........................................ SB 199

Georgia Institute for Community Business Development; creation. ........... SB 404

Georgia Policy Council for Children and Families; creation. ................. SB 256

GeorgiaNet Authority; public distribution of legislative information. ......... SB 337

Governor's Council on Developmental Disabilities; creation. ................. SB 239

Higher Education Assistance Corporation; purpose; findings. ................ SB 363

Housing and Finance Authority; state employees' health insurance. .......... HB 382

Information Technology Policy Act of 1995; enact. .......................... SB 293

Investment of Funds by State Entities; permitted investments. .............. SB 308

James H. "Sloppy" Floyd Veterans Memorial Building; WWII display. ......... HR 55

Littering Public Property or Waters; increase penalty fines. ......... HB 174

Lottery Corporation; ticket sale losses; retailer fidelity fund. ................ SB 400

Lottery Proceeds; Construction Reserve Trust Fund for new projects. ........ HB 129

Lottery Proceeds; disposition; grants to local school systems. ................ SB 445

Lottery Proceeds; grants, scholarships; persons with disabilities. ............. SB 158

Lottery Proceeds; purposes; financing teacher computer training. ............. SB 46

Lottery Proceeds; scholarships; public assistance recipients. ................. SB 432

Motor Vehicle Expense Reimbursement; change reimbursement rate. ........ HB 474

Motor Vehicles; efficient use of; leasing; study committee. ................... SR 268

OCGA; delete term "handicap"; insert term "persons with disabilities

or disabled"; government vehicles, 5-year license plates. .................. HB 601

OCGA; delete term "handicap"; insert term "persons with disabilities;

remove accessibility barriers to public facilities. .......................... HB 653

Office Space Lease Rates; Automobile Usage, Leasing; study committee. ...... SR 268

Official American Indian Tribe; Southern Band Cherokees and Creeks. ........ SB 41

Official American Indian Tribe; Southern Bank Cherokees and Creeks. ....... SB 123

Official State Flag; change design and description. .......................... SB 44

Official State Language; designate English. ................................. SB 49

Official State Railroad Museum; Central of Georgia RR Shops; Savannah. . . . . SB 415

Privatization of Correctional Services; report to General Assembly. .......... SR 137

Privatization of State Governmental Services Study Committee; create. ...... SR 117

Property Conveyance; Bartow County; W&A Railroad right of way. .......... SR 269

Property Conveyance; Bartow County; W&A Railroad right of way. .......... HR 419

Property Conveyance; Carroll, Whitfield and Stephens Counties. ............ HR 231

Property Conveyance; Chatham County Regional Youth Detention Center. . . SR 131

Property Conveyance; City of Moultrie; convey surplus state property. ....... SR 159

Property Conveyance; Clay, Ware Counties; leases; golf facilities. ............ SR 257

Property Conveyance; Colquitt County; old Forestry Headquarters;

convey to Board of Education. .......................................... SR 160

Property Conveyance; confirm ownership of armory site; Cartersville. ......... SR 19

Property Conveyance; convey armory site to City of Reidsville. .............. HR 232

Property Conveyance; easement; Baldwin, Cobb, Towns, Walker Counties. . . . . SR 113

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INDEX

2501

STATE GOVERNMENT (Continued)

Property Conveyance; exchange of property; MARTA and World

Congress Center International Plaza ..................................... HR 49

Property Conveyance; Georgia School for the Deaf old campus;

convey to Cave Spring; U.S. Highway 41; annexation by City of Acworth. . . HR 155

Property Conveyance; Georgia School for the Deaf old campus;

grant annexation by City of Cave Spring. ................................ HR 159

Property Conveyance; lease to Gwinnett/Rockdale/Newton Creative

Enterprises, Inc. ...................................................... SR 226

Property Conveyance; Liberty County; new State Patrol facility. ............. SR 119

Property Conveyance; Milledgeville; surplus land; sell by competitive

bid; repeal certain Acts. ................................................ HR 334

Property Conveyance; Possum Poke Roadside Park to City of Poulan. ........ HR 388

Property Conveyance; Richmond County; agreement; license test site.

... HR 298

Property Conveyance; Richmond County; convey certain leased property. ... SR 248

Property Conveyance; Richmond County; lease of 5-acre parcel. ............. SR 102

Property Conveyance; Richmond County; right of way; Gracewood School. .. . . SR 282

Property Conveyance; State Farmers Market Shed; extend lease

to Pelham Development Corporation..................................... HR 335

Property Conveyance; Stephens County; National Guard facility. ............ HR 351

Property Conveyances; Counties of Clarke, Clayton, Habersham,

Hart, Laurens, Mclntosh, Walker and White; utility easements. ........... SR 118

Property Conveyances; leases; Black Rock Mountain State Park,

West Point Lake and Fort Yargo State Park. ............................ HR 358

Public Facilities; display of POW-MIA flag on November 11 each year. ........ SB 25

Public Health Department; create; transfer certain DHR functions. .......... HB 528

Public Initiative Petition and Referendum Process. .......................... SR 60

Public Initiative Petition Process; amend Constitution. ...................... SR 4

Public Initiative Petition Process; amend Constitution. ...................... SR 23

Public Initiative Petition Process; amend Constitution. ...................... SR 66

Public Initiative Petition Process; amend Constitution. ..................... SR 115

Public Initiative Petition Process; amend Constitution. ..................... SR 236

Public Issues, Concerns; improper claims against persons addressing. ..... SB 1

Public Officials; State Transportation Board and Rail Passenger

Authority members; expense allowances. ................................ HB 641

Public Records; location of sensitive historic or natural areas;

limited disclosure restrictions. .......................................... SB 170

Public Safety; auxiliary service within state patrol; creation. ................ SB 206

Purchasing During a Declared State of Emergency; powers. ................. HB 288

Purchasing Pharmaceutical Drugs from Certain Sellers; restrictions. ......... SB 300

Rail Passenger Authority; projects; regional or state-wide plan. .............. SB 322

Retirement Bills; amendments having fiscal impact; requirements. ........... HB 136

Retirement or Pensions; maximum salary allowed in computation of. ........ HB 327

Revenue Commissioner; designate person to serve MARTA board. ........... SB 370

Rhodes Memorial Hall; state-owned property; rental agreement. .............. HR 81

Secretary of State, Office of; powers; agency rules or regulations. ............ SB 343

Sexual Harassment in Work Environments; prohibitions; posting signs. ...... SB 268

State Agencies; actions contesting agency rules; commencement.............. SB 101

State Agencies; prohibited expenditures; certain activity, behavior.

... HB 694

State Agencies; proposed rule adoption; prohibit during certain time. ........ SB 451

State Agencies; relocation of operations; economic impact study. ............. SB 150

State and Local Government Partnership Act of 1995; enact. ................ SB 134

State Debt; term limitations; life of item financed or 20 years. ............... SR 168

State Employees; grievances; uniform four-step filing procedures. ............ SB 356

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2502

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

State Employees; personnel file; termination records; sanctions

for abusive acts toward public. ......................................... HB 214

State Employees; political activities; grievance filing procedures. ............ SB 133

State Employees; probationary period; working test period length. ........... SB 204

State Employees; wage deductions; transit passes; professional dues.......... HB 473

State Employees; wage incentive sanctions; abusive public behavior. ......... SB 213

State-Federal Checks and Balances; call for a Conference of States. .......... HR 280

State Indemnification Fund; compensable claims; applications;

eligible persons. ....................................................... SB 353

State Park Authorities; legislative committee to review operations. .......... HB 120

State Properties Commission; director; MARTA board designee. ............. SB 370

State Properties Commission; membership; organization; secretary. .......... HB 576

State Registry; Local Government Authorities Registration Act. ............. HB 250

State Symbols; designate Georgia as Poultry Capital of the World. ........... HB 594

State Symbols; official fruit; designate the peach. .......................... HB 559

State Symbols; official sorghum syrup festival; Blairsville. .................. HR 156

State Symbols; official state crop; designate the peanut. .................... HB 124

State Symbols; Year of the Family in Georgia; designate 1995. ............... SR 29

Taxation; miscellaneous exemptions; inapplicable local sales tax. ............ HB 161

Taxes, Fees, Assessments Imposed by General Assembly; required vote.

SR 61

Taxes, Fees or Assessments Imposed by General Assembly; required vote.

SR 78

Technology Related Assistance Trust Fund; revolving loan program. ......... SB 295

Transfer of Property from Development Authorities; limitations. ............. HB 363

Transportation Commissioner; designate person to serve MARTA board. ... .. SB 370

Vehicles Owned by the State; license plates; five-year period................. HB 601

Water Resources; state-owned marshland; leases for marinas or docks. ....... HB 389

STATE OF THE STATE; Governor address joint session .................... Page 62

STATE PATROL (See Public Safety Department or Law Enforcement)

STATE PROPERTIES COMMISSION (Also See Property Conveyances

or State Government)

Director; MARTA board designee. ......................................... SB 370

Membership; organization; quorum; secretary.

HB 576

STATE SYMBOLS Official State Crop; designate the peanut. ................................. HB 124 Official State Flag; change design and description. .......................... SB 44 Official State Fruit; designate the peach. .................................. HB 559 Official State Language; designate English. ................................. SB 49 Official State Railroad Museum; Savannah Central of Georgia RR Shops. . . . . SB 415 Official State Sorghum Festival; designate festival in Blairsville. ............ HR 156 Officially Designate Georgia as Poultry Capital of the World. ................ HB 594 Year of the Family in Georgia; designate 1995. ............................. SR 29

STATESBORO; officers, employees; duties; bonds; oaths; committees. .....................:....................................... HB 979

STEPHENS COUNTY Board of Education; conveyance of surplus national guard property. ......... HR 231 Board of Education; conveyance of surplus national guard property. ......... HR 351

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INDEX

2503

STEPHENS, JILL; National 4-H Delegate; commend. ....................... SR 142
STEWART COUNTY Board of Education; districts; nonpartisan elections. ........................ HB 385 Transfer of Assets, Liabilities of the City of Omaha. ........................ HB 386
STONE MOUNTAIN JUDICIAL CIRCUIT; superior court; judges; compensation. .......................................................... HB 823
STONE MOUNTAIN MEMORIAL ASSOCIATION Membership; projects; master plan; development restrictions; report. ......... HB 120 Use of Facilities and Alcoholic Beverage Sales; excise taxation. .............. HB 475
STRICKLAND, KEESHA; sang National Anthem in Senate ............... Page 1182
STUDY COMMITTEES (See Committees, Study)
SUIT, HAL; expressing regrets at his passing ............................... SR 300
SUMNER, TOWN OF; new charter; corporate boundaries. ................... HB 817
SUMTER COUNTY; Board of Commissioners; change compensation. .......... HB 442
SUNNYSIDE, CITY OF; Rights and Options; county-wide consolidation. ...... SB 419
SUPERIOR COURTS (Also See Courts or Judicial Circuits) Alcovy Judicial Circuit; judge; salary supplement; cost-of-living. ............ HB 1023 Alcovy Judicial Circuit; judges; salary supplement. ......................... SB 466 Alcovy Judicial Circuit; third judgeship. ................................... SB 278 Alcovy Judicial Circuit; third judgeship. ................................... HB 236 Augusta Judicial Circuit; additional judgeship. ............................. SB 325 Augusta Judicial Circuit; seventh judgeship. ............................... HB 236 Bail in Cases Involving Aggravated Stalking; restrictions. ................... HB 413 Bail in Cases Involving Serious Violent Felony and Prior Conviction. ......... SB 81 Clerks; duties; docket and index power of attorney documents. .............. SB 144 Cobb Judicial Circuit; district attorney; investigators, assistants. ............ HB 985 Cobb Judicial Circuit; eighth judgeship. ................................... SB 264 Cobb Judicial Circuit; eighth judgeship. ................................... HB 236 Cobb Judicial Circuit; investigators, assistant DAs; compensation. ........... HB 949 Cobb Judicial Circuit, Joint Study Committee on Pilot Projects. ............. HR 260 Conasauga Judicial Circuit; fourth judgeship. .............................. SB 221 Conasauga Judicial Circuit; fourth judgeship. .............................. HB 236 County Officers; employing individual legal counsel; circumstances. .......... HB 605 Court Bailiffs; compensation; increase maximum per diem. .................. SB 257 Coweta Judicial Circuit; fifth judgeship. ...................... HB 236 Criminal Cases; additional fines for victim assistance programs. ............. SB 114 District Attorneys; additional assistant DAs; crime victim advocate. ......... HB 178 District Attorneys; employing assistant DAs; number in each circuit.......... HB 231 District Attorneys; retirement benefits; computation basis. .................. HB 592 Douglas Judicial Circuit, Joint Study Committee on Pilot Projects............ SR 274 Fees for Services in Family Violence Cases; inclusive amount. ............... HB 498 Fees for Services in Family Violence Cases; total sum of fees. ............... SB 117 Gwinnett Judicial Circuit; pilot projects; joint committee to study. ........... HR 384 Judges; chief judge; powers; duties; trial and grand jurors. .................. HB 704 Judges; compensation, create state commission on. .......................... SR 97 Judges Retirement Fund; Employees' Retirement System to administer. ..... HB 137 Judges Retirement; trustees; investing in certain corporations. .............. HB 662 Judges; temporary assistance to appellate courts. .......................... SB 279 Jury Trials; jury selection; transfer of venue; change provisions. ............. HB 704
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2504

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Lookout Mountain Judicial Circuit; court reporters; compensation. ........... HB 821

Macon Judicial Circuit; fifth judgeship. .................................... HB 236

Northern Judicial Circuit; third judgeship. ................................ HB 236

Notaries Public; filing of performance bond. ................................ SB 403

Ogeechee Judicial Circuit; third judgeship. ................................ HB 236

Piedmont Judicial Circuit; additional judgeship. ............................ HB 236

Real Estate and Property Records; automated information system.

SB 114

Sheriffs; qualifications to take office; peace officer certification. ............... SB 84

Stone Mountain Judicial Circuit; judges; salary supplement. ................ HB 823

Toombs Judicial Circuit; judges; local salary supplement. ................... SB 462

Western Judicial Circuit; third judgeship. ................................. SB 306

Western Judicial Circuit; third judgeship. ................................. HB 236

SUPREME COURT Chief Justice Willis B. Hunt, Jr.; message to General Assembly. .............. HR 17 Justice Hugh Thompson; oath of office to Senate ........................... Page 11 Justices and Appellate Judges; invite General Assembly Session. ............. HR 16 Justices; compensation, create state commission on. ......................... SR 97 Retired Justice Harold G. Clarke; name parkway for; Monroe County. ....... HR 437

SURETY BONDS

Beauty Pageants in Which Prizes are Offered; bond requirements. ........... SB 232

Lottery Retailers; uncollectable ticket sales; securities to secure. ...

SB 400

Nonpublic Postsecondary Educational Institutions; property bonds.

SB 305

Notaries Public; execution of performance bonds; amount. ................... SB 403

TALBOT COUNTY; Board of Education; members; compensation; insurance. .. HB 317

TALIAFERRO COUNTY; superior court; judges; salary supplement. ......... SB 462

TARBUTTON, ROSA MCMASTER; name regional library in her honor. . .. . . HR 161

TASK FORCE ON VIOLENCE IN THE MEDIA; creation.

SR 196

TATTNALL COUNTY Board of Elections; creation. .............................................. HB 123 Cobbtown, City of; new charter; recreate and reincorporate. ................. HB 624 Property Conveyance; armory site; convey to City of Reidsville. .............. HR 232

TATTNALL SQUARE ACADEMY FOOTBALL TEAM; commend

SR 98

TAX COLLECTORS, COMMISSIONERS Ad Valorem; tax liens; delinquent properties; foreclosure procedure. ......... SB 338 Ad Valorem; unpaid taxes due to reasonable cause; waiver of penalty. ....... HB 523 County Officers; employing individual legal counsel; circumstances. .......... HB 605 Tax Delinquent Properties; tax executions; change procedures. ............... SB 89 Tax Executions; advertisements; street address of real property. ............. HB 182

TAX EXECUTIONS

Ad Valorem; delinquent properties; tax liens; foreclosure sale.

SB 338

Delinquent Ad Valorem Property Taxes; consent to transfer. ................. SB 88

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INDEX

2505

TAX EXECUTIONS (Continued) Delinquent Properties; bids by land bank authorities; transfers. .............. SB 89 Judicial Sales; legal advertising; computing allowable rates.................. HB 581
TAXATION (See Revenue and Taxation)
TAYLOR COUNTY Taylor County Building Authority; creation. ............................... HB 811 Taylor County Water and Sewerage Authority; creation. .................... HB 814
TEACHERS (Also See Education) Certificated Personnel; exemption from certain written testing. .............. SB 429 Computers and Distance Learning Network Training Financed by Lottery. .... SB 46 Contracts; tenure policies; school administrative positions. .................. HB 154 Disciplinary Actions; findings of Professional Practices Commission. ......... SB 294 Disciplinary Actions; hearings; Professional Practices Commission. .......... SB 281 Employment; fraudulent credentials, certification; criminal penalty. .......... SB 296 Employment; vacancies; performance evaluations; disciplinary actions. ..... SB 281 In-school Suspension Classes; qualifications of persons in charge. ............. SB 10 Instructional Periods; class sizes; maximum student-teacher ratio. ........... SB 212 QBE Formula; beginning salaries; visiting teachers, special ed. .............. HB 129 Retirement; membership; options for employees of University System. ....... HB 171 Retirement System; board of trustees; investment authority. ................ HB 662 Salary Schedules; local supplements; limit decrease from prior year. ......... SB 218 State Funds; prohibits expenditures; certain activities or behavior. ........ HB 694 State Salary Increased Upon Completion of National Certification............ HB 678 State Schools for the Deaf and Blind; operation of; employee status. ......... HB 406 Student Disciplinary Actions; not liable civil damages; counsel. .............. HB 134 Student-teacher Ratios; urge plans to reduce in grades K-12. ................. SR 70 Textbooks; selection method; educators requesting approval. ................. SB 52 Training in the Use of Technology; commission to study resources. ........... SR 122
TECHNICAL AND ADULT EDUCATION Adult Offenders in Correctional System; jobs skills training. ................ SB 228 Adult Offenders in Correctional System; jobs skills training. ................ HB 436 Endorse Programs Between Institutions and University System. ............. SR 76 High School Students; enrollment in postsecondary institutions. .............. SB 47 Postsecondary Institutes; teacher computer training; lottery funds. ........... SB 46
TEEN CURFEW BILLS Curfew Violations; detention holding facility for unruly children. ............ HB 498 Persons Under Age 18; prohibit driving at night during certain hours. ...... SB 79
TELECOMMUNICATIONS (Also See Public Utilities) Broadcasts, Telecasts; permission to use public safety nomenclature. ......... HB 212 Computer Networks; unlawful communications relative illegal weapons or terroristic acts. .............................................. HB 76 Electronic Trace Devices Decoding Telephone Numbers; use by police. ...... HB 341 Electronic Trace Devices Identifying Numbers Dialed; use by police. ......... HB 340 Headphones, Headsets; firefighters operating a vehicle. ...................... SB 48 Intercepted Communications; cellular radio telephones; unlawful use. ........ SB 131 Intercepting Private Communication Which Invades Privacy of Another. .... SB 74 Law Enforcement Communications; urge statewide 800 MHZ radio system. . .. SR 319 Task Force on Violence in the Media; evaluate impact on children. .......... SR 196 Telecommunications and Competition Development Act of 1995; enact. ....... SB 137 Telephone Caller ID Service; disclosing unpublished lines. ................. SB 137 Telephone Classified Advertising Directories; deceptive practices. ............ SB 361
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2506

JOURNAL OF THE SENATE

TELECOMMUNICATIONS (Continued) Telephone Companies; monthly service rates for touch-tone phones. ........ SB 36 Telephone Solicitation; high pressure selling; urge regulation of. ............. SR 298 Telephones; bonded telephone hunting license agents. ...................... HB 277 Telephones; offense of harassing phone calls; criminal penalties. ............. SB 420 Telephones; offense of harassing phone calls; criminal penalties. .............. HB 76 Telephones or Other Electronic Devices; recording of testimony. ............. SB 283 Telephones; specialized telecommunication TDD devices; distribution. ........ SB 460

TENNYSON, NANCY; Mental Health Community Service Award; commend. . SR 48

TERM LIMITATIONS Amend Constitution; congressional and state officers. ....................... SR 161 Amend Constitution; county, municipal officers, boards of education. .......... SR 3 Amend Constitution; General Assembly and other elected officers. ............ SR 30 Amend Constitution; General Assembly and other officers. ................... SR 2 Amend Constitution; General Assembly, Congress, state officers. ............. SR 39 Amend Constitution; General Assembly; 4-term limit. ....................... SR 35 Amend Constitution; General Assembly; 6 terms or 12 years. ................ SR 36 County, Municipal Elected Officers; limit to 12 consecutive years............. SB 340

TERRELL ACADEMY FOOTBALL TEAM; commend.

SR 94

THEFT Criminal Offenses Involving Trade Secrets, Burglary or Armed Robbery. .... HB 340 Shoplifting; misdemeanor offenses; increase maximum property value. ....... SB 386 Stolen Driver's License; free police report, replacement of license.............. SB 37 Trade Secrets Acquired by Deceitful Means; define; prosecution. ............. SB 418 Trade Secrets; redefine; include customers and suppliers information. ...... SB 316

THERAPISTS

Marriage and Family; licensure; change training requirements............... SB 188

Massage Therapists; create state board to regulate; licensure. ........

SB 452

Psychotherapy; mental health care; patient privileged communications. ...... SB 223

Rehabilitation Counselors; licensure; exemption; certification. ............... SB 368

THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; commend. ............................................................... SR 49

THOMAS GROVE BAPTIST CHURCH 125TH ANNIVERSARY; commend SR 192

THOMPSON, HUGH; Supreme Court Justice; oath of office to Senate ................................................................. Page 11

THUNDERBOLT; town council; powers; municipal officers, employees. ........ SB 430

THURMAN, JO; Northwest Home Health Agency; commend. ................. SR 198

TICKET BROKERS AND SCALPERS; licensing; reselling admission tickets. HB 516

TIFTON, CITY OF; Urge Naming of the Leroy Rogers Senior Citizens Center.......................................................... SR 316

TIGNALL, TOWN OF; municipal court; misdemeanor offenses; penalties. .... HB 856

TIMBER

Ad Valorem Taxes Upon Owner Harvests; assessment. ..................... HB 755

Off-Road Harvesting Equipment; exempt sales tax; legislative intent. ........ SR 277

Off-Road Harvesting Equipment; exempt sales tax; legislative intent. ........ SR 362

Off-Road Timber Harvesting Equipment; sales tax exemption.

HB 567

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INDEX

2507

TIME-SHARE ACT; comprehensively revise regulatory laws, instruments. ............................................................ HB 622

TOBACCO PRODUCTS Cigarettes; sales to minors; false identification; intent to deceive. ............ SB 198 Correctional Facilities; urge designate outside smoking areas. ............... SR 304 Leaf Tobacco; warehousemen; Georgia Tobacco Marketing Act of 1995. ....... HB 163 Smoking, Use of Tobacco Products Prohibited in Places of Employment. ...... SB 236

TODD, JENNIFER; Girl Scout Gold Award; commend ....................... SR 338

TOOMBS JUDICIAL CIRCUIT; Superior Court; judges; local salary supplement. ...................................................... SB 462

TOORCHEN, JOHN OF CLEVELAND; artistic creations; commend.......... SR 103

TORTS

Actions for Sexual Harassment in the Work Environment. .................. SB 268

Civil Practice; venue and jurisdiction over nonresident defendants. .......... SB 231

Landlords; liability; failure notify tenant of previous flooding. ............... HB 167

Limit Liability of Persons Acting in Good Faith During Emergencies. ........ HB 530

MARTA Vehicles; liability for injured riders; medical insurance. ............. SB 436

Negligence; liability for malicious acts of minor; property damage.

SB 255

Privileged Communications; right to free speech; improper claims.

SB 1

TOURISM; hotel-motel excise tax; additional authorization; conditions. .............................................................. HB 419

TOWING, WRECKER SERVICES; abandoned vehicle reports; ownership inquiry. ................................................................ HB 185

TOWNS COUNTY; Property Conveyance; easement; Blue Ridge EMC Corporation. ....................................................... SR 113

TRADE SCHOOLS Nonpublic Postsecondary Education Commission; change organization. ....... SB 305
Nonpublic Postsecondary Education; tuition equalization grants. ............ HB 228 Tuition Equalization Grants at Professional or Business Schools. ............ SB 362

TRADEMARKS, SERVICE MARK OR TRADE NAMES Trade Secrets; information made in environmental compliance reports. ....... SB 244 Trade Secrets; offense of theft; definitions; penalties; litigation. .............. SB 418 Trade Secrets, offense of theft; prosecutions; penalties. ..................... HB 340 Trade Secrets; redefine; include information on customers, suppliers. ........ SB 316

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION (Also See Highways or Public Utilities)

Aged and Disabled Transportation Task Force; recreate. ..................... HR 95

Airports; Heart of Georgia Regional Airport Authority; creation. ............ HB 1002

Commercial Fleet Vehicles; motor fuel deliveries from transport tank. ........ HB 39

Department and Commissioner Shackelford; flood emergency response. ...... SR 307

Department; contracts; statistics; architectural, engineering firms. ........... HB 328

Department; flood emergency recovery efforts; commend. .................... SR 214

Designate; Arthur Langford, Jr., Memorial Parkway; Atlanta. ................ SR 44

Designate; Bartow Gibson Highway; Seminole County. ..................... HR 291

Designate; Benson Ham Road; 1-75 frontage road; Monroe County. ....

HR 438

Designate; Charles Hardy Parkway; Paulding County. .....

SR 15

Designate; Charles Hardy Parkway; Paulding County. ....................... HR 94

Designate; Harold G. Clarke Parkway on S.R. 18, Monroe County. ........... HR 437

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2508

JOURNAL OF THE SENATE

TRANSPORTATION (Continued)

Designate; Robert L. Brown Bridge; State Hwy 60, Fannin County. ........... SR 67

Designate; James Cecil Harper, Jr., Bridge; S.R. 32 west of Nicholls. ......... HR 276

Designate; J.L. Turner Bridge; Route 90, Macon County...................... SR 12

Designate; John R. McKinney Medal of Honor Highway; Screven County. . . . . HR 501

Designate; Lake Oconee Parkway; State Highway 44. ....................... HR 79

Designate; Michael J. Padgett, Sr., Highway in Augusta. ................... HR 189

Designate; M.L. King, Jr. Drive; State Highway 333, Brooks County. ........ HR 160

Designate; Old Milton Parkway and the Old Milton County Bridge;

Ga. highway 120; Alpharetta; Fulton County. .................... HR 195

Designate; Private Lucy Matilda Gauss Bridge; Coffee County. .............. HR 233

Designate; Purple Heart Highway; portion 1-20 within Rockdale County. ... .. SR 123

Designate; Veterans Parkway; certain portion Interstate 85 North. ........... SR 85

Designate; Wade R. Milam, Jr., Bridge; Highway 109, Troup County. ........ HR 304

Designate; Wade R. Milam, Jr. Bridge, Hwy 109 over West Point Lake. ... SR 132

Designate; Walter E. Cox Parkway; Ga. Hwy 1 and U.S. Hwy 27............. HR 448

Federal Highway Funds; urge reauthorize ISTEA and TEA program. ........ SR 281

Highway 441 in Rabun County; design restrictions; limiting access. .......... HR 535

Highways; developmental road corridors; east-west addition;

remove Outer Perimeter. ................................................ SB 2

Highways; outdoor advertising; directional information signs. ............... SB 319

Highways; outdoor advertising signs; tree or vegetation cutting. ............. SB 169

Highways; outdoor advertising; tree trimming permits; fees. ................ SB 321

Highways; trucks hauling certain commodities; maximum weight allowed. HB 490

Highways; welcome centers; operation of automated teller machines. ....

HB 147

MARTA; board of directors; chairman, members; compensation.

SB 310

MARTA; board of directors; members representing the State; designee. ...... SB 370

MARTA Overview Committee; composition; Senate designations. ............. SR 40

MARTA Stations; residential, commercial zoning; minimum acreage.

SB 254

MARTA Transit Passes; permit state employee payroll deductions. .......... HB 473

MARTA Vehicles; liability for injured riders; medical insurance. ............. SB 436

Motor Common Carriers; PSC certificated carriers; regulation of. ............ HB 609

Poultry Industry; transporting feed grains from Midwest; study of. .......... SR 278

Property Conveyance; Brooks County; easement to Mrs. Jane B. McLane.

HR 174

Rail Passenger Authority; members; per diem; travel costs. ................. HB 641

Rail Passenger Authority; projects; regional or state-wide plans. ............. SB 322

Road Construction, Maintenance; include bicycle paths, rapid

transit and passenger rail service. ....................................... SB 3

Roads, Highway Maintenance; urge programs for use of inmate labor.

SR 90

Speed Limit Restrictions; streets and highways; construction sites. ........... SB 48

Speed Limits; approval by DOT Traffic Operations; detection devices.

SB 320

State Board; members; per diem; travel costs reimbursement. ............... HB 641

Truck Weights; scale tolerances; urge uniformity among states. ............. SR 242

U.S. Highway 41; City of Acworth; consent to annex portion. ................ HR 155

Vehicle Lengths; certain loads of wood products exceeding 60 feet. ........... HB 511

Vehicles; excess maximum length; single-trip emergency permits.

HB 717

Vehicles; excess weight, loads; single-trip emergency permits.

SB 318

TRANSPORTATION BOARD, STATE Frank Pinkston elected member .......................................... Page 79
Johnny Gresham elected member ......................................... Page 78

TRANSPORTATION COMMITTEE, SENATE; Senator Cheeks act as Chair ................................................................. Page 724

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INDEX

2509

TRAUMA RESPONSE SYSTEM PLANNING; patient triage, transport, treatment. .............................................................. SR 139
TREE FARMERS, NATIONAL OUTSTANDING; commend Kirby and Lynda Beam ................................................................ Page 1182
TRESPASS, CRIMINAL; when husband or wife compellable to give evidence. ........................................................... SB 234
TRIAL JUDGES AND SOLICITORS RETD3EMENT FUND; investment authority. .............................................................. HB 662
TRIALS, PRETRIAL PROCEEDINGS Capital Felonies; death penalty cases; sentencing, deadlocked juries. ......... SB 329 Capital Felonies; death penalty cases; sentencing, deadlocked jury verdict; expenses, reimbursement to counties. ....................... SB 313 Criminal; crime victim's rights and role in proceedings. ..................... HB 170 Felony Cases; venue changes; pleas; discovery provisions; witnesses. ......... HB 627 Felony Cases; witnesses; disclosure of personal information. ................. SB 272 Juries in Cases Where Government Opposing Party; powers of jurors. ....... SB 311 Juror Selection; lists; oaths; contempt of court; challenges; facilities for empaneling; transfer of venue; jury commissioners. ........... HB 704 Plea of Mental Incompetency to Stand Trial; commitment of defendant. ....... SB 94 Plea of Mental Incompetency to Stand Trial in Felony Cases. ............... SB 160
TROUP COUNTY Board of Education; terms; change length. ................................. HB 482 Designate; Wade R. Milam, Jr. Bridge, Hwy 109 over West Point Lake. ...... SR 132 Property Conveyance; West Point Lake; sublease; park development. ........ HR 358 Superior Court; Coweta Judicial Circuit; fifth judgeship. .................... HB 236 West Point Lake; Maple Creek site; sublease for park development. .......... SB 425
TROUT WATERS Soil Erosion Controls; home construction activities; buffer zones. ............ SB 375 Soil Erosion Controls; land-disturbing activity; buffer requirements. ......... HB 350
TRUBEY, MRS. JANE A.; recognizing ..................................... SR 326
TRUCKS Commercial Drivers; DUI; administration of chemical or breath tests. ........ HB 610 Commercial Motor Vehicles; operator disqualifications. ..................... SB 288 Commercial Motor Vehicles; operator disqualifications; violations. ............ HB 70 Commercial Vehicles; violations; driver records; points accumulation. ........ HB 255 Trailers Used Logging, Hauling Farm Products; license plates. .............. HB 571 Transportation of Freight and Passengers; PSC certificated carriers. ......... HB 609 Truck Weights; scale tolerances; urge uniformity among states. ............. SR 242 Vehicle Hauling Certain Commodities; change maximum weight allowed. . . . . HB 490 Vehicle Lengths; certain loads of wood products exceeding 60 feet. ........... HB 511 Vehicles; excess maximum length; single-trip emergency permits. ............ HB 717 Vehicles; excess weight, loads; single-trip emergency permits. ............... SB 318 Vehicles Standing in Street or Highways; flashing light requirements. ....... SB 217
TUBERCULOSIS, CONTAGIOUS; treatment compliance; involuntary confinement. ............................................................ HB 454
TUMLIN FAMILY; commemorative marker at Etowah Mounds State Historic Site. ............................................................ SR 18
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2510

JOURNAL OF THE SENATE

TURNER, J. L.; name new bridge in Macon County for. ...................... SR 12
TWIGGS COUNTY; Board of Education; election districts. ................... HB 983
TWO-STRIKES LAWS Felony Crimes; repeat offenders using firearms; life imprisonment. ... HB 87 Persons Charged Serious Violent Felony; prior conviction; limit bail. .......... SB 81
TYBEE ISLAND, CITY OF Corporate Limits. ....................................................... SB 477 New Charter; boundaries; city manager; referendum. ....................... SB 458

u

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)
UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)
UNIONS AND LABOR RELATIONS; Public Employees Labor Relations Act. . SB 275
UNIVERSITY OF GEORGIA Poultry Research Center; Henry Massey Pavilion; commend designation. . . . . . SR 267 Zeier, Eric; UGA outstanding student-athlete; commend. ..................... SR 31
UNIVERSITY SYSTEM OF GEORGIA (Also See Colleges or Education or Regents Board) Academic Recognition Day; commend Outstanding Scholars. ................ SR 350 Administration of Institute for Community Business Development. .......... SB 404 Appropriations; state funds for education; budget requirement. ............... SR 46 Chancellor; membership; Information Technology Policy Council. ............ SB 293 Computer Access to General Assembly Activities via GaNet/PeachNet. ........ HB 53 Computer Access to Legislative Data from GeorgiaNet via PeachNet. ........ SB 337 Educators Technology Training Commission; creation. ...................... SR 122 Employees; Regents Retirement Plan; mutual fund investments. ............ HB 172 Employees; retirement options; Regents Plan, invest in mutual funds. ....... HB 171 Endorse Efforts to Coordinate Programs with Technical Institutions. .......... SR 76 Personnel Salary, Expenses; every unit furnish to state auditor. ............. HB 578 Research Services; Georgia Future Communities Commission. ............... HR 324
UPSON COUNTY Board of Commissioners; compensation. ................................... HB 846 Board of Commissioners; county administrator; appointment. ............... HB 906 Board of Commissioners; election districts; reapportion. ..................... HB 451 Probate Court; judge; nonpartisan elections. ............................... HB 984
U.S. GOVERNMENT (See Federal Government or Congress)
USED CARS, DISMANTLERS, SALVAGE Liens on Vehicles or Trailers; exclude certain adjusted rental price. .......... SB 127 Odometers; tampering; consumer transactions; federal regulations. .......... SB 284 Used Car Dealers; sales or leases; disclose to purchaser other liens. .......... SB 153 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; enact. ................................................ HB 335
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INDEX

2511

UTILITIES (See Public Utilities and Transportation)

VAUGHAN, JACK; urge designate new building at Chattahoochee Technical Institute in honor of. ........................................... SR 111
VETERANS AFFAIRS (Also See Military Affairs) Designate; Purple Heart Highway; portion 1-20 within Rockdale County. . . . . . SR 123 Education Grants; surviving children of veterans or National Guard. ........ SB 247 Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ....... SB 347 Handicapped Parking Privileges; veterans awarded Purple Heart. ............ SB 92 License Plates; special; WWII veterans who served Eighth Air Force. ........ SB 203 POW Flag; urge display by cities and counties. ............................. SR 37 State and County Facilities; display of POW-MIA flag on November 11. ....... SB 25 Veterans Day; urge designation as a public school holiday. .................. SR 232 Veterans Parkway; designate certain portion Interstate 85 North. ............ SR 85 World War II Commemorative Display; James H. "Sloppy" Floyd Veterans Memorial Building. ............................................ HR 55
VETOES BY GOVERNOR 1994 session ............................................................ Page 19 1994 session; line item, general appropriations ............................. Page 21
VICKERS, MARLA; National 4-H Scholarship; commend .................... SR 141
VICTIMS OF CRIME Crime Victims' Bill of Rights; enact. ...................................... HB 170 Family Violence; access to law enforcement investigation reports. ............ SB 397 Local Victim Assistance Programs; approval; additional fines to fund. ........ SB 114 Notification; release of juveniles charged with designated felonies. ........... SB 156 Presence at Judicial Proceedings; order of testimony of witnesses. ........... SB 110 Protection of Rights; duties of assistant district attorneys. .................. HB 178
VIDALIA ONIONS; marketing season; date; packing, grading requirements. ........................................................... HB 208
VIDEO RECORDINGS, MOVIES, VCRS Cameras, Sound-recordings; recording of testimony in civil actions. .......... SB 283 Videotapes; law enforcement officer witnesses; admissible evidence. .......... SB 444
VIOLENCE IN THE MEDIA; impact on children; task force to evaluate. ...... SR 196
VITAL RECORDS Cemetery Caskets or Vessels; identity of persons interred. ................... SB 43 Death; persons authorized to pronounce; coroner or deputy coroner. .......... HB 508 Deceased Persons; permanently affixed identity; funeral operators. .......... HB 246
VOLKOV, ALEXANDER; Prime Minister, Russian Udmurt Republic; introduced ............................................................. Page 135
VOLUNTARY ALCOHOLIC BEVERAGE RESPONSIBLE VENDOR TRAINING Programs;study committee; creation. ..................................................... SR 254
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2512

JOURNAL OF THE SENATE

VOTING, VOTER REGISTRATION Amend Provisions; elector lists; oaths; sites to receive ballots. ............... SB 193 Elections; polling places; spouses occupying voting booth together. ........... SB 189 National Voter Registration Act, 1993; financial burden to state. ............ SR 130 Poll Officers; chief manager; increase per diem; certain counties. ............ HB 636 Repeal Certain Provisions Unless Provided Federal Money to Fund. ......... SB 252 Repeal Certain Provisions Unless Provided Federal Monies to Fund. ......... SB 355 Voter Registrars; change minimum compensation. .......................... SB 194
Voting; absentee electors; caregivers to the physically disabled. .............. HB 153

w

WAGES; state employees; deductions; transit passes; professional dues. ..... HB 473

WALKER COUNTY Property Conveyance; grant easement for sanitary sewer line. ............... SR 118 Property Conveyance; telecommunication line easement; ALLTEL Georgia. SR 113 Superior Court; court reporters; salary compensation. ...................... HB 821

WALTON COUNTY Superior Court; Alcovy Judicial Circuit; judge; compensation. .............. HB 1023 Superior Court; Alcovy Judicial Circuit; judge; salary supplement. ........... SB 466 Superior Court; Alcovy Judicial Circuit; third judgeship. .................... SB 278 Superior Court; Alcovy Judicial Circuit; third judgeship. .................... HB 236
Walton County Commission on Children and Youth; clarification. ............ HB 629

WARE COUNTY; property conveyance; state-owned golf course; approve lease. .......................................................... SR 257

WAREHOUSEMEN; Georgia Tobacco Marketing Act of 1995; maximum charges. ........................................................................ HB 163

WARM SPRINGS; Pine Mountain; designate trail to honor D. Neal Wickham. ......................................................... HR 261

WARNER ROBINS, CITY OF Ad Valorem Taxes; homestead exemption; senior citizens. ................... HB 869
Corporate Limits; change. ................................................ HB 950

WARREN COUNTY; Superior Court; Toombs Circuit; judges; salary supplement. ...................................................... SB 462

WASHINGTON, CITY OF-WILKES PAYROLL DEVELOPMENT AUTHORITY; powers. .................................................. HB 854

WASHINGTON COUNTY

Designate; Rosa M. Tarbutton Memorial Library in Sandersville.

..... HR 161

Golden Hawks Football Team; commend ................................... SR 89

WASTE MANAGEMENT (Also See Hazardous Materials or Landfills
or Natural Resources) Atlanta; R. M. Clayton Plant wastewater; alternative to tunnel plan. ........ SR 376 Dry Cleaning Solvent Wastes; corrective actions at hazardous sites. .......... SB 56 Intergovernmental Solid Waste Coordinating Council; creation. .............. HB 148
Junkyards, Salvage Yards; location restriction; screening compliance. ........ SB 302 Local Government Authorities Registration Act; enact....................... HB 250

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INDEX

2513

WASTE MANAGEMENT (Continued) Motor Fuel Deliveries Directly Into Vehicle Tank; spillage controls. ........... HB 39 Municipal Sewage Sludge or Sold Waste; landfills site restrictions. ........... SB 32 Pollution Control; product packaging; nonbiodegradable prohibited. .......... SB 335 Recycling, Solid Waste Reduction, Environmental Education Council. ........ HB 148 Solid Waste Handling Facilities; public or private; landfill permits; intergovernment, regional authorities; pollution reduction. ........ HB 148 Solid Waste; landfills sites; restrictions within certain areas. ................. SB 32 Solid Waste Reduction Study Committee; creation. ......................... SR 265 Waste-water; sludge residue; disposal sites located other counties. ........... SB 267 Water Quality; land-disturbed areas; erosion control requirements. .......... SB 375 Water Quality; land-disturbing activities; best management practices. ....... HB 350

WATER, DR. JAMES W. (JIMMY); Baptist Ministry; recognizing ............. SR 325

WATER QUALITY AND WATER SUPPLY ALTERNATIVE FINANCING STUDY Committee. .................................................... SR 191

WATER RESOURCES, PORTS AND WATERCRAFT

Boat Safety Study Committee; creation. .................................... SR 86

Boats; offense of homicide, feticide, serious injury; penalties. ................ SB 111

Chattahoochee River; Atlanta wastewater discharge; alternative plan. ....... SR 376

Chattahoochee River; phosphorus discharge units; variance deadline. ........ SR 345

Code Revision; Title 52; correct errors and omissions, ....................... HB 199

Dams Operated by Federal Agencies; safety inspection exemption. ........... SB 385

Erosion and Sedimentation Control Review Panel; commend ................ SR 318

Fishing; commercial boats; restrict issuance of new licenses. ................ SB 104

Flooding by Rivers, Streams, Drainage Ditches; notice to tenants.

..... HB 167

Game Fishing; named water, streams; lures; bait; hours; trout season. ....... SB 201

Georgia International and Maritime Trade Center Authority; creation. ....... HB 914

Littering Public or Private Property or Waters; increase fines. ............... HB 174

Rivers, Streams; restrict location of junkyards and salvage yards. ........... SB 302

Solid Waste Facility Siting; suitable land area; high water tables. ............ SB 32

Surface and Ground Waters; withdrawal, diversion; permits for use. ......... SB 202

Tidewaters and Navigable Waters; permits for structures; time period.

SB 442

Vessels; pilots, pilotage; licensing; fees; number for certain ports. ............ HB 489

Waste-water; sludge residue; disposal sites located other counties. ........... SB 267

Water Development and Conservation; regional use plans; provide for. ....... SB 202

Water Pollutants; construction activities; soil erosion controls. ............... SB 375

Water Pollutants; land-disturbing activities; permits; violations. ............. HB 350

Water Pollution; dry cleaning solvent wastes; corrective actions. .............. SB 56

Water Quality and Water Supply Alternative Financing Study Committee. . . . SR 191

Water Resources; state-owned marshland; leases for marinas or docks. ....... HB 389

Waters; crabbing activities; commercial crab fishermen licensing. ............ HB 264

WAYCROSS, CITY OF; change corporate limits. ............. HB 865

WEAPONS (See Firearms or Guns or Crimes)

WEBB, CARLTON; National 4-H Scholarship; commend ..................... SR 140

WEBSTER COUNTY; Board of Commissioners; office of treasurer abolished. . HB 905

WELFARE (See Social Services or Human Resources or Public Assistance)

WEST LAKE GOLF CLUB, POWDER SPRINGS; urge development approval. ............................................................... SR 157

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2514

JOURNAL OF THE SENATE

WEST POINT LAKE
Designate; Wade R. Milam, Jr., Bridge; Troup County. ..................... HR 304 Maple Creek Site; park facilities; sublease for private development. .......... SB 425 Property Conveyance; sublease 1,200 acres; recreational development. ....... HR 358

WESTERN JUDICIAL CIRCUIT
Superior Court; additional judgeship; coequal jurisdiction. .................. HB 236 Superior Court; third judgeship; Clarke and Oconee Counties. ............... SB 306

WESTLAKE HIGH SCHOOL CONCERT CHOIR; sang inspirational song ................................................................. Page 1222

WHITE COUNTY
Board of Commissioners; re-create. ...................................... HB 1040 Property Conveyance; grant easement to Habersham EMC Corporation. ...... SR 118

WHITFIELD COUNTY
Board of Commissioners; staggered terms; referendum. ..................... SB 371 Property Conveyance; W & A Railroad right of way for industrial site. ....... HR 231 Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... SB 221 Superior Court; Conasauga Judicial Circuit; fourth judgeship. ............... HB 236

WICKHAM, D. NEAL; designate portion Pine Mountain Trail to honor. ....... HR 261

WILDLIFE
Wild Alligators; feeding or baiting with food items unlawful. ................ HB 401 Wildlife Conservation and Habitat Acquisition Fund License Plates. ......... SB 205

WDLKES COUNTY Magistrate Court; chief magistrate; nonpartisan election. ................... HB 855 Probate Court; judge; nonpartisan elections. ............................... HB 857
Superior Court; Toombs Judicial Circuit; judges; salary supplement. ......... SB 462 Washington-Wilkes Payroll Development Authority; powers; projects. .... HB 854

WILLIAMS, LARRY, STATE TROOPER; commend

SR 366

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Code Revision; Title 53; correct errors and omissions. ....................... HB 199

Estates; bankruptcy proceedings; exemption; funds in IRA accounts. ......... HB 221

Federal Estate Taxes; urge Congress increase exemption amount. ........... HR 290

Guardian Commissions; beneficiary U.S. Department Veterans Affairs. ....... SB 347

Guardians; financial power of attorney, naming agent; statutory form.

SB 105

Power of Attorney Documents; agency relationships; execution; filing. ........ SB 144

Statutory Form, Financial Power of Attorney, Naming Person as Agent.

SB 145

Trusts for Disabled Persons; committee to study establishment of. ........... SR 290

WINDER, CITY OF Property Conveyance; Fort Yargo State Park; lease for fire station. .......... HR 358
Property Conveyance; lease of fire tower site; Fort Yargo State Park. ........ HR 234

WINE (See Alcoholic Beverages)

WIREGRASS GEORGIA PARKWAY; celebrating official designation. ........ SR 205

WHIETAPPING Cellular Radio Telephones; intercepted communications; unlawful use. .... SB 131
Law Enforcement Investigations; use of electronic trace devices. ............. HB 341 Police Surveillance of Organized Crime Activities; trace devices. ............. HB 340

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INDEX

2515

WOMEN IN STATE LEGISLATURES; 100th year; recognize and commend. HR 459

WOMEN'S HISTORY MONTH; designate March, 1995. ..................... HR 382

WOMEN'S ISSUES

Abortion; Woman's Right to Know Act; informed consent. ................... SB 327

Breast Cancer Treatment; bone marrow transplants; health insurance.

HB 369

Osteoporosis Prevention and Treatment Education Act; enact. ............... HB 558

Osteoporosis Prevention and Treatment Education Program; provide. ........ HB 433

Sexual Harassment in the Work Environment; prohibitions. ................ SB 268

WOODARD, GLEN P.; expressing regrets at his passing. .................... SR 133

WOOLSEY, TOWN OF; new charter; recreate and reincorporate.

HB 867

WORK FOR WELFARE PROGRAM OR WORKFARE

AFDC Recipients; assignment to wage-paying job; Jobs First Program.

HB 570

AFDC Recipients; participation required; implement state-wide. ............. SB 384

PEACH Employment Services Program; demonstration projects.

SB 388

WORKERS' COMPENSATION

Assigned Risk Insurance Plan; apportioning rejected policies; rates.

SB 326

Benefits; claims; fraud investigations; false advertising; subrogation liens; corporate exemptions; compensable injury, death cases.

SB 323

Benefits; claims services; Truth in Advertising Act of 1995. ................. HB 596

Benefits; fraud investigations; subrogation; medical reports, charges; corporate exemptions. ......................................... HB 596

Benefits or Payments; false or misleading statement; penalties. ............. SB 301

Coverage While Performing Olympic Voluntary Service Without Pay.

HB 106

Employer's Liability for Medical Charges; compensable claims.

SB 323

Group Self-insurance Funds; extensive revision of requirements.

SB 286

Olympic Games Volunteers; coverage for performing service without pay.

SB 17

Self-insurers Guaranty Trust Fund; assessment of fund participants; audits; hospital authorities as self-insurers. ............................. HB 579

State Board; establish fraud and compliance unit; powers; duties.

HB 596

Subsequent Injury Trust Fund; assessments; redirect deposits. .............. SB 323

Subsequent Injury Trust Fund; joint committee to study ADA impact. ....... SR 247

Subsequent Injury Trust Fund; redirect funds to general treasury. ........... HB 596

Temporary Help Contracting Firms and Employee Leasing Companies.

SB 331

Treatment of Injuries; billing errors by medical services providers............ SB 441

WORLD CONGRESS CENTER; International Plaza; exchange property with MARTA ............................................................ HR 49

WORTH COUNTY; property conveyance; Possum Poke Roadside Park; Poulan. .................... HR 388

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2516

JOURNAL OF THE SENATE

WRECKERS (See Towing, Wrecker Services) WYGODA, SYLVIA; Chairman of Holocaust Commission; introduced ......... Page 894

YEAR OF THE FAMILY IN GEORGIA; designating 1995. ................... SR 29

YEARGIN, CHARLES W.

Urge Name Academic Building to Honor; Athens Tech, Elbert County.

SR 270

Urge name building to honor; Athen Tech, Elbert County. .................. HR 497

ZEIER, ERIC; UGA Outstanding Student-athlete; commend .................. SR 31

ZONING (Also See Property)

Actions Impacting Neighboring Counties; multijurisdictional review.

.... SB 270

Atlanta Urban Enterprise Zones; change minimum acreage requirement. ... .. SB 254

Local Government; property rezoning; reconsidering defeated actions. ........ SB 215

Refer to numerical index for page numbers

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
SPECIAL SESSION
Commenced at Atlanta, Georgia, Monday, August 14, 1995 and adjourned Tuesday, September 12, 1995
1995 Atlanta, Georgia

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, AUGUST 14, 1995

2525

SPECIAL SESSION

Senate Chamber, Atlanta, Georgia Monday, August 14, 1995 First Legislative Day
Pursuant to a proclamation by His Excellency, Governor Zell Miller, the Senate met in Special Session in the Senate Chamber at 10:00 A.M. this day, and was called to order by Lieutenant Governor Pierre Howard, President of the Senate.
The following Proclamation and amended Proclamation by His Excellency, Governor Zell Miller, convening the General Assembly of Georgia in Special Session, were read by the Secretary:
BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION CONVENING THE GENERAL ASSEMBLY
OF GEORGIA IN SPECIAL SESSION

WHEREAS:

The Governor is empowered by Article V, Section II, Paragraph VII of the Constitution of Georgia to convene a special session of the General Assembly, stating and thereby limiting its purposes; and

WHEREAS:

The Supreme Court of the United States has issued a ruling in Miller v. Johnson that invalidates Georgia's congressional reapportionment plan and calls into question the constitutionality of the Georgia House of Representatives and Senate reapportionment plans; and

WHEREAS:

The General Assembly has a duty to enact constitutional plans pursuant to the opinions of the United States District Court and the United States Supreme Court and consistent with any directions from the Courts; and

WHEREAS: The Governor has determined that certain purposes warrant the convocation of such a special session; now

THEREFORE:

By virtue of the power and authority conferred upon me by the Constitution of Georgia, I, Zell Miller, Governor of the State of Georgia, do hereby convene the General Assembly of this State in Special Session at ten o'clock (10:00) a.m. on Monday, August 14, 1995, for the purposes and only those purposes specified as follows:

1. For enacting, revising, repealing or amending general law for:

(a) the division of the State into appropriate districts from which members of the House of Representatives to the United States Congress shall be elected; and

(b) the division of the State into appropriate districts from which members of the Georgia House of Representatives shall be elected; and

(c) the division of the State into appropriate districts from which members of the Georgia State Senate shall be elected.

2526

JOURNAL OF THE SENATE

2. For enacting, revising, repealing or amending local laws which the General Assembly deems necessary to avoid unreasonable hardship or to avoid undue impairment of public functions if consideration and enactment thereof are postponed.
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 7th day of July 1995.

(SEAL)

/s/ Zell Miller GOVERNOR ATTEST
Is/ Steve W. Wrigley EXECUTIVE SECRETARY

BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION CONVENING THE GENERAL ASSEMBLY
OF GEORGIA IN SPECIAL SESSION

WHEREAS:

Pursuant to my proclamation dated July 7, 1995, the General Assembly of the State of Georgia has been convoked and called to convene in extraordinary session on August 14, 1995, for the purpose of considering the enactment of legislation to accomplish two specified objectives; and

WHEREAS:

I have determined and concluded that one additional objective is of extraordinary importance and should be considered by the General Assembly during said called session and prior to the convening of the General Assembly in regular session in 1996; now

THEREFORE:

By virtue of the power and authority vested upon me by the Constitution of Georgia, I, Zell Miller, Governor of the State of Georgia, do hereby amend my proclamation of July 7, 1995, calling the General Assembly into extraordinary session by adding at the end of the fifth paragraph thereof the following:

"3. For enacting, revising, repealing or amending general law for the purpose of changing the effective date of the implied consent warnings to be given to a driver as provided by Act No. 480 (1995) to apply only to those offenses which occurred on or after the date Act No. 480 was signed into law.",

so that when so amended, the fifth paragraph of said proclamation shall read as follows:

"THEREFORE: By virtue of the power and authority conferred upon me by the Constitution of Georgia, I, Zell Miller, Governor of the State of Georgia, do hereby convene the General Assembly of Georgia of this State in Special Session at ten o'clock (10:00) a.m. on Monday, August 14, 1995, for the purposes and only those purposes specified as follows:

1. For enacting, revising, repealing, or amending general law for:

(a) the division of the State into appropriate districts from which members of the House of Representatives to the United States Congress shall be elected; and

(b) the division of the State into appropriate districts from which members of the Georgia House of Representatives shall be elected; and

MONDAY, AUGUST 14, 1995

2527

(c) the division of the State into appropriate districts from which members of the Georgia State Senate shall be elected.
2. For enacting, revising, repealing or amending local laws which the General Assembly deems necessary to avoid unreasonable hardship or to avoid undue impairment of public functions if consideration and enactment thereof are postponed.
3. For enacting, revising, repealing or amending general law for the purpose of changing the effective date of the implied consent warnings to be given to a driver as provided by Act No. 480 (1995) to apply only to those offenses which occurred on or after the date Act No. 480 was signed into law."
Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 8th day of August 1995.

(SEAL)

/s/ Zell Miller GOVERNOR ATTEST
/&/ Steve W. Wrigley EXECUTIVE SECRETARY

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

Those not answering were Senators:

Abernathy

Scott

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced the chaplain of the day, Reverend Garland Watts, Jr. of St. Simons Episcopal Church, Conyers, Georgia, who offered scripture reading and prayer.

2528

JOURNAL OF THE SENATE

The following resolutions of the Senate were read and put upon their adoption:
SR 1EX. By Senators Scott of the 36th, Ray of the 19th and Perdue of the 18th:
A RESOLUTION
Adopting the Rules of the Senate for the 1995 Special Session of the General Assembly of Georgia; to provide for automatic repeal; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force on March 1st of the 1995 Regular Session of the General Assembly of Georgia are hereby adopted as the Rules of the Senate for the 1995 Special Session with the following exceptions:
Amend Rule 94 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 94. During a special session, any bill, resolution, or other matter which requires action by the House of Representatives shall be immediately transmitted to the House by the Secretary after passage or adoption, unless reconsidered. A Senator must give notice immediately of his intention to move to reconsider, and the presiding officer shall set a time during the day when the motion will be entertained, so stating the time to the Senate; the time shall be at the discretion of the presiding officer, but not less than ten minutes. If the Senate is considering any other business at the time the motion to recon sider has been set to be entertained, the motion will be taken up upon conclusion of that business."
Amend Rule 97 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 97. During a special session, all bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading."
Amend Rule 105 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 105. No bill or resolution requiring the concurring vote of the House of Representatives for passage shall be introduced unless the same shall have been filed with the Secretary prior to the time for First Reading and Reference of Senate Bills and Resolu tions in the Order of Business."
Amend Rule 114 by striking the Rule in its entirety and inserting in lieu thereof the following:
"Rule 114. Any general bill or resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred."
Amend Rule 156 by striking the fourth and fifth paragraphs and inserting in lieu thereof new paragraphs to read as follows:
"After a Committee of Conference has been in existence for one (1) hour and has failed to make a report to the Senate on the question under consideration, the President of the Senate may discharge the Senate conferees and appoint new conferees, or, after five (5) hours, the Senate, on motion and by a majority vote of all members elected to the Senate, may discharge the Senate conferees and the President shall appoint new conferees.
All Conference Committee reports shall be printed and distributed to the Senators one hour prior to consideration of the same, except that during a special session the same may be dispensed with by a two-thirds' (%) vote of all the members elected to the Senate."
Add after Rule 156 a new Rule 156.1 to read as follows:
"Rule 156.1. During a special session, any amendment or substitute to a bill reapportioning Congressional, Senate, or House of Representative districts offered by a Senator or Senators must be a complete plan including all districts in the state. An appropriate map must accompany the plan and must give accurate information and data for each district including district number, total district population, percentage deviation from

MONDAY, AUGUST 14, 1995

2529

ideal district population, black population, black population as a percentage of the dis trict population, black voting age population, and black voting age population as a per centage of district voting age population."
BE IT FURTHER RESOLVED that the Rules adopted pursuant to this resolution shall be in effect for the 1995 Special Session of the General Assembly only and this resolution shall be repealed on December 31, 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 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 Thompson Turner Tysinger Walker

Not voting was Senator Thomas.

On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
SR 2EX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th: A resolution to notify the House of Representatives that the Senate has con vened.
On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
SR SEX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:
A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The President appointed as a Committee of Notification on the part of the Senate the following Senators: Taylor of the 12th, Perdue of the 18th, Ray of the 19th, Edge of the 28th, Brown of the 26th, Middleton of the 50th, Dean of the 31st, Boshears of the 6th and Johnson of the 2nd.

2530

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 1EX. By Representative Walker of the 141st and others:
A resolution to notify the Senate that the House of Representatives has con vened.
The following bills of the Senate were introduced, read the first time and referred to committees:
SB 1EX. By Senator Boshears of the 6th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County so as to correct the date for the first election to be held under this Act.
Referred to Committee on State and Local Governmental Operations.
SB 2EX. By Senator Boshears of the 6th:
A bill to amend an Act providing for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County so as to correct the date for the first election to be held under this Act.
Referred to Committee on State and Local Governmental Operations.
SB SEX. By Senators Ray of the 19th, Perdue of the 18th, Blitch of the 7th and others:
A bill to amend Code Section 28-2-2 of the O.C.G.A., relating to apportionment and qualifications for the Senate, so as to provide for the description of senato rial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms.
Referred to Committee on Reapportionment.
SB 4EX. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to clarify that the election of the chief magistrate and the full-time magistrates of said county shall be by nonpartisan election.
Referred to Committee on State and Local Governmental Operations.
SB SEX. By Senators Farrow of the 54th and Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Whitfield County; to provide for the requirements and proce dures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.

MONDAY, AUGUST 14, 1995

2531

The following communications from His Excellency, Governor Zell Miller, were read by the Secretary:
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 21, 1995
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 34, 49, 133, 148, 206 and 250 which were passed by the General Assembly of Georgia at the 1995 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, /s/ Zell Miller
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900
April 21, 1995
Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 38, 222, 253, 262, 326, 365, 441 and 516 which were passed by the General Assembly of Georgia at the 1995 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,
/s/ Zell Miller
VETO NUMBER 1
House Bill 441 prohibits refund claims of ad valorem property taxes where claimant fails to equalize the claimant's property value with like property within the jurisdiction, assess the claimant's property uniformly with like property within the jurisdiction, or prop erly ascertain the taxability or value of claimant's property.

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JOURNAL OF THE SENATE

After passage, the author of the bill discovered a defect in the bill and requested its veto. Therefore, at the request of the author, I hereby veto House Bill 441 on technical grounds.
VETO NUMBER 2
House Bill 38, the "Property Tax Credit Act of 1995" provides an income tax credit for a portion of property taxes paid. In the event the tax credit claimed exceeds the amount of the income tax payment due from the taxpayer, the excess would be refunded to the taxpayer. The effective date of this act is January 1, 1996.
The Office of Attorney General Michael Bowers has advised me that House Bill 38 is an unconstitutional violation of the gratuities clause of the Georgia Constitution. Article III, Section VI, Paragraph VI of the 1983 Georgia Constitution provides "the General Assembly shall not have the power to grant any donation or gratuity." According to Mr. Bowers' office "the refundable credit resulting from an income tax liability less than a property tax credit as provided in Code Section 48-7-29 cannot be justified under any of (the) exceptions to the gratuities prohibition. Therefore, I believe H.B. 38 is unconstitutional."
The Attorney General's office also addressed the issue of severability of illegal provisions of bills, concluding: "Though difficult to predict, courts generally try to sever unconstitutional provisions from legislation. I doubt that a court would do so in regard to H.B. 38."
For these reasons, I hereby veto House Bill 38.
VETO NUMBER 3
House Bill 516 authorizes ticket brokering in Georgia. This bill makes it unlawful for any person other than a ticket broker to resell in excess of their face value admission tickets to athletic contests, concerts, theater performances or other entertainments, amusements, or exhibitions.
Current state law prohibits ticket scalping by everyone. House Bill 516 legalizes ticket scalping and creates an unfair monopoly for ticket brokers. This bill fails to protect consumers and is unfair to performers and athletes.
The attempts to regulate ticket brokers contained in House Bill 516 contain potential problems, including:
A low bond amount of $50,000. Should a ticket broker fail or abscond, this amount is likely to pay out only pennies on the dollar to ticket purchasers;
There is no requirement that a ticket broker make refunds if an event is cancelled;
There is no penalty for a ticket broker who fails to deliver a paid-for ticket unless the ticket broker has guaranteed in writing the delivery of the ticket. But there is no requirement that ticket delivery be guaranteed in writing.
For the protection of consumers and performers and athletes, I hereby veto House Bill 516.
VETO NUMBER FOUR
Senate Bill 34 provides any driver's license issued for a driver under age 21 will re main valid until that person's 21st birthday.
The Department of Public Safety plans to begin stamping renewal license with "under 21 until (the 21st birthday)" as part of the new Digital Image License Issuance program. Consequently, the expense of reprogramming computers to accommodate SB34 is unnecessary.
For this reason, I hereby veto Senate Bill 34.

MONDAY, AUGUST 14, 1995

2533

VETO NUMBER FIVE
Senate Bill 133 codifies permitted and prohibited political activity and codifies griev ance procedures for state employees.
This bill opens the door for state employees to unduly influence subordinate employees and potentially misuse staff and resources.
State Personnel Board Rules and Regulations currently require, and provide strict standards for, each department and agency to establish grievance procedures. The new procedure proposed in SB133 will take considerable staff time away from service delivery and client centered activities and will result in an adversarial climate in the work unit. Departmental costs to implement SB133 could reach $1,000,000.
For these reasons, I hereby veto Senate Bill 133.
VETO NUMBER SIX
House Bill 222 provides that after a juvenile court judge has found a youth delinquent or unruly, and if the youth is in a detention center, the court may include in its order directives relating to the youth's health, safety, hygiene and rehabilitation.
Under current law, DCYS as legal custodian of committed children, has authority to determine appropriate services. Provision of custodial services is an executive branch re sponsibility and authority. House Bill 222 would violate the separation of powers clause of the Georgia Constitution by giving this authority to the judicial branch.
Further, House Bill 222 potentially creates entitlement to services the Department of Children and Youth may or may not have the funds to provide.
For these reasons, I hereby veto House Bill 222.
VETO NUMBER SEVEN
Senate Bill 250 provides persons at least 15 years old who are taking in-car training from a licensed instructor are exempt from the requirement for a drivers license. To allow a minor to operate a motor vehicle without requiring a test of traffic rules, even under the supervision of an instructor, is dangerous.
Accordingly, I hereby veto Senate Bill 250.
VETO NUMBER EIGHT
House Bill 326 changes eligibility for membership in the Peace Officers' Annuity and Benefit Fund.
State Auditor Claude L. Vickers has advised me that this is a retirement bill as defined in O.C.G.A. 47-20-3. Consequently, according to Mr. Vickers, "the state auditor's certifi cation provided for in O.C.G.A. 47-20-32 is required to be attached to the bill before it may be introduced into the General Assembly. Consideration of this bill without certifica tion from the state auditor violated Georgia law.
Had the state auditor been requested to certify whether this bill was a fiscal or nonfiscal retirement bill, the conclusion would most likely have been that this was a fiscal retire ment bill as defined in O.C.G.A. 47-20-30. Accordingly, O.C.G.A. 47-20-34 provides that such a fiscal retirement bill may not be passed in the first year of the biennial session."
For the reasons outlined by Mr. Vickers, I hereby veto House Bill 326.
VETO NUMBER NINE
House Bill 365 requires the Department of Education to pay the cost of advanced placement tests taken by eligible private high school students and eligible home study pro gram students.

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JOURNAL OF THE SENATE

This bill sets a precedent for using limited public resources to help defray the costs of families that elect to send their children to private secondary schools.
The Fiscal Year 1996 costs for House Bill 365 are projected to be at least $377,000. This cost was not included in House Bill 202, the Fiscal Year 1996 budget act.
For these reasons, I hereby veto House Bill 365.
VETO NUMBER 10
House Bill 262 expands the eligibility of an existing pilot family support program to include individuals who are developmentally delayed but not mentally retarded.
Expanding the eligibility criteria for family support services and requiring that this program be made available throughout the state could result in a tremendous financial impact upon the state. Estimates are that if only 1% of those eligible participate in this program, the cost would be at least $7,000,000.
Legislation with huge financial costs should be addressed in the appropriations act. Bills which are contingent upon funds being appropriated in the future delay but do not disguise the ultimate impact upon the state's limited resources.
For these reasons, I hereby veto House Bill 262.
VETO NUMBER 11
House Bill 253 removes the 75 percent limit on the amount of boarding financial assist ance the Department of Human Resources provides to families adopting certain hard-toplace children.
The cost of increasing the boarding rate would be approximately $3,447,384.
As I have said in a previous veto message, legislation with huge financial costs should be addressed in the appropriations act. Bills which are contingent upon funds being appro priated in the future delay but do not disguise the ultimate impact upon the state's limited resources.
For these reasons, I hereby veto House Bill 253.
VETO NUMBER 12
Senate Bill 206 was originally drafted to authorize the commissioner of the Depart ment of Public Safety to promulgate rules and regulations as necessary to fulfill the duties of the commissioner. The original version was intended to give the commissioner the same authority as other agency heads.
The bill was amended to provide for the creation of an auxiliary service within the State Patrol, composed of former state troopers who voluntarily left in good standing through retirement or resignation. This special service would serve on a part-time basis when needed, be paid hourly, receive equipment, and have the same authority and powers as current full-time state troopers. The members of this service would also be required to receive training.
Estimating the cost of this bill is speculative, dependant upon the number of members who would serve and the hours they would work. However, cost estimates are over $500,000. No need for such service at such large expense has been demonstrated.
For this reason, I hereby veto Senate Bill 206.
VETO NUMBER 13
Senate Bill 49 designates the English language as the official language of the State of Georgia. The bill specifies the official language shall be used in public records, and for official Acts.

MONDAY, AUGUST 14, 1995

2535

Under a joint resolution passed by the Georgia General Assembly in 1986, English is already designated as the official language of the State of Georgia, recognizing the "contin uing, unifying role that the English language plays in the stability and cohesion of the lives of the people of this state and nation."
Senate Bill 49 is plainly an effort to accomplish the identical goal made law by the 1986 General Assembly. Unfortunately, an amendment to SB49 added a provision detri mental to the current designation of English as the official language of Georgia.
Senate Bill 49 provides "a person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, includ ing injunction, for violation of this subsection."
I believe this wording is an open invitation for litigation and creates a new right which could well result in a flurry of expensive lawsuits.
For these reasons, I hereby veto Senate Bill 49.
VETO NUMBER 14
Senate Bill 148 changes the deadlines for registration in certain special primaries and elections.
An amendment to the original bill moves the qualifying dates for independent and political body candidates to begin on the fourth Monday in April. This would be the same time as political party candidate qualifying. Presently, the independent and political body candidates qualify beginning on the fourth Monday in June.
The qualifying dates have been a subject of past litigation which was settled by chang ing the law to allow later qualifying for independent and political body candidates. The amendment creates a strong possibility of generating equal protection lawsuits.
For this reason, I hereby veto Senate Bill 148.

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

Memorandum

____

To:

House, Senate and Secretary of State

From: Vicki Snow

Subject: Line Item Vetoes in House Bill 202

Date: April 21, 1995______________________________________

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 202:
Section 12, Page 12, Advanced Placement Exams
Section 28, Page 30, Capital Outlay--State Library and Museum
Section 28, Page 30, Mercer Medical School Grant--Equipment, and Morehouse School of Medicine Grant--Equipment
Section 46, Page 44, fourth full paragraph beginning, "In order to aid the Department

2536

JOURNAL OF THE SENATE

Section 55, Page 46
Section 56, Page 51, third paragraph
Section 56, Page 52, fifth paragraph
Section 56, Page 52, sixth paragraph
GOVERNOR'S VETOES IN HOUSE BILL 202
Section 12 pertaining to the Department of Education, page 12, line 517:
This item pays for the cost of Advanced Placement (AP) tests taken by Georgia public high school students. Current costs are approximately $63 per test, and the department esti mates indicate that over 28,000 tests are likely to be taken in F.Y. 1996. This is a dramatic increase over the F.Y. 1995 number of 16,830 estimated by the department. An additional provision added in the 1995 legislative session, which I have vetoed, would have set a pre cedent of using limited public resources to help defray the costs to families that elect to send their children to private secondary schools by requiring the Department of Education to pay the cost of advanced placement tests taken by eligible private high school students. Because of the escalating cost of this item, and because of the need for restraint in taking on programs which increase expenditures, I am vetoing this $1,842,422 appropriation.
Section 28 pertaining to the Board of Regents, University System of Georgia, page 30, line 1326:
This funding was included to provide for the planning and design of a state museum and library. Subsequent to this funding being recommended by the Governor a report was is sued by the museum study commission which estimated the total construction cost for this project to be in excess of $100 million. The scope and cost of this project is much larger than any understanding I ever had about this project. The slowing of revenue growth in the budget will necessitate a much smaller bond package next year. It is very unlikely that we will be able to accommodate a project of this proposed size and scope in view of other pressing infrastructure needs in the state. Due to these concerns and the uncertainty about any plans for possible revision to this study, I am vetoing this appropriation.
Section 28 pertaining to Board of Regents, University System of Georgia, page 30, lines 1328 and 1329 (two items):
Educational facilities eligible to receive lottery funds for capital outlay projects, are defined by Code as those owned or operated by and through the Board of Regents, the State Board of Education, the Department of Technical and Adult Education, or any city, county, or independent school system. Mercer and Morehouse Schools of Medicine do not meet this eligibility requirement for lottery funded capital outlay projects. It is for this reason that I am vetoing $1,500,000 for Mercer Medical School Grant--Equipment and $1,500,000 for Morehouse School of Medicine Grant--Equipment.
Section 46 pertaining to the Department of Transportation, page 44, lines 1962 through 1965:
HB 202 authorizes the Department 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. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Plan ning and Budget. In addition, the specific number of positions in each budget function is not specified in the Governor's budget recommendations to the General Assembly or in the annual appropriations act. Therefore, this language is unnecessary.
Section 55 pertaining to federal funds, page 46, lines 2058 through 2063:
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

MONDAY, AUGUST 14, 1995

2537

funds as they become available throughout the fiscal year. This language has been vetoed

previously.

~

Section 56 pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 51, lines 2259 through 2265:

This section authorizes general obligation bonds to rehabilitate 89 miles of rail line from Vidalia to Cordele, rehabilitate a 2-mile industrial spur in Vidalia, and construct a team track into the Industrial Park in Cairo. The Department of Transportation requested fund ing for these projects to help communities located near these lines with access to freight rail service. It is unclear how the priorities for rehabilitating rail lines are established and what the long term commitments are. In a budgetary environment of slowing revenue growth it is imperative that these concerns are addressed fully before proceeding with ex pensive budget commitments. For these reasons I am vetoing $244,020 in debt service payments which authorizes $2,490,000 in General Obligation debt.

Section 56 pertaining to State of Georgia General Obligation Debt Sinking Fund, page 52, lines 2315 through 2320:

The Governor has directed that the Department of Corrections, the Board of Pardon and Parole, and the Office of Planning and Budget conduct a joint planning effort over the course of the summer to develop a recommended strategy for dealing with the need for prison bed space and programs. This planning effort will review all possible avenues avail able to address the long term situation and will provide the Governor with a basis for fu ture budget recommendations. In addition, this project was not initially recommended by the Department of Corrections. Therefore, it would not be prudent to proceed with this project prior to this planning effort being completed and the Governor recommending alter natives to the General Assembly. It is for these reasons that I am vetoing $102,000 appro priated for the debt service on $425,000 in General Obligation debt.

Section 56 pertaining to State of Georgia General Obligation Debt Sinking Fund, page 52, lines 2321 through 2327.

The Board of Regents prioritizes capital outlay projects based on the overall needs of the system. The Governor traditionally has worked closely with the Chancellor and the Board to address the most critical capital outlay needs. There are capital outlay projects on the list that are of a higher priority than the planning and design of the Manufacturing Related Disciplines Complex at Georgia Tech and the Student Services Building at Macon College. It is also very likely that the state will not be in the position to fund as many new capital outlay projects next year as have been recommended in the past few years. We will put more emphasis on properly maintaining the facilities that we have. It is not necessary to fund the planning and design of a project that will most likely not be funded with construc tion funds in the next year. It is for this reason that I am vetoing $156,800 appropriated for debt service on $1,600,000 in General Obligation debt.

Excerpt from Section 12, page 12:
AxJV3iTC^Ci r igi^mi^Tiv J'^TflmS

IpljO'iii, ^2ii

Excerpts from Section 28, page 30: Capital Outlay--State Library and Museum Meiuer Medical Schuul Qiaul-Equipment Mmehouse School of Medicine Grant--Equipment

$4,200,000 $1,000,000 $1,000,000

Excerpt from Section 46, page 44:
lil 01~u31T tO cliu 11143 J-Jtipcti'LliittiiL ill Lliti uiSCilcir^Jc Ot "itS~~j}GW61.*5 ciiiu. uu.Li-6S JiUl'SUcillt XO
Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41(b)(l), O.C.Q.A., the Department is authumtid to transfer pu&iliun luuiiU between
DUu^^L rUHCLiOilS pl~OVlu.3u Llicit 1/113 JJtipcll'LiiltiiiL S LOLell X)SItiOlirCGU.ilt felltill 11OL cXCcciu Lll^ li HQHiDtil' 01 ctI1H11 ell ^JOSitlOllS (ISSl^JlltiQ Dy 1HW.

2538

JOURNAL OF THE SENATE

Section 55.
J. ii^r& i& rifirsDy spproj)i7iit6(i s^spficiric^sum or i^ctiGrfli ^I'ciiiL immfc, s&iu su^ciTic smii
DOill^ cr^Ucil tu tile LOtcLl 01 tilG 1 ciutii'cil ^I'Jiiit tUlluS ctVciilHDHs ill ciXCtifeS 01 tilfc 3.IilOLliit& OI blAOll IliilClS cippJl Opl'itiLciCl in tliti TGl'S^JOiH^J SGCtiOllS 01 tliiS ACt^ TOl"' tflG pUl'jjOoc OI SU.ppl3.11Llll^
appropriated State funds, which State funds shall thereupon be unavailable fur expendi-
LU.I ^ U.iiit3&& i'c-^tppx'OjjiM&CGQ Dy tll^ Ijre0l1jit ijrSnfii SLL A.SS^iUljly. 1 111S pl'OViSiuii SJ13.1I liut tO pluJtiuL ^i'ciiit lU.llu.fe ilGt flppi'Opl IfltfcCl ill tlllS ACt.
Excerpt from Section 56, page 51:
I1 1Cill tl'lO <ippl u|ji iclLlOil utiSi^lIciLtiQ otflt^ Ajreti6iTfl.l 1. UUCtS rOI rili<iiiCiii^ litCiliLicS 101 Lliti JJftpfl.rtiHftIlt OX i.i'fl.ilS^iOi'L
LiOiij Dy lllti ci 11 S 01 LliG LCC[UiSltjlOH, COHSti UOLiOii, QcV6lOpiU611tj 6X'L
ities, both leal and peisoiial, netessai^ or useful in comieclkm Llmi'ewitli, through the issu ance of not more than $2,490,000 in principal amount of General Obligation Debt, thu
i.iii>ti'U.i.llt;li.tS 01 WlliCll Sfl3.Il I1S.V6 H13tUJ"lt/16S HOt 111 GXCcSS OI tWO llU.iltll'cCl SilQ lOl'ty UlOlltflS.
Excerpt from Section 56, page 52: From the appiupiiation designated "Stale Oeiieial Funds (New)", $102,000 is specifi-
C&rly^ cijipl ij^)l IJiwiQ lOi tftG ^illlpOSti 01 illiHllClil^ IdCllltici 101 tfi6^i/Sf)3.1Ttlll6Ilt OT\JOl*r'&CTjlOniS, Dy liiticlllS OI U1^ S-O^LlifelLiOiij COllSti'UCLlOlij uciVtilO^JllltiiiL, cXLcilSiOil, ^iiIfl.rcIH6Ilt;, Ot 1111pl'OV^lilfe0t 01 ISilCi) W^tGlSj jjI'Gp&lty, IllriW^i&.ySj uU-liLliii^Sj Sti'UCtU.1. CS, tiiJUipmtiilt 01 IciClil" LitS, DOCll I'cfl.l flllCl pG^SOHS.! , ilcCfiSSfl.l*y Oi" U.StilU-1 ill COIljl^CLiOil tilfei'cWitllj titf OUgfl tilti iSSUclllCG OI ilOt iHOi^ tllfllT tp*xlu&t/0v 111 }jl'ijiXCj.pcLl AiHuLlIlt Xtl CjrcilGl 3.T Ouii^fltiOil JL/6Dt, tilti inStlTJ-IUGTltS 01 WlliCll SI13.IIil3.VC lllcltliritlGS ilOt ill GXCGSS 01 SiXty IllOiltJlS.
J. 10111 Lliti eip^il'Ojjl iclLiOii utiSi^H3.tiiu. otnt&' vjN3113iTLi J. UllCtS \1N6W^/ t "JpluOjOUU iS SpcCiIlC&ily flppl'Opl'lcitGQ tor til6 ^plirpOS^ OI Ilil^ilClll^ I^CliltlGS lor tlit UOcLi'u. 01 lvG6iltS OI tll^
Uiiivfii'sity ijyscsiii o* vrsor^i^j oy instills oitlife 3.c(ju.iditioii) cotistmctiOii., uGV^ioprti'BiiCj cx~
Lt;ilS iuii, SlllHi'^ciiiiciiL, 01 iilipi~OVftHl.ti.llt" OI ItlilUj Wci LtiJ. & t property, ill^llWaySj DUItuiii.^& ,
sti uvtmss^GCfuipmstit or tstcilitiGS, botn TGS! 3.nd p6rsoos.l, tieCcSSHiy or ussitn 111 COIIAGCtiuii therewith, through the issuance of not mot'e than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not m excess of
tWO liUiiul'tiCt 8.I1Q TOrty iHOiilllS.
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 Senate:
SR 3EX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:
A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a Committee of Notification on the part of the House the following members:
Representatives Mosley of the 171st, Epps of the 131st, Smith of the 109th, Teper of the 61st, McClinton of the 68th, McBee of the 88th and Stallings of the 100th.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 10:50 A.M., the President announced the Senate adjourned.

TUESDAY, AUGUST 15, 1995

2539

Senate Chamber, Atlanta, Georgia Tuesday, August 15, 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.
Senator Dean of the 31st moved that Senator Gillis of the 20th be excused from the Senate today for personal reasons.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Gillis was excused.
The President called for the morning roll call and the following Senators answered to their names:

Balfour Black Blitch Bowen Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan Farrow 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 answering were Senators:

Abernathy Boshears

Gillis (excused) Glanton

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Farrow of the 54th introduced the chaplain of the day, Dr. Billy Nimmons of First Baptist Church, Dalton, Georgia, who offered scripture reading and prayer.
Serving as doctor of the day was Dr. Robert Williams of Rome, Georgia.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 10:32 A.M., the President announced the Senate adjourned.

2540

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, August 16, 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 Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:

SB 6EX. By Senator Day of the 48th:
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 income 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.
Referred to Committee on State and Local Governmental Operations.

SB 7EX. By Senator Egan of the 40th:

A bill to amend Code Section 21-2-4 of the O.C.G.A., relating to the composition of congressional districts of Georgia, so as to change the description of such districts; to provide for the election of members of Congress; to provide for the continuation of present congressional districts until a certain time; to make cer tain provisions relative to certain boards and bodies; to provide an effective date.

Referred to Committee on Reapportionment.

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 1EX. Do pass.

SB 2EX. 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 Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson

WEDNESDAY, AUGUST 16, 1995

2541

James Johnson of 1st
Kemp Land Langford Madden Marable McGuire Middleton

Newbill Oliver
Perdue Pollard Ragan Ralston Ray Slotin Starr

Those not answering were Senators:

Abernathy

Johnson of 2nd

Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker
Scott

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hill of the 4th introduced the chaplain of the day, Reverend John Tatum of Riverside Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted.

SR 4EX. By Senator Stokes of the 43rd:
A resolution honoring the National Association of Real Estate Brokers on the occasion of its 48th annual convention.

SR SEX. By Senator Edge of the 28th: A resolution commending Coach Max Bass.

SR 6EX. By Senator Cheeks of the 23rd: A resolution commending the Augusta Boxing Club.

SR 7EX. By Senator Cheeks of the 23rd:
A resolution commending Brandon Mitchem for his many accomplishments in the boxing ring.

SR SEX. By Senator Cheeks of the 23rd:
A resolution commending Frank Durst for his accomplishments in the boxing ring.

SR 9EX. By Senator Cheeks of the 23rd:
A resolution commending Jacob Hudson for his accomplishments in the boxing ring.
The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the State Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday August 16, 1995 THIRD LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

2542

JOURNAL OF THE SENATE

SB 1EX Boshears, 6th PIERCE COUNTY
Amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County and for other purposes.

SB 2EX Boshears, 6th PIERCE COUNTY

Amend an Act providing for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County and for other pur poses.

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

Farrow Gillis Glanton Gochenour Griffin Harbison Henson Hill Isakson Johnson of 1st Kemp Land Madden Marable McGuire

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

Those not voting were Senators:

Brown of 26th Guhl Hooks
James

Johnson of 2nd Langford Oliver

Starr Taylor Walker

On the passage of all the local bills, the yeas were 46, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
At 10:30 A.M., Senator Perdue of the 18th moved that the Senate recess until 4:00 P.M. today, and at that time adjourn until 10:00 A.M. tomorrow; the motion prevailed.
At 4:00 P.M., the President called the Senate to order.

WEDNESDAY, AUGUST 16, 1995

2543

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 2EX. By Representative Smith of the 175th:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the Magistrate Court of Camden County.
HB 3EX. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to deannex and remove certain territory from the corporate limits of the City of Lumpkin.
HB 4EX. By Representative Smith of the 175th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Camden County.
HB 6EX. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to revise the method of filling vacancies.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 10EX. By Representatives Baker of the 70th, Chambless of the 163rd, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotat ed, relating to administration of chemical tests to determine if a person is driv ing under the influence of alcohol or drugs, so as to provide for the applicability of certain provisions governing the content of notice required to be given by an officer to a person and admissibility of certain evidence to cases wherein the offense was committed on or after April 21, 1995.
The following bills of the House were read the first time and referred to committees:
HB 2EX. By Representative Smith of the 175th:
A bill to provide for the nonpartisan nomination and election of the chief magis trate of the magistrate Court of Camden County.
Referred to Committee on State and Local Governmental Operations.
HB SEX. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to deannex and remove certain territory from the corporate limits of the City of Lumpkin.
Referred to Committee on State and Local Governmental Operations.

2544

JOURNAL OF THE SENATE

HB 4EX. By Representative Smith of the 175th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Camden County.
Referred to Committee on State and Local Governmental Operations.
HB 6EX. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to revise the method of filling vacancies.
Referred to Committee on State and Local Governmental Operations.
HB 10EX. By Representatives Baker of the 70th, Chambless of the 163rd, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotat ed, relating to administration of chemical tests to determine if a person is driv ing under the influence of alcohol or drugs, so as to provide for the applicability of certain provisions governing the content of notice required to be given by an officer to a person and admissibility of certain evidence to cases wherein the offense was committed on or after April 21, 1995.
Referred to Committee on Judiciary. Serving as doctor of the day was Dr. James Kaufmann of Atlanta, Georgia. At 4:00 P.M., the President announced the Senate adjourned until 10:00 A.M. tomorrow.

THURSDAY, AUGUST 17, 1995

2545

Senate Chamber, Atlanta, Georgia Thursday, August 17, 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 resolutions of the Senate were introduced, read the first time and re ferred to committees:
SR 10EX. By Senators Griffin of the 25th, Stokes of the 43rd, Langford of the 29th and Newbill of the 56th:
A resolution creating the Senate Study Committee on Financial Accountability and Control Among Local Boards of Education.
Referred to Committee on Education.
SR HEX. By Senators Thomas of the 10th, Oliver of the 42nd, Stokes of the 43rd and Henson of the 55th:
A resolution creating the Joint Study Committee on Housing for the Elderly in DeKalb County.
Referred to Committee on Rules.
The following report of a standing committee was read by the Secretary:
Mr. President: The Committee on Judiciary has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation: HB 10EX. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

The following bill was read the second time:
HB 10EX
Senator Egan of the 40th introduced the doctor of the day, Dr. Bob Lanier, of Atlanta, Georgia.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused from the Senate today for personal reasons.
On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Kemp was excused.

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 Dean

2546

JOURNAL OF THE SENATE

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

Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Slotin Starr
Stokes Tanksley Taylor Thompson
Turner
Tysinger

Those not answering were Senators:

Abernathy Clay Day Edge

Griffin Harbison James Johnson of 2nd

Kemp (excused) Scott Thomas Walker

September 7, 1995
Mr. Frank Eldridge Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I missed roll calls on August 17 and 28 and September 6 and 7 for various reasons. One day constituents and I met with Mike Bowers, other days, I met with constituents and met with other Senators to discuss redistricting plans. I have been here every day during this Special Session, but I did miss these roll calls.
Sincerely,
Isl Clinton M. Day
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
Senator Ray of the 19th, who was presiding, led the Senators in the Pledge of Alle giance to the Flag of the United States of America.
Senator Stokes of the 43rd introduced the chaplain of the day, Reverend Damone Anderson, Jr. of St. Paul's AME Church, Lithonia, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 12EX. By Senators Perdue of the 18th and Tysinger of the 41st:
A resolution recognizing and commending Jeanie Thomas.

THURSDAY, AUGUST 17, 1995

2547

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 9EX. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to provide for a county manager.
HB 12EX. By Representative Floyd of the 138th:
A bill to amend an Act entitled "An Act to provide for the number of members of the County Board of Education of Pulaski County," so as to increase the amount of the per diem allowed for members of the board of education from $20.00 to $100.00.
The following bills of the House were read the first time and referred to committee:
HB 9EX. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to provide for a county manager.
Referred to Committee on State and Local Governmental Operations.
HB 12EX. By Representative Floyd of the 138th:
A bill to amend an Act entitled "An Act to provide for the number of members of the County Board of Education of Pulaski County," so as to increase the amount of the per diem allowed for members of the board of education from $20.00 to $100.00.
Referred to Committee on State and Local Governmental Operations.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 10:20 A.M., Senator Ray of the 19th, who was presiding, an nounced the Senate adjourned.

2548

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, August 18, 1995 Fifth 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 resolution of the Senate was introduced, read the first time and referred to committee:
SR 15EX. By Senators James of the 35th, Johnson of the 2nd, Brown of the 26th and others:
A resolution urging the General Assembly to refrain from reconfiguring the leg islative districts of the Georgia Senate and House of Representatives and to declare the General Assembly's supreme and exclusive duty to ensure a repre sentative form of government.
Referred to Committee on Reapportionment.
The following reports of standing committees were read by the Secretary:
Mr. President: The Committee on Reaportionment 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 3EX. Do pass by substitute.
Respectfully submitted, Senator Blitch of the 7th 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 4EX. Do pass.

HB 3EX. Do pass.

SB SEX. Do pass.

HB 4EX. Do pass.

HB 2EX. Do pass.

HB 6EX. Do pass.

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

The following bill was read the second time: SB SEX

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

Balfour Black Blitch

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

FRIDAY, AUGUST 18, 1995

2549

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

Those not answering were Senators:

Abernathy Boshears

James Johnson of 2nd

The following statement was filed with the Secretary:
The State Senate Atlanta, Georgia 30334
August 18, 1995

Honorable Frank Eldridge Secretary of Senate 350 Capitol Atlanta, GA 30334

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

Dear Mr. Secretary:
I would like to request that I be marked present for the Morning Roll Call on August 18, 1995. I was in my seat and inadvertently did not mash the green button to indicate my presence. I will thank you in advance for your help in this matter.
Sincerely, 1st Rene D. Kemp
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator McGuire of the 30th introduced the chaplain of the day, Reverend Marshall Ray of First Baptist Church, Villa Rica, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 13EX. By Senator Dean of the 31st:
A resolution recommending and requesting that the Board of Natural Re sources and the Department of Natural Resources designate the wildlife man agement area in Polk County as the "Raymond R. Lester Wildlife Management Area".

SR 14EX. By Senators Isakson of the 21st, Gillis of the 20th, Bowen of the 13th and others:
A resolution recognizing Honorable Lester Maddox on his 80th birthday.

2550

JOURNAL OF THE SENATE

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday August 18, 1995 FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 4EX Black, 53rd Farrow, 54th WHITFIELD COUNTY
Amend an act providing for the Magistrate Court of Whitfield County to clarify that the election of the chief magistrate and the full-time magistrate of said county shall be by nonpartisan election and for other purposes.
SB 5EX Black, 53rd Farrow, 54th WHITFIELD COUNTY
Amend an Act providing for the nonpartisan nomination and election of the judge of Probate Court of Whitfield County and to provide for the requirements and procedures of the nonpartisan nomination and election, and to provide for the authority for this Act and for other purposes.
SB 6EX Day, 48th Cagle, 49th FORSYTH COUNTY
An Act to provide a homestead exemption from Forsyth County ad valorem tax es for county purposes in amount of 10,000.00 of the assessed value of the home stead for certain residents of said county who have annual incomes not exceed ing 10,000.00 and who are 65 years of age or over; to provide for a three-year phase in period for such exemption and for other purposes.
HB 2EX Blitch, 7th CAMDEN COUNTY
Provide for the nonpartisan nomination and election of the chief magistrate of Magistrate Court of Camden County and for other purposes.
HB 4EX Blitch, 7th CAMDEN COUNTY
Provide for the nonpartisan nomination and election of the judge of the Probate Court of Camden County and for other purposes.
HB 6EX Ragan, llth Bowen, 13th MITCHELL COUNTY
An act providing for the election of the members of the Board of Education of Mitchell County so as to revise the method of filling vacancies and for other purposes.

FRIDAY, AUGUST 18, 1995

2551

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

Glanton Gochenour
Griffin Harbison Henson Hill 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

Those not voting were Senators:

Abernathy Boshears Guhl

Hooks Johnson of 2nd

Scott Walker

On the passage of all the local bills, the yeas were 49, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
Senator Gillis of the 20th assumed the Chair.

SENATE CALENDAR
Friday, August 18, 1995 FIFTH LEGISLATIVE DAY

HB 10EX DUI; chemical tests; applicability of certain provisions (Judy-12th) Baker-70th
The following general bill was read the third time and put upon its passage:
HB 10EX. By Representatives Baker of the 70th, Chambless of the 163rd, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotat ed, relating to administration of chemical tests to determine if a person is driv ing under the influence of alcohol or drugs, so as to provide for the applicability of certain provisions governing the content of notice required to be given by an officer to a person and admissibility of certain evidence to cases wherein the offense was committed on or after April 21, 1995. Senate Sponsor: Senator Taylor of the 12th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

2552

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 Bowen 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 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:

Boshears

Johnson of 2nd

Scott

Gillis (presiding)

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 16EX. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Laurens County.

SB 1EX. By Senator Boshears of the 6th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County so as to correct the date for the first election to be held under this Act.

SB 2EX. By Senator Boshears of the 6th:
A bill to amend an Act providing for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County so as to correct the date for the first election to be held under this Act.

FRIDAY, AUGUST 18, 1995

2553

Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 14EX. By Representative Murphy of the 18th: A resolution relative to adjournment.
The following resolution of the House was read and put upon its adoption:
HR 14EX. By Representative Murphy of the 18th: A resolution relative to adjournment at 5:00 P.M. on Friday, August 18, 1995, and reconvening on Monday, August 21, 1995.
On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was read the first time and referred to committee:
HB 16EX. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Laurens County.
Referred to Committee on State and Local Governmental Operations.
Serving as doctor of the day was Dr. Roy Vandiver of Decatur, Georgia. At 11:05 A.M., Senator Perdue of the 18th moved that the Senate recess until 5:00 P.M., and at that time, pursuant to HR 14EX, adjourn until 10:00 A.M. Monday, August 21, 1995; the motion prevailed. At 5:00 P.M., Senator Gillis of the 20th, who was presiding, announced the Senate adjourned.

2554

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, August 21, 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 Friday, August 18, 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 bill of the Senate was introduced, read the first time, and referred to committee:

SB SEX. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, as amended, so as to change the council district descriptions; to change the terms of office for the mayor and members of the council from concurrent terms to staggered terms; to change the dates of elections for the mayor and the mem bers of the council; to provide for submissions; to provide for effective dates.
Referred to Committee on State and Local Governmental Operations.
Senator Langford of the 29th moved that Senator Madden of the 47th be excused from the Senate today for personal reasons.
On the motion, the yeas were 37, nays 0, and Senator Madden was excused.
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 Edge Egan Gillis

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

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

Those not answering were Senators:

Abernathy Dean Farrow

Madden (excused) Middleton Slotin

Thompson Turner

MONDAY, AUGUST 21, 1995

2555

The following statements were filed with the Secretary:
August 21, 1995
The Honorable Frank Eldridge Secretary of the Senate 214 State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
As you know, during my 21 years as a State Senator I have always been very conscien tious in my attendance and performance of duties.
It is a very rare occasion when I have missed Roll Call; unfortunately, today was one of those occasions. 1 did not spend the night in Atlanta and my commute was slowed tremen dously this morning due to rain, traffic and flooded streets. I was three minutes late arriv ing at the Capitol and missed the Roll Call. Please note this in the record of the Senate for today's proceedings.
Thank you for your cooperation in this matter.
Sincerely, Isl Loyce W. Turner
August 21, 1995
Honorable Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Frank:
Due to the heavy rain and traffic in my route from Dahlonega to the Capitol, I was detained and did not arrive at the Capitol in time for Roll Call. As you know, I take my service in the State Senate very seriously, and I would appreciate your recording my reason for tardiness.
Thank you for your assistance.
With warm regards, /s/ Guy Middleton
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 Senator Pollard of the 24th, who served as chaplain of the day; Senator Pollard offered scripture reading and prayer.
Senator Perdue of the 18th introduced Jeanie Thomas of Senate Research Office, com mended by SR 12EX, adopted previously, who addressed the Senate briefly.
Senator Cheeks of the 23rd introduced Augusta Boxing Club members, Brandon Mitchem, Frank Durst, and Jacob Hudson and their coach Tom Moraetes, commended by SR 6EX, SR 7EX, SR SEX and SR 9EX, adopted previously.
Coach Moraetes and Frank Durst addressed the Senate briefly.

2556

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 HEX. By Representative Smith of the 109th:
A bill to provide a new charter for the City of Jackson.
The following bill of the House was read the first time and referred to committee:
HB HEX. By Representative Smith of the 109th:
A bill to provide a new charter for the City of Jackson.
Referred to Committee on State and Local Governmental Operations.
Senator Oliver of the 42nd introduced the doctor of the day, Dr. JRB "Jim" Hutchinson, of Atlanta, Georgia.
SENATE CALENDAR
Monday, August 21, 1995 SIXTH LEGISLATIVE DAY
SB SEX Senate Districts--reapportionment (Substitute) (Reappor-19th)
The following general bill was read the third time and put upon its passage:
SB 3EX. By Senators Ray of the 19th, Perdue of the 18th, Blitch of the 7th and others:
A bill to amend Code Section 28-2-2 of the O.C.G.A., relating to apportionment and qualifications for the Senate, so as to provide for the description of senato rial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms.
The Senate Committee on Reapportionment offered the following substitute to SB 3EX:
A BILL
To be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, AUGUST 21, 1995

2557

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment

and qualifications for the Senate, is amended by striking the description of the 56 senato

rial districts immediately following the second sentence of subsection (a) thereof and in

serting in its place the description of the 56 senatorial districts attached to this Act and

made a part hereof and further identified as:

"Operator: state

Client: senate

Plan: sbSexcs."

SECTION 2.

Said Code section is further amended by striking subsection (c) thereof and inserting in its place the following:
"(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1990 1997. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of i992 1996 for the purpose of electing members of the Senate in -1892 1996 who are to take office in 998 1997. Successors to those members shall likewise be elected under the provisions of this Code section."

SECTION 3.

Said Code section is further amended by striking subsection (d) thereof and inserting in its place the following:
"(d) For the purposes of this Code section:
(1) The terms 'Tract,' 'Block,' and VTB! 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
\t) .Lllti L^l'lii J.i.6CiiiCt ii Sj'injiJ.Jy liiuulS WiLli tilti tCfii! VOlni^J pi'tiCiilCL iiliu. liltck-ilS Si JtiO~ gi ci^jlliCcll 0.1 cct Cltt&if^iici witi Dy AJ. LiClct V 01 \_/ll<ipwiI Zi 01 Aitlft J&J., WlLliili WHICH Jill 3i3C~ tors VOwi LX 0116 polling jjlHCci.
<ff> Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.

\*xj 1 1 tiCiiiCt iiJillltiib JlilCl ClttSl^iiclLlOiife lOUGWlIlgJ V AJJ ClttSi^ii.fl.ti'jil.S 3.1 ti lH.CiU.Cl.6Cr I011 COil-

V6H16HC& Oiily , cii!iu illT^ttlS GVfeilt Lll^ ClciiOi'i^LiOil 01 3.il^ ScilclLui'icil JiSLl'iCL COiiLciiiiS ci

COillllCti utiLWtttill Lli^i cOl'3.pllJ.Cdl DOlHiucirHiS OX &iiy V J.U 3i1^ tUc L/OU.ilu<il IcS OI LOG

lOllOWiii^ lliiiliiitl pl'tiClilCtj tllci ^tiO^l dplllCctl uOLliiCliil^y 01 L116 V^J. AJ asj SilGVvil Oil tile Cc;il~

control.

101 l/Iic [ju&C6 Ot \jreOr^iH Sliiill

SECTION 4.

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

2558

JOURNAL OF THE SENATE

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Operator: state

Client: senate

Plan: sbSexcs

District No. 1
BRYAN Tract:9203. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233A, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M
CHATHAM Tract:0029. Tract:0030. Tract:0034. Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0035.01 Tract:0035.02
Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group:4 Tract:6*039. Block Group:!
Block: 401, 402, 403 Tract:0040.01
Block Group:2 Block Group:3 Block Group :4 Block Group:5 Tract:0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B,
117A, 117B Block Group:2 Block Group:3 Block Group :4 Block Group:5 Tract:0041. Tract:0042.02 Tract:0042.03 Tract:0042.05 Tract:0042.06 Tract:0045. Block: 101B, 102 Tract:0105.01 Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208,
209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231 Block Group:3 Block Group :4

MONDAY, AUGUST 21, 1995

2559

Block Group:5 Tract:0105.02
Block: 101A, 101B, 107A, 107B, 108, 109, 199, 213 Tract:0106.04
Block: 142A, 143A, 147A, 148, 149 Tract:0108.04 Tract:0108.06 Tract:0108.07 Tract:0108.97
Block: 108A, 109, 111, 112,113,114,115,116,117,118,120,121, 122,123,124,125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142
Block Group:2 Tract:0108.98 Tract:0109.01 Tract:0109.02 Tract:0110.02 Tract:0110.03 Tract:0110.04 Tract:0111.01
Block: 204, 205, 206, 207A, 225, 299H Tract:0111.02
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0111.03 Tract:0111.99
District No. 2
CHATHAM Tract:0001. Tract:0003. Tract:0006.01 Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0015. Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0032. Tract:0033.01

2560

JOURNAL OF THE SENATE

Tract:0033.02 Tract:0034.
Block Group:! Block Group:2 Tract:0035.02 Block Group :1 Block Group:2 Block: 302 Tract:0036.01 Tract:0036.02 Tract:0037. Tract:0038. Tract:0039. Block Group:2 Block Group:3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract:0040.01 Block Group:! Tract:0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B, 199 Tract:0043. Tract:0044. Tract:0045. Block: 101A, 103, 104,105,106, 107,108, 109,110, 111, 112,113,114,115, 116,117,
118, 119, 120, 121, 122, 123, 124, 125, 126,127, 128,129,130, 131,132,133, 134A, 134B, 134C Block Group :2 Block Group:3 Block Group:4 Tract:0101.01 Tract:0101.02 Tract:0102. Tract:0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B, 213 Tract:0105.02 Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract:0106.01 Tract:0106.03 Tract:0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118,119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract:0106.05 Tract:0106.99 Tract:0107.98 Tract:0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144, 145B, 146, 147,148, 149, 199A, 199B Tract:0111.01 Block Group:! Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299A, 299B, 299C, 299D, 299E, 299F, 299G

MONDAY, AUGUST 21, 1995

2561

Block Group:3 Block Group:4 Block Group:5 Tract:0111.02 Block Group:! Tract:0112.98
District No. 3
BRYAN Tract:9201. Tract:9202. Tract:9203. Block: 232
GLYNN Tract:0004. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 199A, 199B, 199C, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 299, 299, 382, 383, 384, 385, 386, 387, 388, 389, 390, 399F, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 699A, 699B, 699F, 699G, 699H Tract:0005. Tract:0006. Block Group:! Block: 201, 202, 204, 205, 206, 207, 208, 209, 210, 211, 212 Block Group:3 Block: 501, 502, 599, 599 Block Group:6 Tract:0007. Tract:0008. Tract:0009.
LIBERTY LONG MCINTOSH
District No. 4
BULLOCH EFFINGHAM EVANS JENKINS SCREVEN TATTNALL
District No. 5
DEKALB Tract:0216.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119, 199 Tract:0217.02 Tract:0217.03 Block Group:! Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 426, 499, 499 Tract:0218.05

2562

JOURNAL OF THE SENATE

Block: 201, 202, 203, 205, 206, 207, 208, 209 Tract:0218.06
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138
Block Group:3 Tract:0218.08 Tract:0218.09 Tract:0218.10
Block Group:! Block Group:2 Block Group:4 Tract:0218.98 Tract:0219.02 Block Group:! Block Group:2 Block Group:3 GWINNETT Tract:0504.03 Tract:0504.07 Block Group:! Block Group:2 Block Group:4 Block Group:5 Tract:0504.08 Block Group:5 Block Group:6 Tract:0504.09 Tract:0504.10 Tract:0504.11 Tract:0504.12 Tract:0504.13 Tract:0505.06 Block: 206, 207, 208, 209, 210 Block Group:6 Tract:0507.06 Block: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 299
District No. 6
APPLING BRANTLEY GLYNN
Tract:0001. Tract:0001.99 Tract:0002. Tract:0003. Tract:0004.
Block: 126, 127, 128, 199D, 199E, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E
Block Group:4 Block Group :5 Block: 601, 602, 626, 627, 628, 699C, 699D, 699E

MONDAY, AUGUST 21, 1995

2563

Tract:0006. Block: 203 Block Group :4 Block: 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544
Tract:0010. MONTGOMERY PIERCE TOOMBS WAYNE
District No. 7
BERRIEN CAMDEN CHARLTON CLINCH COOK ECHOLS LANIER WARE
District No. 8
BROOKS LOWNDES THOMAS
Tract:9601. Tract:9602. Tract:9603. Tract:9604. Tract:9605. Tract:9606.
Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 316, 317, 321, 322, 323, 324, 325,
326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340 Block Group:4 Block Group:5 Tract:9607. Block Group:! Block: 601, 602, 603, 604, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642,
643, 644 Tract:9609.
Block: 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 135, 137, 138, 139, 140, 141, 142
Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
327, 328, 329, 330, 331, 332 Tract:9610.
Block Group:! Block Group:2 Block: 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324, 399U, 399V Tract:9611.
District No. 9
GWINNETT Tract:0504.14

2564

JOURNAL OF THE SENATE

Tract:0504.15 Tract:0504.16 Tract:0505.02
Block: 134A, 134B Tract:0505.05 Tract:0505.06
Block Group:! Block: 201, 202, 203, 204, 205, 211, 212, 213, 214, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:7 Tract:0505.07 Tract:0505.08 Block Group:! Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block Group:? Block Group:8 Tract:0507.04 Block: 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B,
112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 199A, 199B, 199C, 199D, 199E Block Group:2 Block Group:3 Block Group:4 Block Group :5 Tract:0507.05 Block: 120, 121, 162A, 162B, 163 Tract:0507.06 Block Group:! Block: 201, 202, 203, 204, 205, 206, 299 Tract:0507.07 Tract:0507.08 Tract:0507.09 Tract:0507.10 Tract:0507.11
District No. 10
DEKALB Tract:0205. Tract:0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 Tract:0208. Tract:0209. Tract:0217.04 Block Group:2 Block: 301, 304, 305, 306, 307, 313, 314, 316, 317, 318, 319, 320, 321, 322

MONDAY, AUGUST 21, 1995

2565

Block Group:9 Tract:0218.05
Block: 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234
Tract:0218.10 Block Group:3
Tract:0220.01 Block Group:! Block: 401, 402, 405, 408,409, 410, 411, 412, 413, 414, 415B, 416, 417, 421, 422, 423, 425
Tract:0222. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614
Tract:0223.02 Block: 310
Tract:0225. Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411
Tract:0226. Block: 304B
Tract:0227. Tract:0228.
Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 403, 404A, 404B, 405, 406, 407, 408, 409 Block Group:5 Block Group:6 Tract:0230. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Block Group:2 Tract:0231.01 Block: 205, 206, 207 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 508, 521, 525 Tract:0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A,
114B, 115A, 116A, 199 Tract:0231.05
Block: 405A, 409, 410 Tract:0234.03
Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 925, 926 Tract:0234.04

2566

JOURNAL OF THE SENATE

Tract:0234.05 Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 199 Block Group:2
Tract:0235.01 Block Group :2
Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03
District No. 11
COLQUITT Tract:9702. Block: 108, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 172, 173, 174, 175, 199A, 199B, 199C, 199D, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 23 IB, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 293, 294, 295, 296, 297, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299C, 299C, 299C, 299C, 299C, 299C Tract:9703. Block: 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 215B, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226A, 226B, 299, 299, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:9706. Block: 301, 302A, 302C, 303, 304, 305, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310, 311, 312, 313, 314B, 315A, 315B, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 368, 369, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Tract:9707. Block: 522B, 523, 626B Tract:9708. Tract:9709.
DECATUR EARLY GRADY MILLER MITCHELL SEMINOLE THOMAS
Tract:9606. Block: 310, 311, 312, 313, 314, 315, 318, 319, 320
Tract:9607. Block Group:2

MONDAY, AUGUST 21, 1995

2567

Block Group:3 Block Group:4 Block Group:5 Block: 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620,
621, 622, 634, 635, 636, 637, 638, 639, 640, 641, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671 Tract:9608. Tract:9609. Block: 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 132, 136, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326 Tract:9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T
District No. 12
BAKER CALHOUN CLAY DOUGHERTY
Tract:0001. Block: 303, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422
Tract:0002. Block Group:! Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 Block Group:3 Block Group:4
Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0007. Tract:0008. Tract:0009. Tract:0010. TractOOll. Tract:0012. Tract:0013. Tract:0014.01 Tract:0014.02 Tract:0015. Tract:0102. Tract:0103.01
Block: 101A, 103,104,105,106, 107,108,109, 110, 111, 112,113,114,115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 199A, 199B, 199C
Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0104.03

2568

JOURNAL OF THE SENATE

Tract:0105.
Tract:0106.01 Tract:0106.02
Block Group:! Block Group:2 Block: 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 399A, 399C Block Group:4
Tract:0107. Block: 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 150, 151, 152 Block Group:2 Block Group:3
Tract:0109. Block: 104A, 105
QUITMAN RANDOLPH TERRELL
District No. 13
COLQUITT Tract:9701. Tract:9702. Block: 101,102, 103,104,105,106,107,158C, 159,160,161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 199E, 199F, 199G, 289, 290, 291, 292 Tract:9703. Block Group:! Block: 215A, 216 Tract:9704. Tract:9705. Tract:9706. Block Group:! Block Group:2 Block: 302B, 314A, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371, 399L, 399M, 399N, 399P Tract:9707. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 510C, 511A, 511B, 511C, 512A, 512B, 513A, 513B, 513C, 513D, 514, 515, 516A, 516B, 517A, 517B, 517C, 518A, 518B, 519, 520A, 520B, 520C, 521A, 521B, 522A, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546, 599A, 599B, 599C, 599D, 599E, 599F, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628, 629, 630
CRISP DOOLY TIFT TURNER WILCOX WORTH
District No. 14

MONDAY, AUGUST 21, 1995

2569

DOUGHERTY Tract:0001. Block Group:! Block Group:2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424 Block Group :5 Block Group:6 Tract:0002. Block: 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract:0101. Tract:0103.01 Block: 101B, 102 TractO 106.02 Block: 399B Tract:0107. Block: 101, 102, 103, 117, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 Tract:0108. Tract:0109. Block: 101,102, 103,104B, 106, 107,108, 109,110, 111, 112,113, 114,115,116,117, 118, 119, 120, 121, 122, 123, 124, 125, 126 Block Group:2 Block Group:3 Tract:0110. Tract:0111.
LEE MACON PEACH SCHLEY STEWART SUMTER TAYLOR WEBSTER
District No. 15
CHATTAHOOCHEE MUSCOGEE
TractOOOl. Tract:0015.
Block: 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438
Tract:0016. Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A
Tract:0020. Tract:0022. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029.01 Tract:0029.02 Tract:0030. Tract:0031. Tract:0032.

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JOURNAL OF THE SENATE

Tract:0033. Tract:0034. Tract:0106.02 Tract:0106.04 Tract:0106.05 Tract:0106.06 Tract:0107.01 Tract:0107.02 Tract:0107.03 Tract:0108. Tract:0109.
District No. 16
HARRIS MARION MUSCOGEE
Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015.
Block Group:! Block Group:2 Block Group:3 Block: 402, 410, 411, 412, 414, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433 Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B Tract:0018. Tract:0019. Tract:0021. Tract:0023. Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105. Tract:0110. TALBOT

MONDAY, AUGUST 21, 1995

2571

District No. 17
BUTTS HENRY NEWTON
Tract: 1002. Block: 186,187, 188,189, 190, 192, 201, 202, 203, 204,205, 206, 207,208, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 243, 244, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 260B, 261A, 261B, 261C, 262A, 262B, 263A, 263B, 264A, 264B, 265A, 265B, 265C, 266, 267, 268A, 268B, 271A, 271B, 272, 299G, 299H, 299J, 299K, 299L, 299M, 299N, 299P, 299R, 299T, 299U Block Group:3 Block Group :4
Tract:1003. Block: 317, 318, 319, 320, 321, 322, 323
Tract: 1005. Block: 150, 151, 153, 154, 155, 156, 157, 158, 159, 166B, 168B, 169, 170, 171, 172, 173, 174, 175, 176, 186, 199F, 199G
Tract: 1008. Tract: 1009.
Block Group:! Block: 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229, 230, 231, 232, 233, 299C ROCKDALE
Tract:0602. Block: 509 Block Group:6 Block: 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 799, 799
Tract:0603.02 Block: 622, 626, 627, 633, 634, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 699A, 699B
Tract:0604.01 Tract:0604.02
District No. 18
BIBB Tract:0129. Tract:0130. Block Group:! Block: 201C, 202, 231C, 232B, 273A, 273B, 274C, 275, 276B, 277B, 278A, 278B, 279A, 279B, 279C, 280, 281A, 281B, 281C, 282, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 299B, 299C, 299E, 299F, 299G, 299H, 299J Tract:0135.01 Block: 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 499C Block Group:5 Tract:0135.02
BLECKLEY HOUSTON PULASKI
District No. 19
ATKINSON BACON BEN HILL COFFEE

2572

JOURNAL OF THE SENATE

DODGE IRWIN JEFF DAVIS TELFAIR
District No. 20
CANDLER EMANUEL JEFFERSON
Tract:9603. Block: 368, 369, 394, 396, 397, 399U
Tract:9604. Block: 111, 112, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 181, 182A, 182B, 183, 184, 185A, 185B, 186, 187 188, 189, 190, 191, 192, 193, 194, 195, 196, 199A, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199D, 199D, 199D, 199D Block Group :2 Block Group:3 Block Group :4
JOHNSON LAURENS TREUTLEN WASHINGTON WHEELER
District No. 21
COBB Tract:0302.05 Block: 701, 706, 799, 799 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13 Tract:0303.14 Tract:0303.15 Block Group :4 Block Group:5 Block Group :6 Block Group:7 Block: 802, 803, 807, 808, 809, 810, 811, 812 Tract:0303.16 Block Group:! Block Group:2 Block: 707, 708 Tract:0303.17 Block Group:! Block Group:2 Block Group:5 Block Group:6 Block Group:7 Tract:0303.18

MONDAY, AUGUST 21, 1995

2573

Block: 201 Tract:0303.19 Tract:0304.01
Block: 901A, 902, 903, 904, 906A, 906B, 907A, 907B, 908, 909, 911, 912, 913, 914, 915, 916, 917, 918, 919A, 919B, 920A, 920B, 920C, 920D, 920E
Tract:0304.02 Block: 127, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group:3 Block Group:6
Tract:0304.05 Block Group:! Block Group :2 Block Group:3 Block: 401A, 401C, 401D, 401E, 402A, 402B, 403, 404, 405, 406B, 407C Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group :9
Tract:0305.01 Block Group:! Block Group:2 Block Group:3 Block Group :4 Block Group :5 Block Group:6 Block Group:7 Block Group:8 Block: 906, 907
Tract:0305.02 Block Group:! Block Group:2 Block Group:3 Block Group:4
Tract:0305.03 Block: 201, 202A, 202B, 203, 204, 205A, 205B, 205C, 206, 207 Block Group:3 Block Group:4 Block Group :5
District No. 22
BURKE RICHMOND
Tract:0001. Block: 212, 301, 411,412,414,415, 501, 502,505, 506, 507, 508, 509, 511, 512, 516A, 516B
Tract:0004. Tract:0006. Tract:0007. Tract:0008.
Block Group:2 Block Group:3 Tract:0009. Tract:0010. Block: 105A, 105B, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209,
305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316 Block Group :4

2574

JOURNAL OF THE SENATE

Tract:0011.
Block: 209, 210, 211, 212, 213, 214, 215, 216, 217 Block Group:3 Tract:0012. Block: 112, 113 Block Group:2 Block Group:3
Block Group:4 Block: 501, 503, 506, 507, 508, 509, 510, 511, 605, 606, 607, 608, 616, 901A Tract:0013. Tract:0014. Tract:0015. Tract:0016. Block: 210, 211, 214 Block Group:4 Block: 503A, 503B, 504, 513 Block Group:6 Block: 901A, 901B, 902, 903A, 903B, 903C, 904, 905A, 905B, 911A, 911B, 912 Tract:0103. Tract:0104. Tract:0105.04 Block: 910, 912, 913, 914, 927, 928, 929, 930, 931, 934, 935, 936, 937, 938, 939, 941,
942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 999B, 999C, 999D Tract:0105.05 Tract:0105.06 Tract:0105.07 Tract:0105.08 Block Group:! Block: 701, 702, 703, 704, 705, 706, 707, 711 Tract:0105.10 Block Group:! Block Group:9 Tract:0105.11 Block: 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328 Block Group:9 Tract:0106. Tract:0107.03 Tract:0107.04 Tract:0107.06 Block: 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 199F
Tract:0108. Block: 901E, 901F, 999C
Tract:0109.02 Block Group:! Block: 201, 202, 203, 204, 225, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471,
472, 484, 485, 499, 499, 499, 499, 499
District No. 23
COLUMBIA Tract:0301.01 Block Group:! Block Group:2

MONDAY, AUGUST 21, 1995

2575

Tract:0301.03 Tract:0302.01
Block: 135, 136 Tract:0302.02 Tract:0306.03
Block: 301, 302, 313, 314, 328, 330, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 339, 340, 399A, 399B, 399C, 399D, 399E
JEFFERSON Tract:9601. Tract:9602. Tract:9603. Block Group:! Block Group :2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T Block Group:4 Block Group:5 Block Group:6 Tract:9604. Block: 101,102, 103, 104,105, 106,107, 108,109, 110,113,115, 136,137, 138,144, 145, 171, 172, 173,174, 175, 176,177, 178, 179, 180, 197, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B
RICHMOND Tract:0001. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 404, 405, 407, 409, 410, 413, 416, 417, 503, 504, 510, 513, 514A, 514B, 514C, 515, 516C, 517, 518, 519, 520, 521, 522, 525, 599 Tract:0002. Tract:0003. TractOOOS. Block Group:! Tract:0010. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304 Tract:0011. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208 Tract:0012. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513, 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract:0016. Block Group:! Block: 201, 202A, 202B, 203, 204,205,206, 207A, 207B, 207C, 208A, 208B, 209, 212, 213A, 213B, 215, 216, 217, 218, 219A, 219B, 220, 221, 222, 223, 226A, 226B, 227A, 227B, 227C, 229, 232, 233, 235 Block Group:3 Block: 501, 502, 515, 516, 517, 901C Tract:0101.01 Tract:0101.02 Tract:0101.04

2576

JOURNAL OF THE SENATE

Tract:0101.05 Tract:0102.01 Tract:0102.03 Tract:0102.04 Tract:0105.04
Block Group:! Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920,
921, 922, 923, 924, 925, 926, 932, 933, 940, 999A Tract:0105.08
Block: 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721 Tract:0105.09 Tract:0105.10
Block Group:2 Block Group :4 Block Group:5 Tract:0105.11 Block: 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 399 Block Group:4 Tract:0107.05 Tract:0107.06 Block: 103, 104, 105, 106, 107, 108, 109, 110, 122, 124, 125, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 164, 165, 174, 179, 180, 181, 182, 199A, 199B, 199C, 199D, 199E, 199G, 199H Block Group:2 Block Group:3 Tract:0108. Block: 901A, 901B, 901C, 901D, 901G, 901H, 901J, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 999A, 999B, 999D, 999E, 999F, 999G, 999H, 999J, 999K, 999L, 999M, 999N, 999P, 999R, 999T, 999U, 999V, 999W, 999X Tract:0109.01 Tract:0109.02 Block: 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299, 299, 299, 299 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499, 499, 499, 499, 499, 499, 499, 499, 499, 499, 499
District No. 24
COLUMBIA Tract:0301.01 Block Group:3 Block Group :4 Tract:0301.02 Tract:0302.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 199 Tract:0302.03 Tract:0303.01 Tract:0303.02 Tract:0304. Tract:0305.01 Tract:0305.02

MONDAY, AUGUST 21, 1995

2577

Tract:0306.03 Block: 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 329, 399F, 399G
GLASCOCK LINCOLN MCDUFFIE OGLETHORPE WARREN WILKES
District No. 25
BALDWIN GREENE HANCOCK JASPER JONES
Tract:0301.01 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399, 399, 399
Tract:0301.02 Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 929B, 933, 934, 935, 936, 937, 938, 939, 940, 941B, 942B, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952
Tract:0302. Tract:0303. MORGAN PUTNAM TALIAFERRO
District No. 26
BIBB Tract:0101. Tract:0102. Block Group:! Block Group :2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract:0103. Block Group:! Block: 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Tract:0104. Tract:0105. Tract:0106. Tract:0107. Tract:0108. Tract:0110. Block Group:! Block Group:2 Block: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 399B

2578

JOURNAL OF THE SENATE

Block Group:4 Block Group :5 Block Group:6 Tract:0111. Tract:0112. Tract:0113. Tract:0114. Tract:0115. Tract:0117.01 Tract:0117.02 Tract:0122. Block: 105A, 105B, 115, 116, 117, 201,202, 203, 204, 205, 206, 207, 208A, 208B, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 227, 228A, 228B, 228C, 228D, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299, 299, 299 Tract:0123. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 599, 599 Tract:0124. Tract:0125. Tract:0126. Tract:0127. Tract:0128. Tract:0130. Block: 201A, 201B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232A, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 274A, 274B, 276A, 277A, 292,293, 294, 295, 296, 297, 299A, 299D Tract:0131.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 502A, 502B, 502C, 503, 504A, 504B, 504C, 504D, 504E, 504F, 504G, 504H, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 599A, 599B Tract:0131.02 Tract:0132.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 115A, 118A, 119A, 120A, 121A, 121B, 122, 201A Block Group:3 Block Group:4 Tract:0132.02 Block: 101, 102A, 102C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 199 Block Group :2 Block Group:3 Tract:0133.01 Tract:0133.02 Tract:0137.97 JONES Tract:0301.01

MONDAY, AUGUST 21, 1995

2579

Block: 328A Tract:0301.02
Block: 903A, 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932, 941A, 942A TWIGGS WILKINSON
District No. 27
BIBB Tract:0102. Block: 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract:0103. Block: 204 Tract:0110. Block: 317, 318, 319, 399A Tract:0118. Tract:0119. Tract:0120. Tract:0121. Tract:0122. Block: 101, 102, 103, 104, 109, 110, 111, 112, 113, 199, 226 Tract:0123. Block: 501B, 502, 503, 504, 505, 506, 507, 508 Tract:0130. Block: 290 Tract:0131.01 Block: 501 Tract:0132.01 Block: 101B, HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 121E, 123, 124,199, 199, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B, 299 Tract:0132.02 Block: 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract:0134.97 Tract:0134.98 Tract:0135.01 Block Group:! Block Group:2 Block Group:3 Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 499A, 499B Tract:0136.01 Tract:0136.02 Tract:0137.98
CRAWFORD LAMAR MONROE UPSON
District No. 28
COWETA FAYETTE
Tract: 1402.02 Block: 302A, 304A, 305A, 306, 403A, 403D, 404, 405, 408, 409, 410, 411, 412, 413, 499A, 499C, 501A, 502A, 503, 506A, 507, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576,

2580

JOURNAL OF THE SENATE

577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A Tract:1403.01 Tract: 1403.02 Tract: 1404.01 Block: 307B, 307C, 307D, 312D, 314B, 315B, 315C, 316, 317, 318C, 318D, 319B, 321B, 321C, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399B, 399C Block Group:4 Tract: 1404.02 Block Group :4 Tract: 1405.01 Tract: 1405.02 SPALDING Tract: 1601. Tract: 1602. Tract: 1603. Block Group:! Tract: 1604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 111, 112, 113A, 114, 115, 116. 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168, 201A Tract: 1605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119, 120, 121, 122, 123C, 124, 125, 127B, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150A, 150B, 151A, 151B, 152A, 152B, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161A, 161B, 162B, 162C, 163B, 164, 173A, 173B, 174A, 174B, 174C, 175, 176, 177A, 177B, 178, 179, 199A, 199C, 199D, 199E, 199F, 199G Tract: 1606. Tract: 1607. Block: 520B, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 527A, 527B, 528A, 528B, 532A, 532B, 532C, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B,599C Tract: 1608. Block: 101, 102, 103, 104, 105, 106, 107, 108B, 199, 199, 199, 250, 303, 304, 305 Tract:1609. Block: 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 113A, 114A, 115A, 116A, 117, 118A, 119, 120, 121, 122, 123, 124 Block Group:2 Block: 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 436, 437 Block Group:5 Tract:1610. Tract:1611. Tract: 1612. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126, 201, 212, 213, 225, 301, 312A, 318, 321B, 329, 330, 399, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 428A, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 499, 499, 499, 499, 499
District No. 29
HEARD MERIWETHER PIKE SPALDING

MONDAY, AUGUST 21, 1995

2581

Tract: 1603. Block Group:2
Tract: 1604. Block: HOB, 113B, 119, 120A, 120B, 121, 122, 123A, 123B, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153,154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162A, 162B, 163A, 163B, 164A, 164B, 164C, 165, 169, 170, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251A, 251B, 252, 253, 254 Block Group:3 Block Group:4
Tract: 1605. Block: 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B
Tract: 1607. Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 516B, 517A, 517B, 518, 519, 520A, 529, 530A, 530B, 531, 532D, 557, 558, 559, 560, 561, 562
Tract: 1608. Block: 108A, 109,110, 111, 112, 113,114, 115,116,117,118,119,120,121,122,123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 301, 302, 306, 307, 308, 309, 310, 311 Block Group:4
Tract: 1609. Block: 108B, 109, 110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401,402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441
Tract:1612. Block: 119B, 120, 121, 122, 123B, 199, 199, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312B, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 405A, 406A, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447, 499, 499
TROUP
District No. 30
CARROLL DOUGLAS
Tract:0802. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 199, 199, 202, 203, 210, 211, 212, 214, 215, 216, 220, 225, 226, 227, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 499, 504, 505, 506, 507, 508, 509, 510
Tract:0803. Tract:0804. Tract:0805.01 Tract:0805.03 Tract:0805.04 Tract:0806.01
Block Group:! Block: 204, 205 Block Group:3 Tract:0807.98

2582

JOURNAL OF THE SENATE

District No. 31
BARTOW Tract:9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B Tract:9604. Block: 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract:9605. Block Group:! Block Group:2 Block: 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract:9606. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B, 614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624, 699A, 699C, 699D Tract:9607. Block: 137, 138, 139, 140A, 140B, 140C, 140D, 141A, 141B 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 199A, 199B, 199C, 199D Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9608. Block: 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A, 531B, 531C, 532, 533, 534, 535 Tract:9609. Tract:9610. Block: 103,105,106,107,108,109,110, 111, 112A, 112B, 113A, 113B, 114,115,116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194,195,196,197,199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L Block Group:2
HARALSON PAULDING POLK
District No. 32
COBB Tract:0303.15 Block: 801, 804, 805, 806 Tract:0303.16 Block Group:3

MONDAY, AUGUST 21, 1995

2583

Block Group :4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712, 799, 799, 799, 799 Block Group:8 Block Group:9 Tract:0303.17 Block Group:3 Block Group:4 Tract:0303.18 Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 299, 299, 299 Block Group:3 Block Group:4 Block Group:9 Tract:0303.20 Tract:0303.21 Block Group:2 Block: 301, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401,402B, 402C, 403B,
403C, 403D, 404B, 405A, 405B, 406B, 408B, 412, 413 Block Group:5 Block Group:6 Block Group:9 Tract:0304.01 Block Group:! Block Group:2 Block: 901B, 905, 910 Tract:0304.02 Block: 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
126, 201, 212, 213, 214, 215 Block Group:9 Tract:0304.05 Block: 401B, 406A, 407A, 407B, 407D, 407E, 407F, 407G, 408, 409, 410 Tract:0304.06 Block: 401D, 401F, 501D Block Group:6 Block Group:7 Block Group:8 Tract:0310.01 Block: 210, 216C, 216D, 228B Tract:0310.02 Block: 120A Tract:0310.03 Block: 110A, 112A, 113A Tract:0311.01 Block Group:! Block: 201, 203, 210, 211, 212, 213, 214 Block Group:3 Tract:0311.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, HOC, HOD,
HOE, 110F, 111, 116A, 116B, 117, 118, 119, 120, 122 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0311.05 Tract:0311.06

2584

JOURNAL OF THE SENATE

Tract:0311.07 Tract:0311.08
Block: 303A, 304, 308, 310A, 319 Tract:0311.09
Block: That part of Block 102 which lies south and west of Spring Lake Drive ex tended to its intersection with Lake Park Drive, 109, 113, 114, 119, 120
Tract:0312.02
Block: 301, 302, 303, 305, 309, 310, 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 399B, 399C, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505, 528, 529, 530
Block Group:6 Tract:0312.03
Block: 101B, 102, 103, 104, 105, 106, 107B, 107C, 109, 110A, HOB, 111, 112, 113, 114, 115
Block Group:5 Tract:0312.04 Tract:0313.01
Block: 101B, 155A, 155B, 155C, 156, 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 234, 235
Block Group :4 Block Group:9 Tract:0313.02 Block: 401, 404C, 405B, 407, 408A Tract:0314.03 Block: 101, 102, 103, 104, 105 Block Group:2 Block Group:3 Block Group :4
District No. 33
COBB Tract:0303.21 Block: 302A, 402A, 403A, 404A, 406A, 407, 408A, 409, 410, 411 Tract:0304.04 Tract:0304.06 Block Group:! Block Group:3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract:0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C, 905D, 908A, 908B, 909 Tract:0305.02 Block Group:6 Tract:0305.03 Block Group:! Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group:6 Tract:0306. Block: 101A, 101B, 102A, 102B, 103A, 103B, 106A, 106C, 107, 108A, 108B, 109A, 109B, 109C, 110A, HOB, HOC, 111, 112,113A, 113B, 114,115A, 115B, 115C, 116, 117, 118A, 118B, 118C, 119A, 119B, 119C, 120A, 120B, 121, 122A, 122B, 123, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128A, 128B, 132A, 132B, 132C Block Group:2 Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 406, 407, 408, 409, 410

MONDAY, AUGUST 21, 1995

2585

Tract:0307. Tract:0308. Tract:0309.02
Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group:5 Block Group:6 Block: 701A, 701B, 701C Tract:0309.03 Block Group:! Block Group:2 Block Group:? Block Group:8 Tract:0310.01 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217,
218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231, 299 Block Group:9 Tract:0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117,
118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract:0310.03 Block: 102, 103, 104, 105, 107, 108, 109, HOB, 111, 112B, 113B Block Group:2 Block Group:3
Block Group:4 Block Group :5 Block Group:6 Block Group:7 Block Group:8 Tract:0311.01 Block: 202, 204, 205, 206, 207, 208, 209 Tract:0311.03 Block: 112, 113, 114, 115, 121, 128 Tract:0311.08 Block Group:! Block Group:2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313B, 313C, 314A,
314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399 Block Group:4 Tract:0311.09 Block: 101A, 101B, 101C, That part of Block 102 which lies north and east of Spring
Lake Drive, extended to its intersection with Lake Park Drive, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 110, 111, 112, 115A, 115B, 116, 117A, 117B, 118 Block Group:5 Tract:0312.03 Block: 101A, 107A, 108 Tract:0313.01 Block: 101A, 102,103,104,105,106,107, 108,109,110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 299 Block Group:3 Tract:0313.02

2586

JOURNAL OF THE SENATE

Block Group:! Block Group:2 Block Group:3 Block Group:9 Tract:0313.04
Tract:0313.05 Tract:0314.03
Block: 106, 107, 108, 109, 110, 111, 112, 113, 114
Block Group:5 Block Group:6 Tract:0314.04
Tract:0314.98 Block Group:! Block: 201, 202, 204A, 204B, 205, 206, 207, 208A, 208B, 209, 213, 247, 250A, 250B, 250C, 299 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7
Tract:0315.01 Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B, 313, 314, 315A, 315B, 316, 317, 318, 319, 399 Block Group:4 Block Group:5 Block Group:6 Block Group:7
Tract:0315.02 Block Group:! Block Group:2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404, 405, 406,407, 408, 409, 410, 411,412, 413, 414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505B, 505C, 507, 508, 509, 510, 511, 512, 513, 514, 521, 522, 523A, 523B, 524, 527, 528, 529 Block Group:6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 706, 708 Block Group:8 Block: 906A, 907A, 908A, 909, 910A
Tract:0316.97
District No. 34
CLAYTON Tract:0404.01 Block: 710, 711 Tract:0404.02 Block: 516, 517, 518, 519, 520, 522, 523, 524, 525, 526, 527, 528, 599
Tract:0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222,
223, 224 Block Group:3 Block: 401, 405, 406, 407, 408, 409 Tract:0405.05 Block: 601A, That part of Block 601B which lies South of a branch of Camp Creek,
602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614
Tract:0405.07 Tract:0405.08 Tract:0406.03

MONDAY, AUGUST 21, 1995

2587

Block Group:! Block Group:2 Block: 301, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, 315 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Tract:0406.04 Block Group:2 Block: 303, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312,
313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338A, 338B, 341 Tract:0406.05 Tract:0406.06 Tract:0406.07 Tract:0406.08 DOUGLAS Tract:0801.98 Tract:0802. Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228, 299 Block Group:3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract:0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 299 Block Group:4 Block Group:5 Block Group:6 Tract:0806.02 Tract:0807.97 FAYETTE Tract:1401.01 Tract:1401.02 Tract:1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 399, 399, 401, 402, 403B, 403C, 406, 407, 499B, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B, 599B Tract:1404.01 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312G, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A, 399A Block Group:5 Tract: 1404.02 Block Group:! Block Group:2 Block Group:3 FULTON Tract:0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 899, 899, 899, 899, 899, 899, 899, 899, 899 Tract:0104.
District No. 35
FULTON

2588

JOURNAL OF THE SENATE

Tract:0073.
Block: 209B
Tract:0077.02 Block: 222,223, 301, 302, 303, 304, 314, 315, 316, 317, 319, 320, 321, 322, 323, 325A,
325B, 326, 327, 330, 399A, 399B Block Group :4
Tract:0078.02 Block: 101A, 101B, 102A, 102B, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109, 110,114,115,116, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 120, 121,122,123, 125, 126, 127, 199A, 199B, 199C, 199D, 199E, 199F
Block Group:2 Block Group:3 Tract:0078.03 Block: 245B, 301D, 302B, 303B, 304, 305, 306
Block Group:4 Block Group:5 Block Group:6 Block: 704B, 705, 706B, 707B, 707C, 708 Tract:0103.01 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709, 721, 722, 799, 841, 842 Tract:0103.02 Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109.
Tract:0110. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A
Block Group:2 Block Group:3 Block Group :4 Block Group :5 Block Group:6 Tract:0111. Block: 310, 311, 312A, 312B, 314, 403, 406, 408, 409, 410B, 411, 412, 413, 414, 415,
416, 417, 418, 420, 421 Tract:0112.02
Block Group:! Block Group:2
Block Group:3 Block Group:4 Block Group:5 Block: 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614
Block Group:? Block Group:8 Tract:0113.01 Block: 110, 112, 118, 202, 203, 204, 205, 206, 208, 210, 211, 303, 304, 305, 306, 307,
308, 309, 310, 311 Block Group:4 Block: 501, 502, 503, 599 Tract:0113.02

MONDAY, AUGUST 21, 1995

2589

District No. 36
FULTON TractrOOOl. Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group:5 Tract:0002. Block: 201, 206, 207, 208, 209, 210, 211 Block Group:3 Block Group:4 Block Group:5 Tract:0004. Block: 101, 199 Tract:0005. Block: 201, 207
Tract:0011. Block: 105
Tract:0013. Tract:0014. Tract:0015. Tract:0016. Tract:0017.
Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0027.
Tract:0028. Tract:0029. Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95 Tract:0050. Tract:0052. Tract:0053. Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057.
Block: 209, 210, 302, 306, 307, 308 Tract:0063. Tract:0064. Tract:0065.
Block: 108, 109, 110, 114, 115 Block Group:2 Block Group:3 Block Group:4 Block Group :5 Tract:0067. Tract:0068.01 Tract:0068.02

2590

JOURNAL OF THE SENATE

Tract:0069. Tract:0070. Tract:0071.
Tract:0072. Tract:0073.
Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208,209A, 210, 211, 212, 213,215, 216, 219
Block Group:3 Tract:0074.
Block Group:! Block: 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract:0075. Block Group:! Block: 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301
Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507 Tract:0110. Block: 114B
District No. 37
CHEROKEE Tract:0907. Block: 511 Tract:0908. Block: 799 Tract:0909.03 Tract:0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 199 Block Group:2 Block Group:3 Tract:0910.02 Tract:0910.03 Tract:0911.01 Tract:0911.03 Tract:0911.98 Tract:0912.98
COBB Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05 Block Group:6 Block: 702, 703, 704, 705 Block Group:8 Block Group:9 Tract:0302.06 Tract:0302.07 Tract:0306. Block: 104A, 104B, 105, 106B, 308C, 312, 405A, 405B, 405C, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424J, 424K, 424L, 424M,
425A, 425B, 425C, 426, 499 Block Group :5 Block Group:6 Block Group:7

MONDAY, AUGUST 21, 1995

2591

Block Group:9 Tract:0309.01 Tract:0309.02
Block: 408, 409, 410, 411, 702 Tract:0309.03
Block Group:3 Block Group :4 Block Group:5 Block Group:6 Tract:0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227,
228 Tract:0314.98
Block: 203, 210 Tract:0315.01
Block Group:! Block Group:2
Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract:0315.02
Block Group:3 Block: 403B, 504, 505A, 506, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C,
519D, 519E, 519F, 520, 525A, 525B, 526A, 526B, 526C, 526D, 530, 599, 599, 701A, 701B, 704, 705A, 705B, 705C, 705D, 707A, 707B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B, 999 Tract:0316.98
District No. 38
COBB Tract:0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 399A, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506,
507, 508, 509, 510, 511, 513, 514, 526, 527 Tract:0313.02
Block: 402, 403, 404A, 404B, 405A, 406, 408B, 409, 410, 411, 499 Block Group:5 FULTON Tract:0024. Block: 208 Block Group:4 Block Group:5 Tract:0040. Tract:0041. Block: 310B Tract:0077.01 Tract:0077.02 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 218, 219, 220, 221, 299, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 331, 399C Tract:0078.02 Block: 117A, 117B, 124A, 124B, 128, 129A, 129B Tract:0078.03 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 299A, 299B, 299C, 299D, 301A, 301B, 301C, 302A, 303A, 701, 702, 703, 704A, 706A, 707A

2592

JOURNAL OF THE SENATE

Tract:0078.04 Tract:0079. Tract:0080.
Block: 403, 404A, 506A, 510
Block Group:6 Tract:0081.01 Tract:0081.02 Tract:0082.01
Tract:0082.02 Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085.
Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126
Block Group:2 Block Group:3 Block Group:4 Tract:0089. Block: 504, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519,
522, 527, 528, 529, 530 Block Group:6 Tract:0090. Block: 105, 106, 107, 108, 109, 110, 111, 112 Block Group:2 Block: 301, 305A, 307, 310, 316 Tract:0097. Tract:0098. Block: 101A, 102,103A, 104, 105,106,107A, 107B, 108, 109,110, 111, 112,113,114,
117, 118, 199, 199, 199, 199, 217, 311, 401, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract:0099. Block: 308, 309, 310, 311, 313 Tract:0102.01 Block: 703A, 706A, 707, 708, 799A
District No. 39
FULTON Tract:0001. Block Group:! Block Group:2 Block Group:3 Block: 401
Tract:0002. Block Group:! Block: 202, 203, 204, 205
Tract:0004. Block: 102, 103, 104, 105, 106 Block Group:2 Block Group:3
Tract:0005. Block Group:!

MONDAY, AUGUST 21, 1995

2593

Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219
Block Group:3 Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 Tract:0011.
Block: 101, 102, 103, 104, 106, 107, 108, 109 Block Group:2 Tract:0012. Tract:0022. Tract:0023. Tract:0024. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207 Block Group:3 Tract:0025. Tract:0026. Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0041. Block Group:! Block Group:2
Block: 301, 302, 303, 304, 305, 306, 308, 309, 310A Block Group :4 Tract:0042.95 Tract:0043. Tract:0057. Block Group:! Block: 201, 202, 203, 204, 205, 206, 208, 211, 212, 301, 303, 304, 305, 310, 311 Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0065. Block: 101, 102, 103, 104, 105, 106, 113 Block Group:6 Tract:0066.01 Tract:0066.02 Tract:0074. Block: 211B, 212B Tract:0075. Block: 203B, 204B, 210B, 211B, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310A,
310B, 311A, 311B, 508 Tract:0076.01 Tract:0076.02 Tract:0080.
Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 404B, 405, 406, 407, 408, 409, 410, 501, 502, 503, 504, 505, 506B,
507, 508, 509 Tract:0088.

2594

JOURNAL OF THE SENATE

Block: 127, 128 Tract:0089.
Block Group:!
Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 505, 515, 520, 521, 523, 524, 525, 526 Tract:0090. Block: 305B
Tract:0091. Block: 102, 103
Tract:0092. Tract:0093.
Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407 Tract:0094.01 Tract:0094.02 Tract:0096. Block: 303 Tract:0111. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 315, 316, 317, 318, 319, 320, 321,
401, 402, 404, 405, 407, 410A Tract:0112.01 Tract:0112.02
Block: 602 Tract:0113.01
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 113, 116, 119, 209, 301, 302, 504, 505, 506, 507, 508, 510, 511
Block Group:6
District No. 40
FULTON Tract:0090. Block: 101, 102, 103, 104, 302, 303, 304, 306, 308, 309, 311, 312, 313, 315 Tract:0091. Block: 101, 104, 105, 106, 107, 108, 109 Block Group:2 Block Group:3 Block Group:4 Tract:0093. Block Group:! Block: 408 Block Group:5
Tract:0095. Tract:0096.
Block Group:! Block Group:2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0098.

MONDAY, AUGUST 21, 1995

2595

Block: 101B, 103B, 103C, 115, 202, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 218, 299, 303, 304, 305, 306, 307, 308, 309, 310, 403, 404, 405, 406, 407, 408
Tract:0099. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307
Tract:0100. Tract:0101.01 Tract:0101.03 Tract:0101.05 Tract:0101.06 Tract:0101.07 Tract:0101.08 Tract:0102.01
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703B, 704, 705, 706B, 799B Tract:0102.03 Block Group:! Tract:0102.04 Block Group:3 Block Group :4 Block Group:5 Block Group :6 Block Group:7 Block Group:8 Tract:0102.05 Tract:0114.08 Block: 203D, 301B, 399D Tract:0114.09 Block Group:2 Block Group:3 Tract:0114.10 Tract:0114.11
District No. 41
DEKALB Tract:0211. Tract:0212.02 Tract:0212.05 Tract:0212.07 Tract:0212.08 Block: 101, 102,103, 104,105,106,107,108,109, 110, 111, 112,113,114, 115B, 116, 201B, 202, 203, 204, 205, 206B, 207, 208B, 209B, 211B, 213B, 214B, 301, 302B, 303B Tract:0212.09 Block: 301B, 302, 303, 405B, 406B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 499, 499 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01

2596

JOURNAL OF THE SENATE

Block: 101B, 102, 103, 104, 105B, 106, 123, 124 Tract:0213.04
Block: 101C, 105C, 106B, 114, 115,117B, 117C, 228B, 229, 230, 232, 233B, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C, 399, 399, 399, 399
GWINNETT Tract:0503.04 Tract:0503.05 Tract:0503.06 Tract:0503.07 Tract:0503.08 Block: 102, 103 Block Group:2 Block Group:3 Block: 401, 402, 404, 405, 406, 407, 499, 499, 499 Tract:0503.10 Block Group:! Block Group:2 Block Group:3 Block: 403, 404, 405, 406, 407, 408, 409, 410, 499A Tract:0503.11 Tract:0503.12 Tract:0503.13 Tract:0503.14 Tract:0504.06 Tract:0504.07 Block Group:3 Tract:0504.08 Block Group:! Block Group:3 Block Group:4 Tract:0508.98
District No. 42
DEKALB Tract:0201. Tract:0202. Tract:0203. Tract:0204. Tract:0206. Block: 101 Tract:0207. Block: 214A Tract:0212.04 Tract:0212.08 Block: 115A, 201A, 206A, 208A, 209A, 210, 211A, 212,213A, 214A, 302A, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317, 318 Tract:0212.09 Block: 301A, 401, 402, 403, 404, 405A, 406A, 407, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract:0213.01 Block: 101A, 105A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract:0213.02 Tract:0213.03 Tract:0213.04

MONDAY, AUGUST 21, 1995

2597

Block: 101A, 101B, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 117A, 120, 122, 201, 202, 203, 204, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B
Tract:0214.01 Tract:0214.02 Tract:0214.03 Tract:0214,04 Tract:0215. Tract:0216.01
Block: 112, 116, 117, 118, 120 Block Group:2 Block Group:3 Block Group:4 Tract:0216.02 Tract:0216.03 Tract:0217.03 Block: 420 Tract:0217.04 Block: 302, 303, 308, 309, 310, 311, 312, 315 Tract:0220.01 Block: 415A Tract:0222. Block: 609A, 610A Tract:0223.01 Tract:0223.02 Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 408, 412 Block Group:5 Block Group:6 Block Group:? Tract:0226. Block Group:! Block Group:2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
319, 321, 322 Block Group:4 Block Group:5 Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402
District No. 43
DEKALB Tract:0231.03 Block: 101, 102, 104, 105, 106, 107, 108, 109, 112, 117, 118, 119, 121, 122, 199 Tract:0232.03 Tract:0232.05 Block: 401, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 510, 511, 512, 513, 519, 520, 521, 522 Tract:0232.06

2598

JOURNAL OF THE SENATE

Tract:0232.07 Tract:0233.02 Tract:0233.03 Tract:0233.06
Block: 401, 403, 404, 405, 406, 499, 499 Block Group:5 Tract:0233.07 Tract:0233.08 Tract:0234.03 Block: 920, 921, 923, 924, 999, 999 Tract:0234.05 Block: 101, 114, 115, 199 Block Group:3 Block Group:4 Block Group:5 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.02 Block: 113, 114, 201, 202, 203, 205, 206, 216 Block Group:3 Block Group:4 Tract:0235.03 Tract:0239.98
District No. 44
CLAYTON Tract:0401. Tract:0402. Tract:0403.01 Tract:0403.02 Tract:0403.03 Tract:0403.04 Tract:0403.05 Tract:0404.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract:0404.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 521, 529, 530, 531, 532, 533 Block Group:8 Block Group:9 Tract:0404.03 Block Group:! Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C, 215, 216, 219, 225, 226, 227, 228, 229, 402, 403, 404, 410, 411, 412, 499, 499 Tract:0404.05 Tract:0404.06

MONDAY, AUGUST 21, 1995

2599

Tract:0405.03 Tract:0405.04 Tract:0405.05
Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block: 610B, That part of Block 60 IB which lies north of a branch of Camp Creek. Tract:0405.06 Tract:0406.03 Block: 304, 305, 306, 316, 317 Block Group:9 Tract:0406.04 Block: 301A, 301B, 302, 304, 319, 323, 324 Block Group:4 Block Group :5 Block Group:6
District No. 45
BARROW Tract:1801. Tract:1802. Block: 131, 133, 134, 135, 199, 199, 213, 214, 215, 223, 224, 225, 232A, 232B, 232C, 233A, 233B, 299A, 354 Tract: 1803. Block: 108, 109, 110, 111, 112, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 199B, 256, 266, 267, 268, 269, 270 Tract: 1804. Block: 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 240, 241, 242, 243, 299B, 299C, 299D, 299F Tract: 1805. Block: 101, 102, 103, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 199A Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442
NEWTON Tract: 1001. Tract: 1002. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 191, 193, 194, 195, 196, 197, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 242, 269, 270, 299A, 299B, 299C, 299D, 299E, 299F Tract: 1003. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 399 Tract: 1004. Tract:1005.

2600

JOURNAL OF THE SENATE

Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142,143,144, 145,146,147,148,149, 152,160, 161,162,163, 164, 165, 166A, 167, 168A, 177,178A, 178B, 179,180,181,182,183A, 183B, 184,185,187,199A, 199B, 199C, 199D, 199E
Tract:1006. Tract: 1007. Tract: 1009.
Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 299A, 299B ROCKDALE
Tract:0601. Tract:0602.
Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 510, 511, 599, 701A Tract:0603.02 Block Group:2 Block Group:3 Block Group :4 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614,
615, 616, 617, 618, 619, 620, 621, 623, 624, 625, 628, 629, 630, 631, 632, 635, 636, 699C Tract:0603.03 Tract:0603.04 WALTON
District No. 46
BARROW Tract: 1802. Block: 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114,115, 116,117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207, 208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 299B, 299C, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 355, 356A, 356B, 357, 358, 399 Block Group:4 Block Group:5 Tract:1803. Block: 101,102,103,104,105,106,107,113,114,115,116,117A, 117B, 117C, 117D, 118A, 118B, 118C, 130,131,132,133A, 133B, 134,135,136A, 136B, 137,138,139, 140A, 140B, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153,154,155A, 155B, 155C, 156, 157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 258, 259, 260, 261, 262, 263, 264,265, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 299A, 299B, 299C, 299D, 299E Tract: 1804.

MONDAY, AUGUST 21, 1995

2601

Block Group:! Block: 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 226A,
226B, 227A, 227B, 228, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239A, 239B, 299A, 299E Block Group:3 Tract: 1805. Block: 104, 106A, 106B, 107, 199B, 420B, 421 CLARKE OCONEE
District No. 47
BANKS ELBERT FRANKLIN HART JACKSON MADISON
District No. 48
FORSYTE Tract:1303.
Block: 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 299, 299
Tract: 1304.
Block: 112, 125A, 126, 132, 133A, 133B, 142A, 142B, 142C, 143A, 143B, 144, 145, 146, 147, 148,149,150A, 150B, 150C, 151A, 151B, 152A, 152B, 153, 154,155,156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 199C, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 299
Block Group:3 Tract: 1305.
Block: 401, 402, 403, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E
Tract: 1306. FULTON
Tract:0116.02 Block: 304A, 304B, 304C, 304D, 401A, 401B, 401D, 401E, 401F, 401J, 401K, 702, 901A, 901B, 901C, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917, 918A, 918E
Tract:0116.03 Block Group:! Block: 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 399, 399
GWINNETT Tract:0501.01 Tract:0501.02 Tract:0502.02 Tract:0502.03

2602

JOURNAL OF THE SENATE

Block: 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 117A, 117B, 118, 199
Block Group:2 Block: 315, 316, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B,
328C, 329, 332A, 332B, 333A, 333B, 334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 399B, 399C Block Group :4 Block Group:5 Block Group:6 Block Group:7 Tract:0502.04 Tract:0505.02 Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138, 199 Tract:0505.03 Tract:0505.08 Block Group:2 Tract:0505.09 Tract:0506.01 Tract:0506.02 Tract:0507.04 Block: 140 Tract:0507.05 Block: 101,102A, 102B, 103,104A, 104B, 105, 106,107,108, 109,110, 111, 112,113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149,150, 151, 152,153, 154,155,156, 157, 158, 159, 160A, 160B, 160C, 161A, 161B, 199 Block Group:2
District No. 49
FORSYTH Tract:1301. Tract: 1302. Tract:1303. Block Group:! Block: 201, 202, 203, 211 Tract: 1304. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127, 128, 129, 130, 131, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B, 199A, 199B, 199D, 232 Tract:1305. Block Group:! Block Group:2 Block Group:3 Block: 404
HALL
District No. 50
DAWSON HABERSHAM LUMPKIN RABUN STEPHENS

MONDAY, AUGUST 21, 1995

2603

TOWNS UNION WHITE
District No. 51
CHEROKEE Tract:0901. Tract:0902. Tract:0903. Tract:0904. Tract:0905. Tract:0906. Tract:0907. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B Block Group:6 Tract:0908. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199B, 605, 606, 607, 608, 609, 702, 703, 704 705 Tract:0910.01 Block: 199
FANNIN GILMER GORDON PICKENS
District No. 52
BARTOW Tract:9601. Tract:9602. Tract:9603.98 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 299C Block Group:3 Tract:9604. Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 123A, 123B, 124, 125, 126, 127, 128 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9605. Block: 301, 302, 303, 305,306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 Tract:9606. Block: 699B, 699E, 699F Tract:9607. Block: 101, 102, 103,104,105,106,107, 108,109,110, 111, 112, 113, 114, 115,116, 117, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 123, 124, 125, 126, 127, 128A,

2604

JOURNAL OF THE SENATE

128B, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 166A, 166B, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199E, 199F Tract:9608.
Block Group: 1 Block Group:2 Block Group:3 Block Group:4 Block: 501A, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511,
512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 521, 522A, 522B, 522C, 523A, 523B, 536A, 536B, 537, 538, 539, 540A, 540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B, 599C, 599D Tract:9610. Block: 101, 102, 104, 199M FLOYD
District No. 53
CHATTOOGA DADE WALKER WHITFIELD
Tract:0007. Block: 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block Group :4
Tract:0008. Block: 120A, 120C, 120D, 121B, 121C, 123D, 147, 148, 199 Block Group:2 Block: 301, That part of Block 302B which lies outside the corporate limits of Dalton, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 399, 399, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 499
TractOOll. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract:0012. Block Group:! Block Group:2 Block Group:3 Block: 404A, 404B, 405A, 405B, 406, 407A, 407B, 408A, 408B, 408C, 409A, 409B, 410, 411, 412, 413A, 413B, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439A, 439B, 439C, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444, 445, 446, 501, 502, 503, 504, 505, 506B, 506C, 507, 525A, 525B, 526, 527, 528A, 528B, 528C, 529, 530, 531, 532, 533, 534A, 534B, 534C, 535, 536A, 536B, 536C, 536D, 536E, 536F, 536G, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 540A, 540B, 540C, 541A, 541B, 542A, 542B, 543A, 543B, 544A, 544B, 544C, 544D, 545, 546A, 546B
Tract:0013.

MONDAY, AUGUST 21, 1995

2605

Block: 115A, 115B, 115C, 115D, 115E, 115F, 116, 117, 119A, 119B, 119C, 120A, 120B, 120C, 120D, 121, 122A, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132
Block Group:2 Tract:0014.
Block: 107A, 107B, 107C, 108A, 108B, 210B, 210C, 210L, 210M, 233, 234, 235A, 235B, 235C, 236A, 236B, 237A, 237B, 237C, 238, 239, 240, 241A, 241B, 242, 243A, 243B
Block Group :4 Block Group:5 Tract:0015.
District No. 54
CATOOSA MURRAY WHITFIELD
Tract:0001. Tract:0002.
Tract:0003. Tract:0004. Tract:0005.
Tract:0006.98 Tract:0007.
Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108 Tract:0008.
Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120B, 121A, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132,133,134, 135A, 135B, 135C, 135D, 135E, 136,137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 302A, That part of Block 302B which lies within the corporate limits of Dalton, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D
Tract:0009. TractOOlO. TractOOll.
Block: 101, 102, 201, 202, 203 Block Group:3 Block Group :4 Tract'0012 Block: 401, 402, 403A, 403B, 447, 448, 506A, 508, 509, 510, 511, 512, 513, 514, 515,
516, 517, 518, 519, 520, 521, 522, 523, 524 Tract:0013.
Block: 101A, 101B, 101C, 102, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 105E, 106A, 106B, 106C, 106D, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 118A, 118B
Block Group:3 Tract:0014.
Block: 101, 102A, 102B, 103A, 103B, 103C, 104A, 104B, 104C, 104D, 105A, 105B, 106A, 106B, 106C, 106D, 106E, 106F, 201A, 201B, 202A, 202B, 203A, 203B, 204A, 204B, 204C, 205A, 205B, 205C, 205D, 206A, 206B, 207A, 207B, 207C, 208, 209A, 209B, 209C, 210A, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230, 231, 232, 299A, 299B
Block Group:3 Tract:0016.97

2606

JOURNAL OF THE SENATE

Tract:0016.98
District No. 55
DEKALB Tract:0218.05 Block: 210, 229 Block Group :4 Tract:0218.06 Block: 137, 139, 199 Tract:0219.02 Block Group :4 Tract:0219.03 Tract:0219.04 Tract:0219.05 Tract:0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract:0220.02 Tract:0220.04 Tract:0220.05 Tract:0221. Tract:0229. Block: 410 Tract:0230. Block: 104C Tract:0231.01 Block Group:! Block: 204, 208, 507, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 522, 523, 535, 599 Tract:0231.02 Block: 105B, HOB, 113B, 114C, 115B, 116B Block Group:2 Block Group:3 Tract:0231.03 Block: 103, 114, 115, 116 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0231.05 Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group:5 Tract:0231.06 Tract:0232.04 Tract:0232.05 Block Group:! Block: 402, 403, 404, 405, 406, 407, 499, 501, 502, 503, 504, 505, 506, 507, 508, 509, 514, 515, 516, 517, 518, 599, 599 Tract:0233.05 Tract:0233.06 Block Group:3 Block: 402, 407, 408 Tract:0235.01 Block Group:! Tract:0235.02

MONDAY, AUGUST 21, 1995

2607

Block: 101, 102, 103, 104, 105, 106, 107, 109, 111, 112, 116, 117, 204, 207, 208, 209, 210, 211, 212, 217, 218
District No. 56
CHEROKEE Tract:0908. Block: 123, 124, 125, 126, 127, 128, 199A Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block: 601, 602, 603, 604, 610, 611, 701 Tract:0909.01 Tract:0909.02
FULTON Tract:0102.03 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0102.04 Block Group:! Block Group:2 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:! Block: 201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A, 208B, 299, 301A, 302, 303, 304, 305, 306, 399A, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:8 Tract:0114.09 Block Group:! Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0115. Tract:0116.01 Tract:0116.02 Block: 301, 302, 303, 401C, 401G, 401H, 402, 403, 404 Block Group:5 Block Group:6 Block: 701, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B, 708C, 709A, 709B, 709C, 709D, 710, 902A, 902B, 903A, 903B, 904, 905, 918B, 918C,918D Tract:0116.03 Block Group:2

2608

JOURNAL OF THE SENATE

Block: 309, 310, 311 Block Group:8 Block Group:9 GWINNETT Tract:0502.03 Block: 115, 116, 119, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306, 307,
308, 309, 310, 311, 312, 313, 314, 317, 330, 331, 399A, 399D Tract:0503.08
Block: 101, 403 Tract:0503.09 Tract:0503.10
Block: 401, 402, 411A, 411B, 499B, 499C

CLIENT PLAN COMMENTS:
District Number
*1 *2 *3 *4 *5 *6 *7 *8 *9 * 10 * 11 * 12 * 13
* 14 15
* 16
* 17 18

SENATE SB3EXCS

OPERATOR : state

DATE: August 17, 1995 TIME: 11:26 PM

* Indicates District has been changed.

(NOTE: VAP = Voting Age Population)

Total Pop % Deviation

Black Pop % of Total

VAP % of Total

Black VAP % of VAP

113517 -1.87
110873 -4.16
111231 -3.85
117347 1.44
117197 1.31
120569 4.22
115768 0.07
119031 2.90
120450 4.12
109927 -4.97
120946 4.55
111678 -3.46
120608 4.26
117438 1.52
110675 -4.33
115439 -0.21
111440 -3.67
115793 0.10

13189 11.62 70009 63.14 41341 37.17 32607 27.79 6916 5.90 19473 16.15 26767 23.12 37193 31.25 2882 2.39 81952 74.55 50304 41.59 62032 55.55 36947 30.63 49523 42.17 62851 56.79 21489 18.62 13697 12.29 25602 22.11

85147 75.01 79520 71.72 78152 70.26 86206 73.46 90197 76.96
87337
72.44 82550 71.31 85547 71.87 83316 69.17 79272 72.11 85039 70.31 77873 69.73 85478 70.87 83036 70.71 78408 70.85 86670 75.08 80224 71.99 83539 72.15

8751 10.28 46878 58.95 26771 34.26 21576 25.03 5132 5.69 12425 14.23 17311 20.97 23782 27.80 1925 2.31
55900 70.52 31657 37.23 39280 50.44 22500 26.32 32586 39.24 41801 53.31 14516 16.75 9663 12.05 16317 19.53

District Number
* 19 * 20 * 21 * 22 * 23 * 24 * 25 * 26 * 27 * 28 * 29 * 30
31 * 32 * 33 * 34 * 35
36 * 37 * 38 * 39 * 40 * 41 * 42 * 43 * 44

MONDAY, AUGUST 21, 1995

Total Pop % Deviation
110904 -4.13
110707 -4.30
121377 4.92
117532 1.60
114239 -1.25
114231 -1.25
117956 1.97
112127 -3.07
115671 -0.01
118623 2.54
118456 2.40
121367 4.91
120667 4.31
114655 -0.89
119753 3.52
121196 4.77
109880 -5.02
110151 -4.78
121230 4.80
110231 -4.71
110691 -4.31
111380 -3.72
115563 -0.10
110176 -4.76
112035 -3.15
119324 3.15

Black Pop % of Total
28831 26.00 41408 37.40 4522 3.73 70885 60.31 26944 23.59 28129 24.62 47942 40.64 65245 58.19 25058 21.66 16644 14.03 42632 35.99 15384 12.68 10733 8.89 10861 9.47 23535 19.65 12644 10.43 75175 68.42 77387 70.26 4927 4.06 89534 81.22 71182 64.31 6926 6.22 12633 10.93 14612 13.26 75697 67.57 35367 29.64

VAP % of Total
78884 71.13 78640 71.03 85514 70.45 81168 69.06 86072 75.34 80813 70.75 86640 73.45 80813 72.07 85817 74.19 84414 71.16 84739 71.54 87879 72.41 87635 72.63 91036 79.40 90800 75.82 86337 71.24 78689 71.61 79466 72.14 87336 72.04 80607 73.13 88683 80.12 91486 82.14 89834 77.74 92622 84.07 78192 69.79 87443 73.28

2609
Black VAP % of VAP
18288 23.18 26360 33.52 3082
3.60 45636 56.22 18447 21.43 18970 23.47 32748 37.80 43197 53.45 17461 20.35 10911 12.93 27684 32.67 10301 11.72 7257
8.28 7881 8.66 16091 17.72 8181 9.48 50161 63.75 50876 64.02 3358 3.84 63460 78.73 52599 59.31 5536 6.05 9204 10.25 10932 11.80 49669 63.52 23687 27.09

2610

JOURNAL OF THE SENATE

District Number
* 45
* 46 47
* 18
49 50 * 51
52 53 54 * 55 * 56
Totals

Total Pop % Deviation
110715 -4.29
121330 4.88
116674 0.86
118820 2.71
117826 1.85
118281 2.25
119068 2.93
113887 -1.55
116496 0.70
118306 2.27
114365 -1.14
112399 -2.84
6478216

Black Pop % of Total
19336 17.46 26894 22.17 16518 14.16 3976 3.35 8199 6.96 5003 4.23 2662 2.24 13265 11.65 4740 4.07 2847 2.41 49681 43.44 3833 3.41
1746565

VAP % of Total
80115 72.36 94324 77.74 86438 74.09 85620 72.06 87616 74.36 90578 76.58 88087 73.98 85201 74.81 86124 73.93 87163 73.68 85605 74.85 84972 75.60
4750913

Black VAP % of VAP
12822 16.00 17913 18.99 11091 12.83 2856 3.34 5489 6.26 3774 4.17 1855 2.11 8907 10.45 3393 3.94 1980 2.27 34510 40.31 2804 3.30
1168142

Number of Districts Members Per District
Ideal District Size Average Deviation (%) Deviation Range (%) Overall Deviation (%)

56 1
115682 2.92
-5.02 to 4.92 9.94

( DATA SOURCE: 1990 US Census PL94-171 Population Counts

)

(

NOTE: Districts numbered > 200 are used as special accumulators. )

(

They are not included in avg or % range calculations.

)

Senators Clay of the 37th, Isakson of the 21st and Tanksley of the 32nd offered the following amendment:
Amend the committee substitute to SB SEX by striking pages 1 through 49 in their entirety and inserting in lieu thereof the following:

A BILL
To be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, AUGUST 21, 1995

2611

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of the 56 senato rial districts immediately following the second sentence of subsection (a) thereof and in serting in its place the description of the 56 senatorial districts attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: clayflsub."

SECTION 2.

Said Code section is further amended by striking subsection (c) thereof and inserting in its place the following:
"(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in W99 1997. Until that time the membership of the Senate elected under prior law shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective, however, for the primary and general elections of -1992 1996 for the purpose of electing members of the Senate in 1992 1996 who are to take office in 1993 1997. Successors to those members shall likewise be elected under the provisions of this Code section."

SECTION 3.

Said Code section is further amended by striking subsection (d) thereof and inserting in its place the following:
"(d) For the purposes of this Code section:
(1) The terms Tract,' 'Block,' and 'TB' 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.

\) i 116 t^^JtU *i ftCiilCt iS SyilGiiyH1011S Wltll tri^ tGi'ili VOtixl Gl'GCiriCt clllCl J.1163H1S"fl" ^GO** ^1'ci^iiiiCcll cti'cii U.ciSij=Jil<iLtiCl Dy A-TtlClG i OI Vxllflpt'Si" 2jJXJt A ittfi zll, Wlttllll WTilCTl Hrl feieC~
tors rote at one polling place.
(3) Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.

wr i BCIIIA,C iiaiir

v rtruesigm

LIC 111C1U.U.CU iUl WUil-

vcu

latorial i _ j.i. _ _ ... _ _ j. j.l_ _ _1 _ , . 1C CVC11L L11C UCSV.111JUILJll Ul dllj' OCi

. uiSLi luL uuiiLdiiiS a

L.U1J flict biit VV ceil the gee

UUUI1U<U1CO

lullUWlllg named pi ci-iiiO t, the geog,i cl|jilj^dl L>uiJ.ilCl<

and tb

Trrpyv

i . -tm-tl

V X U OLO OllVWll

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sus illci|}5 for the United

^ciiiiial weno U.ib L

: the Slate of QCUl gJl.i Slld.ll

control,'

SECTION 4.

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

2612

JOURNAL OF THE SENATE

SECTION 5.

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

Operator: state

Client: senate

Plan: clayflsub

District No. 1
BRYAN Tract:9203.
Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233A, 233B, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M
CHATHAM Tract:0029. Tract:0030. Tract:0034. Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0035.01 Tract:0035.02 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group:4 Tract:0039. Block Group:! Block: 401, 402, 403 Tract:0040.01 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B Block Group:2 Block Group:3 Block Group :4 Block Group:5 Tract:0041. Tract:0042.02 Tract:0042.03
Tract:0042.05 Tract:0042.06 Tract:0045.
Block: 101B, 102 Tract:0105.01
Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231
Block Group:3 Block Group:4

MONDAY, AUGUST 21, 1995

2613

Block Group:5 Tract:0105.02
Block: 101A, 101B, 107A, 107B, 108, 109, 199, 213 Tract:0106.04.
Block: 142A, 143A, 147A, 148, 149 Tract:0108.04 Tract:0108.06 Tract:0108.07 Tract:0108.97
Block: 108A, 109, 111, 112,113,114,115, 116,117,118,120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142
Block Group:2 Tract:0108.98 Tract:0109.01 Tract:0109.02 Tract:0110.02 Tract:0110.03 Tract:0110.04 Tract:0111.01
Block: 204, 205, 206, 207A, 225, 299H Tract:0111.02
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:? Block Group:8 Tract:0111.03 Tract:0111.99
District No. 2
CHATHAM TractOOOl. Tract:0003. Tract:0006.01 Tract:0008. Tract:0009 Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0015. Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0032. Tract:0033.01

2614

JOURNAL OF THE SENATE

Tract:0033.02 Tract:0034.
Block Group:! Block Group:2 Tract:0035.02 Block Group:! Block Group:2 Block: 302 Tract:0036.01 Tract:0036.02 Tract:0037. Tract:0038. Tract:0039. Block Group :2 Block Group:3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract:0040.01 Block Group:! Tract:0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B, 199 Tract:0043. Tract:0044. Tract:0045. Block: 101A, 103,104,105,106, 107, 108, 109,110, 111, 112,113, 114,115, 116,117,
118,119,120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 134C Block Group:2 Block Group:3 Block Group :4 Tract:0101.01 Tract:0101.02 Tract:0102. Tract:0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B, 213 Tract:0105.02 Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract:0106.01 Tract:0106.03 Tract:0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115,116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract:0106.05 Tract:0106.99 Tract:0107.98 Tract:0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144,145B, 146,147,148, 149, 199A, 199B Tract:0111.01 Block Group:! Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299A, 299B, 299C, 299D, 299E, 299F, 299G

MONDAY, AUGUST 21, 1995

2615

Block Group:3 Block Group:4 Block Group:5 Tract:0111.02 Block Group:! Tract:0112.98
District No. 3
BRYAN Tract:9201. Tract:9202. Tract:9203. Block: 232
GLYNN Tract:0004. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 199A, 199B, 199C, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 Block: 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 299, 299, 382, 383, 384, 385, 386, 387, 388, 389, 390, 399F, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 699A, 699B, 699F, 699G, 699H Tract:0005. Tract:0006. Block Group:! Block: 201, 202, 204, 205, 206, 207, 208, 209, 210, 211, 212 Block Group:3 Block: 501, 502, 599, 599 Block Group:6 Tract:0007. Tract:0008. Tract:0009.
LIBERTY LONG MCINTOSH
District No. 4
BULLOCH EFFINGHAM EVANS JENKINS SCREVEN TATTNALL
District No. 5
DEKALB Tract:0216.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119, 199 Tract:0217.02 Tract:0217.03 Block Group:! Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 421, 422, 423, 424, 425, 426, 499, 499

2616

JOURNAL OF THE SENATE

Tract:0218.05
Block: 201, 202, 203, 205, 206, 207, 208, 209 Tract:0218.06
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
134, 135, 136, 138 Block Group:3
Tract:0218.08 Tract:0218.09
Tract:0218.10 Block Group:! Block Group:2
Block Group :4 Tract:0218.98 Tract:0219.02
Block Group:! Block Group:2 Block Group:3 GWINNETT Tract:0504.03 Tract:0504.07 Block Group:! Block Group:2 Block Group:4 Block Group :5 Tract:0504.08 Block Group:5 Block Group :6 Tract:0504.09 Tract:0504.10 Tract.0504.11 Tract:0504.12 Tract:0504.13 Tract:0505.06 Block: 206, 207, 208, 209, 210 Block Group:6 Tract:0507.06 Block: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 299
District No. 6
APPLING BRANTLEY GLYNN
Tract:0001. Tract:0001.99 Tract:0002. Tract:0003. Tract:0004.
Block: 126, 127, 128, 199D, 199E, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D,
399E Block Group:4 Block Group:5

MONDAY, AUGUST 21, 1995

2617

Block: 601, 602, 626, 627, 628, 699C, 699D, 699E Tract:0006.
Block: 203 Block Group :4 Block: 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515, 516,
517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527. 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544 Tract:0010. MONTGOMERY PIERCE TOOMBS WAYNE
District No. 7
BERRIEN CAMDEN CHARLTON CLINCH COOK ECHOLS LANIER WARE
District No. 8
BROOKS LOWNDES THOMAS
Tract:9601. Tract:9602. Tract:9603. Tract:9604. Tract:9605. Tract:9606.
Block Group:! Block group :2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 316, 317, 321, 322, 323, 324, 325,
326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340 Block Group:4 Block Group:5 Tract:9607. Block Group:! Block: 601, 602, 603, 604, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642,
643, 644 Tract:9609.
Block: 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 135, 137, 138, 139, 140, 141, 142
Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
327, 328, 329, 330, 331, 332 Tract:9610.
Block Group:! Block Group :2 Block: 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324, 399U, 399V Tract:9611.
District No. 9
GWINNETT

2618

JOURNAL OF THE SENATE

Tract:0504.14
Tract:0504.15 Tract:0504.16 Tract:0505.02
Block: 134A, 134B
Tract:0505.05 Tract:0505.06
Block Group:! Block: 201, 202, 203, 204, 205, 211, 212, 213, 214, 299 Block Group:3 Block Group :4
Block Group:5 Block Group:7 Tract:0505.07 Tract:0505.08 Block Group:! Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0507.04 Block: 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B,
112,113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117,118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134 Block: 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 199A, 199B, 199C, 199D, 199E Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0507.05 Block: 120, 121, 162A, 162B, 163 Tract:0507.06 Block Group:! Block: 201, 202, 203, 204, 205, 206, 299 Tract:0507.07 Tract:0507.08 Tract:0507.09 Tract:0507.10 Tract:0507.11
District No. 10
DEKALB Tract:0205. Tract:0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113
Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216
Tract:0208. Tract:0209. Tract:0217.04
Block Group:2

MONDAY, AUGUST 21, 1995

2619

Block: 301, 304, 305, 306, 307, 313, 314, 316, 317, 318, 319, 320, 321, 322 Block Group:9 Tract:0218.05 Block: 204, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
226, 227, 228, 230, 231, 232, 233, 234 Tract:0218.10
Block Group:3 Tract:0220.01
Block Group:! Block: 401,402, 405,408, 409,410, 411, 412, 413, 414, 415B, 416, 417, 421, 422, 423,
425 Tract:0222.
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614 Tract:0223.02 Block: 310 Tract:0225.
Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411 Tract:0226.
Block: 304B Tract:0227. Tract:0228.
Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 403, 404A, 404B, 405, 406, 407, 408, 409 Block Group:5 Block Group:6 Tract:0230. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Block Group:2 Tract:0231.01 Block: 205,206,207 Block Group:3 Block Group :4 Block: 501, 502, 503, 504, 505, 506, 508, 521, 525 Tract:0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A,
114B, 115A, 116A, 199 Tract:0231.05
Block: 405A, 409, 410 Tract:0234.03
Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 925, 926

2620

JOURNAL OF THE SENATE

Tract:0234.04 Tract:0234.05
Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 199
Block Group:2 Tract:0235.01
Block Group:2 Tract:0236. Tract:0237. Tract:0238.01
Tract:0238.02 Tract:0238.03
District No. 11
COLQUITT Tract:9702. Block: 108, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 172, 173, 174, 175, 199A, 199B, 199C, 199D, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271 Block: 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 293, 294, 295, 296, 297, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299A, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299B, 299C, 299C, 299C, 299C, 299C, 299C Tract:9703. Block: 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 215B, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226A, 226B, 299, 299, 299 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Tract:9706. Block: 301, 302A, 302C, 303, 304, 305, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310, 311, 312, 313, 314B, 315A, 315B, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 368, 369, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K Tract:9707. Block: 522B, 523, 626B Tract:9708. Tract:9709.
DECATUR EARLY GRADY MILLER MITCHELL SEMINOLE THOMAS
Tract:9606. Block: 310, 311, 312, 313, 314, 315, 318, 319, 320

MONDAY, AUGUST 21, 1995

2621

Tract:9607. Block Group:2 Block Group:3 Block Group :4 Block Group:5
Block: 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 634, 635, 636, 637, 638, 639, 640, 641, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671
Tract:9608. Tract:9609.
Block: 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 132, 136, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326
Tract:9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T
District No. 12
BAKER CALHOUN CLAY DOUGHERTY
Tract:0001. Block: 303, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422
Tract:0002. Block Group:! Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 Block Group:3 Block Group:4
Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0007. Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0014.01 Tract:0014.02 Tract:0015. Tract:0102. Tract:0103.01
Block: 101A, 103,104,105, 106, 107,108,109,110, 111, 112,113, 114,115,116,117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 199A, 199B, 199C
Tract:0103.02 Tract:0104.01

2622

JOURNAL OF THE SENATE

Tract:0104.02 Tract:0104.03 Tract:0105. Tract:0106.01 Tract:0106.02
Block Group:! Block Group:2 Block: 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 399A, 399C Block Group:4 Tract:0107. Block: 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119, 150, 151, 152 Block Group:2 Block Group:3 Tract:0109. Block: 104A, 105 QUITMAN RANDOLPH TERRELL
District No. 13
COLQUITT Tract:9701. Tract:9702. Block: 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161
Block: 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 199E, 199F, 199G, 289, 290, 291, 292
Tract:9703. Block Group:! Block: 215A, 216
Tract:9704. Tract:9705. Tract:9706.
Block Group:! Block Group:2 Block: 302B, 314A, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371,
399L, 399M, 399N, 399P Tract:9707.
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: SOLA, 501B, 502, 503, 504, 505, 506,507, 508, 509A, 509B, 510A, 510B, 510C,
511A, 511B, 511C, 512A, 512B, 513A, 513B, 513C, 513D, 514, 515, 516A, 516B, 517A, 517B, 517C, 518A, 518B, 519, 520A, 520B, 520C, 521A, 521B, 522A, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546, 599A, 599B, 599C, 599D, 599E, 599F, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628,
629, 630 CRISP DOOLY TIFT TURNER WILCOX

MONDAY, AUGUST 21, 1995

2623

WORTH
District No. 14
DOUGHERTY Tract:0001. Block Group:! Block Group:2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424 Block Group:5 Block Group:6 Tract:0002. Block: 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract:0101. Tract:0103.01 Block: 101B, 102 Tract:0106.02 Block: 399B Tract:0107. Block: 101, 102, 103, 117, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 Tract:0108. Tract:0109. Block: 101,102,103,104B, 106,107,108,109,110, 111, 112,113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 Block Group:2 Block Group:3 TractOllO. Tract:0111.
LEE MACON PEACH SCHLEY STEWART SUMTER TAYLOR WEBSTER
District No. 15
CHATTAHOOCHEE MUSCOGEE
TracfcOOOl. Tract:0015.
Block: 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438
Tract:0016. Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A
Tract:0020. Tract:0022. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029.01 Tract:0029.02

2624

JOURNAL OF THE SENATE

Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0034. Tract:0106.02 Tract:0106.04 Tract:0106.05 Tract:0106.06 Tract:0107.01 Tract:0107.02 Tract:0107.03 Tract:0108. Tract:0109.
District No. 16
HARRIS MARION MUSCOGEE
Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0008. Tract:0009. TractOOlO. Tract:0011. Tract:0012.
Tract:0013. Tract:0014. Tract:0015.
Block Group :1 Block Group:2 Block Group:3 Block: 402, 410, 411, 412, 414, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433
Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B
Tract:0018. Tract:0019. Tract:0021. Tract:0023. Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105.

MONDAY, AUGUST 21, 1995

2625

Tract:0110. TALBOT
District No. 17
BUTTS HENRY NEWTON
Tract: 1002. Block: 186,187, 188,189,190,192,201, 202,203, 204,205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 214, 215, 216, 218, 232, 233, 234, 235, 236, 237, 238, 239, 240, 243, 244, 245, 246, 247A, 247B, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258,259, 260A, 260B, 261A, 261B, 261C, 262A, 262B, 263A, 263B, 264A, 264B, 265A, 265B, 265C, 266, 267, 268A, 268B, 271A, 271B, 272, 299G, 299H, 299J, 299K, 299L, 299M, 299N, 299P, 299R, 299T, 299U Block Group:3 Block Group:4
Tract: 1003. Block: 317, 318, 319, 320, 321, 322, 323
Tract: 1005. Block: 150, 151, 153, 154, 155, 156, 157, 158, 159, 166B, 168B, 169, 170, 171, 172, 173, 174, 175, 176, 186, 199F, 199G
Tract: 1008. Tract: 1009.
Block Group:! Block: 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229, 230, 231, 232, 233, 299C ROCKDALE
Tract:0602. Block: 509 Block Group:6 Block: 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 799, 799
Tract:0603.02 Block: 622, 626, 627, 633, 634, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 699A, 699B
Tract:0604.01 Tract:0604.02
District No. 18
BIBB Tract:0129. Tract:0130. Block Group:! Block: 201C, 202, 231C, 232B, 273A, 273B, 274C, 275, 276B, 277B, 278A, 278B, 279A, 279B, 279C, 280, 281A, 281B, 281C, 282, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 299B, 299C, 299E, 299F, 299G, 299H, 299J Tract:0135.01 Block: 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 499C Block Group:5 Tract:0135.02
BLECKLEY HOUSTON PULASKI
District No. 19
ATKINSON

2626

JOURNAL OF THE SENATE

BACON BEN HILL COFFEE DODGE IRWIN JEFF DAVIS TELFAIR
District No. 20
CANDLER EMANUEL JEFFERSON
Tract:9603. Block: 368, 369, 394, 396, 397, 399U
Tract:9604. Block: 111, 112, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 181, 182A, 182B, 183, 184, 185A, 185B, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 199A, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199C, 199D, 199D, 199D, 199D Block Group:2 Block Group:3 Block Group:4
JOHNSON LAURENS TREUTLEN WASHINGTON WHEELER
District No. 21
COBB Tract:0302.05 Block: 701, 706, 799, 799 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13 Tract:0303.14 Tract:0303.15 Block Group :4 Block Group:5 Block Group:6 Block Group:? Block: 802, 803, 807, 808, 809, 810, 811, 812 Tract:0303.16 Block Group:! Block Group:2 Block: 707, 708 Tract:0303.17 Block Group:! Block Group:2 Block Group:5

MONDAY, AUGUST 21, 1995

2627

Block Group:6 Block Group:? Tract:0303.18 Block: 201 Tract:0303.19 Tract:0304.01 Block: 901A, 902, 903, 904, 906A, 906B, 907A, 907B, 908, 909, 911, 912, 913, 914,
915, 916, 917, 918, 919A, 919B, 920A, 920B, 920C, 920D, 920E Tract:0304.02
Block: 127, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group:3 Block Group:6 Traet:0304.05 Block Group:! Block Group:2 Block Group:3 Block: 401A, 401C, 401D, 401E, 402A, 402B, 403, 404, 405, 406B, 407C Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0305.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block: 906,907 Tract:0305.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Tract:0305.03 Block: 201, 202A, 202B, 203, 204, 205A, 205B, 205C, 206, 207 Block Group:3 Block Group:4 Block Group:5
District No. 22
BURKE RICHMOND
Tract:0001. Block: 212, 301, 411,412, 414, 415, 501, 502, 505, 506,507, 508, 509, 511, 512, 516A, 516B
Tract:0004. Tract:0006. Tract:0007. Tract:0008.
Block Group:2 Block Group:3 Tract:0009. Tract:0010.

2628

JOURNAL OF THE SENATE

Block: 105A, 105B, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316
Block Group:4 Tract:0011.
Block: 209, 210, 211, 212, 213, 214, 215, 216, 217 Block Group:3 Tract:0012. Block: 112, 113 Block Group:2 Block Group:3 Block Group:4 Block: 501, 503, 506, 507, 508, 509, 510, 511, 605, 606, 607, 608, 616, 901A Tract:0013. Tract:0014. Tract:0015. Tract:0016. Block: 210,211,214 Block Group :4 Block: 503A, 503B, 504, 513 Block Group:6 Block: 901A, 901B, 902, 903A, 903B, 903C, 904, 905A, 905B, 911A, 911B, 912 Tract:0103. Tract:0104. Tract:0105.04 Block: 910, 912, 913, 914, 927, 928, 929, 930, 931, 934, 935, 936, 937, 938, 939, 941,
942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986, 999B, 999C, 999D Tract:0105.05 Tract:0105.06 Tract:0105.07 Tract:0105.08 Block Group:! Block: 701, 702, 703, 704, 705, 706, 707, 711 Tract:0105.10 Block Group:! Block Group:9 Tract:0105.11 Block: 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328 Block Group:9 Tract:0106. Tract:0107.03 Tract:0107.04 Tract:0107.06 Block: 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 199F Tract:0108. Block: 901E, 901F, 999C Tract:0109.02 Block Group:! Block: 201, 202, 203, 204, 225, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 484, 485, 499, 499, 499, 499, 499
District No. 23
COLUMBIA

MONDAY, AUGUST 21, 1995

2629

Tract:0301.01 Block Group:! Block Group:2
Tract:0301.03 Tract:0302.01
Block: 135, 136 Tract:0302.02 Tract:0306.03
Block: 301, 302, 313, 314, 328, 330, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 339, 340, 399A, 399B, 399C, 399D, 399E
JEFFERSON Tract:9601. Tract:9602. Tract:9603. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 399A, 399B, 399C, 399D, 399E, 399F, 399G, 399H, 399J, 399K, 399L, 399M, 399N, 399P, 399R, 399T Block Group :4 Block Group:5 Block Group:6 Tract:9604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 113, 115, 136, 137, 138, 144, 145,171,172, 173,174, 175, 176, 177, 178,179, 180, 197, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B, 199B
RICHMOND TractOOOl. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 404, 405, 407, 409, 410, 413, 416, 417, 503, 504, 510, 513, 514A, 514B, 514C, 515, 516C, 517, 518, 519, 520, 521, 522, 525, 599 Tract:0002. Tract:0003. Tract:0008. Block Group:! Tract:0010. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304 Tract:0011. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208 Tract:0012. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513, 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract:0016. Block Group:! Block: 201, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 207C, 208A, 208B, 209, 212, 213A, 213B, 215, 216, 217, 218, 219A, 219B, 220, 221, 222, 223, 226A, 226B, 227A, 227B, 227C, 229, 232, 233, 235 Block Group:3 Block: 501, 502, 515, 516, 517, 901C

2630

JOURNAL OF THE SENATE

Tract:0101.01 Tract:0101.02 Tract:0101.04 Tract:0101.05 Tract:0102.01 Tract:0102.03 Tract:0102.04 Tract:0105.04
Block Group:! Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 911, 915, 916, 917, 918, 919, 920,
921, 922, 923, 924, 925, 926, 932, 933, 940, 999A Tract:0105.08
Block: 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721 Tract:0105.09 Tract:0105.10
Block Group:2 Block Group:4 Block Group:5 Tract:0105.11 Block: 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308,
309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 399 Block Group :4 Tract:0107.05 Tract:0107.06 Block: 103, 104, 105, 106, 107, 108, 109, 110, 122, 124, 125, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 164, 165, 174, 179, 180, 181, 182, 199A, 199B, 199C, 199D, 199E, 199G, 199H Block Group:2 Block Group:3 Tract:0108. Block: 901A, 901B, 901C, 901D, 901G, 901H, 901J, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 999A, 999B, 999D, 999E, 999F, 999G, 999H, 999J, 999K, 999L, 999M, 999N, 999P, 999R, 999T, 999U, 999V, 999W, 999X Tract:0109.01 Tract:0109.02 Block: 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 299, 299, 299, 299 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499, 499, 499, 499, 499, 499, 499, 499, 499, 499, 499
District No. 24
COLUMBIA Tract:0301.01 Block Group:3 Block Group:4 Tract:0301.02 Tract:0302.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 199 Tract:0302.03 Tract:0303.01 Tract:0303.02

MONDAY, AUGUST 21, 1995

2631

Tract:0304. Tract:0305.01 Tract:0305.02 Tract:0306.03
Block: 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 329, 399F, 399G
GLASCOCK LINCOLN MCDUFFIE OGLETHORPE WARREN WILKES
District No. 25
BALDWIN GREENE HANCOCK JASPER JONES
Tract:0301.01 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399, 399, 399
Tract:0301.02 Block Group:! Block Group:2 Block Group:3 Block: 901, 902, 903B, 904B, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914C, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 929B, 933, 934, 935, 936, 937, 938, 939, 940, 941B, 942B, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952
Tract:0302. Tract:0303. MORGAN PUTNAM TALIAFERRO
District No. 26
BIBB Tract:0101. Tract:0102. Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract:0103. Block Group:! Block: 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Tract:0104. Tract:0105. Tract:0106. Tract:0107. Tract:0108. Tract:0110. Block Group:!

2632

JOURNAL OF THE SENATE

Block Group:2 Block: 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,
314, 315, 316, 399B Block Group :4 Block Group:5 Block Group:6 Tract:0111. Tract:0112. Tract:0113. Tract:0114. Tract:0115. TractOl 17.01 Tract:0117.02 Tract:0122. Block: 105A, 105B, 115,116, 117, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 227, 228A, 228B, 228C, 228D, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 299, 299, 299 Tract:0123. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 599, 599 Tract:0124. Tract:0125. Tract:0126. Tract:0127. Tract:0128. Tract:0130. Block: 201A, 201B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232A, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 274A, 274B, 276A, 277A, 292, 293, 294, 295, 296, 297, 299A, 299D Tract:0131.01 Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 502A, 502B, 502C, 503, 504A, 504B, 504C, 504D, 504E, 504F, 504G, 504H, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 599A, 599B Tract:0131.02 Tract:0132.01 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 115A, 118A, 119A, 120A, 121A, 121B, 122, 201A Block Group:3 Block Group:4 Tract:0132.02 Block: 101, 102A, 102C, 104, 105, 106, 107, 108, 109, 110, 111, 112, 199 Block Group:2 Block Group:3 Tract:0133.01 Tract:0133.02

MONDAY, AUGUST 21, 1995

2633

Tract:0137.97 JONES
Tract:0301.01 Block: 328A
Tract:0301.02 Block: 903A, 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932, 941A, 942A
TWIGGS WILKINSON
District No. 27
BIBB Tract:0102. Block: 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract:0103. Block: 204 Tract:0110. Block: 317, 318, 319, 399A Tract:0118. Tract:0119. Tract:0120. Tract:0121. Tract:0122. Block: 101, 102, 103, 104, 109, 110, 111, 112, 113, 199, 226 Tract:0123. Block: 501B, 502, 503, 504, 505, 506, 507, 508 Tract:0130. Block: 290 Tract:0131.01 Block: 501 Tract:0132.01 Block: 101B, HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 121E, 123, 124,199,199, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B, 299 Tract:0132.02 Block: 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract:0134.97 Tract:0134.98 Tract:0135.01 Block Group:! Block Group:2 Block Group:3 Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 499A, 499B Tract:0136.01 Tract:0136.02 Tract:0137.98
CRAWPORD LAMAR MONROE UPSON
District No. 28
COWETA FAYETTE
Tract: 1402.02 Block: 302A, 304A, 305A, 306, 403A, 403D, 404, 405, 408, 409, 410, 411, 412, 413, 499A, 499C, 501A, 502A, 503, 506A, 507, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530,

2634

JOURNAL OF THE SENATE

531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552A, 552B, 552C, 553, 554, 555, 556, 557, 558, 559 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A Tract:1403.01 Tract: 1403.02 Tract:1404.01 Block: 307B, 307C, 307D, 312D, 314B, 315B, 315C, 316, 317, 318C, 318D, 319B, 321B, 321C, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 399B, 399C Block Group:4 Tract:1404.02 Block Group :4 Tract:1405.01 Tract:1405.02 SPALDING Tract:1601. Tract: 1602. Tract:1603. Block Group:! Tract: 1604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 111, 112, 113A, 114, 115, 116. 117, 118, 125, 126, 127, 128, 129, 130, 131, 166, 167, 168, 201A Tract: 1605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117. 118, 119, 120, 121, 122, 123C, 124, 125, 127B, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150A, 150B, 151A, 151B, 152A, 152B, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161A, 161B, 162B, 162C, 163B, 164, 173A, 173B, 174A, 174B, 174C, 175, 176, 177A, 177B, 178, 179, 199A, 199C, 199D, 199E, 199F, 199G Tract: 1606. Tract: 1607. Block: 520B, 521A, 521B, 522A, 522B, 523A, 523B, 524A, 524B, 525, 526A, 526B, 527A, 527B, 528A, 528B, 532A, 532B, 532C, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599A, 599B,599C Tract:1608. Block: 101, 102, 103, 104, 105, 106, 107, 108B, 199, 199, 199, 250, 303, 304, 305 Tract: 1609. Block: 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 113A, 114A Block: 115A, 116A, 117, 118A, 119, 120, 121, 122, 123, 124 Block Group:2 Block: 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 436, 437 Block Group :5 Tract:1610. Tract:1611. Tract:1612. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 123A, 124A, 124B, 125, 126, 201, 212, 213, 225, 301, 312A, 318, 321B, 329, 330, 399, 404, 405B, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 427, 428A, 430, 432, 433, 434, 435, 436, 437, 438, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 499, 499, 499, 499, 499
District No. 29
HEARD

MONDAY, AUGUST 21, 1995

2635

MERIWETHER PIKE SPALDING
Tract: 1603.
Block Group:2 Tract: 1604.
Block: HOB, 113B, 119, 120A, 120B, 121, 122, 123A, 123B, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153,154,155,156,157, 158,159, 160A, 160B, 161, 162A, 162B, 163A, 163B, 164A, 164B, 164C, 165, 169, 170, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251A, 251B, 252, 253, 254
Block Group:3 Block Group:4 Tract:1605.
Block: 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B
Tract: 1607.
Block: 123A, 123B, 126, 127A, 129A, 147A, 148A, 162A, 163A, 165, 166, 167, 168, 169, 170, 171, 172, 199B
Tract: 1607.
Block: 501,502, 503, 504, 505, 506, 507, 508,509, 510,511, 512, 513, 514, 515, 516A, 516B, 517A, 517B, 518, 519, 520A, 529, 530A, 530B, 531, 532D, 557, 558, 559, 560, 561, 562
Tract: 1608. Block: 108A, 109,110, 111, 112,113,114,115,116,117,118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 301, 302, 306, 307, 308, 309, 310, 311 Block Group:4
Tract: 1609. Block: 108B, 109,110, 111, 112B, 113B, 114B, 115B, 116B, 118B, 401,402,403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 431, 432, 438, 439, 440, 441
Tract:1612. Block: 119B, 120, 121, 122, 123B, 199, 199, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 302 Block: 303,304, 305, 306, 307, 308, 309, 310, 311, 312B, 313, 314, 315, 316, 317, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 405A, 406A, 422, 423, 424, 425, 426, 428B, 429, 431, 440, 441, 442, 443, 444, 445, 446, 447, 499, 499
TROUP
District No. 30
CARROLL DOUGLAS
Tract:0802. Block: 102,103, 104, 105, 106,107,108, 109,110, 111, 112, 113,114, 199, 199, 202, 203,210,211, 212,214,215, 216,220, 225, 226, 227,403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 499, 504, 505, 506, 507, 508, 509, 510
Tract:0803. Tract:0804. Tract:0805.01 Tract:0805.03

2636

JOURNAL OF THE SENATE

Tract:0805.04 Tract:0806.01
Block Group:! Block: 204, 205 Block Group:3 Tract:0807.98
District No. 31
BARTOW Tract:9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B Tract:9604. Block: 118A, 118B, 118C, 118D, 118E, 119, 120A, 120B, 121A, 121B, 122A, 122B, 129, 130, 131, 132A, 132B, 133A, 133B, 134 Tract:9605. Block Group:! Block Group:2 Block: 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423 Tract:9606. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block Group :5 Block: 601, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608A, 608B, 608C, 609, 610, 611, 612, 613, 614A, 614B, 614C, 614D, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 618D, 618E, 619, 620, 621, 622, 623, 624, 699A, 699C, 699D Tract:9607. Block: 137, 138, 139, 140A, 140B, 140C, 140D, 141A, 141B, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165A, 165B, 167, 168, 199A, 199B, 199C, 199D Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9608. Block: 524, 525A, 525B, 525C, 526, 527, 528, 529, 530A, 530B, 531A, 531B, 531C, 532, 533, 534, 535 Tract:9609. Tract:9610. Block: 103,105,106, 107,108,109,110, 111, 112A, 112B, 113A, 113B, 114, 115,116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194,195,196,197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L Block Group:2
HARALSON PAULDING POLK

MONDAY, AUGUST 21, 1995

2637

District No. 32
COBB Tract:0303.15 Block: 801, 804, 805, 806 Tract:0303.16 Block Group:3 Block Group :4 Block Group :5 Block Group:6
Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712, 799, 799, 799, 799 Block Group:8 Block Group:9 Tract:0303.17
Block Group:3 Block Group:4
Tract:0303.18 Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 299, 299, 299 Block Group:3 Block Group:4 Block Group:9
Tract:0303.20 Tract:0303.21
Block Group:2 Block: 301, 302B, 303, 304, 305, 306,307, 308, 309, 310, 311, 401, 402B, 402C, 403B,
403C, 403D, 404A, 404B, 405A, 405B, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413 Block Group:5 Block Group:6 Block Group:9 Tract:0304.01 Block Group:! Block Group:2 Block: 9016,905,910 Tract:0304.02 Block: 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 212, 213, 214, 215 Block Group:9 Tract:0304.05 Block: 401B, 406A, 407A, 407B, 407D, 407E, 407F, 407G, 408, 409, 410 Tract:0304.06 Block: 401D, 401F, 501D Block Group:6 Block Group:7 Block Group:8 Tract:0310.01 Block: 210, 216C, 216D, 228B Tract:0310.02 Block: 120A Tract:0310.03 Block: 110A, 112A, 113A Tract:0311.01 Block Group:! Block: 201, 203, 210, 211, 212, 213, 214 Block Group:3 Tract:0311.03

2638

JOURNAL OF THE SENATE

Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, HOC, HOD, HOE, 110F, 111, 116A, 116B, 117, 118, 119, 120, 122
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0311.05 Tract:0311.06 Tract:0311.07 Tract:0311.08 Block: 303A, 304, 308, 310A, 319 Tract:0311.09 Block: 102, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 109, 110, 111, 112,
113, 114, 115A, 115B, 116, 117A, 117B, 118, 119, 120 Tract:0312.02
Block: 301, 302, 303, 305, 309, 310, 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 399B, 399C, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505, 528, 529, 530
Block Group:6 Tract:0312.03 Tract:0312.04 Tract:0313.01
Block: 101B, 155A, 155B, 155C, 156, 206,207,208, 209, 210,214,215, 216, 217, 218, 233, 234, 235
Block Group :4 Block Group:9 Tract:0313.02 Block: 401, 404C, 405B, 407, 408A Tract:0314.03 Block: 101, 102, 103, 104, 105 Block Group:2 Block Group:3 Block Group:4
District No. 33
COBB Tract:0303.21 Block: 302A, 402A, 403A Tract:0304.04 Tract:0304.06 Block Group:! Block Group:3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract:0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C, 905D, 908A, 908B, 909 Tract:0305.02 Block Group:6 Tract:0305.03 Block Group:! Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group:6 Tract:0306. Block Group:! Block Group:2

MONDAY, AUGUST 21, 1995

2639

Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 405A, 405C, 406, 407, 408, 409, 410, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425A, 425B, 425C, 426, 499, 501D
Block Group:6 Block Group:7 Tract:0307. Tract:0308. Tract:0309.02 Block Group:! Block Group:2 Block Group:3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group:5 Block Group:6 Block: 701A, 701B, 701C Tract:0309.03 Block Group:! Block Group:2 Block Group:7 Block Group:8 Tract:0310.01 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217,
218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231, 299 Block Group:9 Tract:0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117,
118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract:0310.03 Block: 102, 103, 104, 105, 107, 108, 109, HOB, 111, 112B, 113B Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Block Group :8 Tract:0311.01 Block: 202, 204, 205, 206, 207, 208, 209 Tract:0311.03 Block: 112, 113, 114, 115, 121, 128 Tract:0311.08 Block Group:! Block Group:2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313B, 313C, 314A, 3146, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399 Block Group :4 Tract:0311.09 Block: 101A, 101B, 101C Block Group:5 Tract:0313.01

2640

JOURNAL OF THE SENATE

Block: 101A, 102,103, 104,105,106,107,108,109,110, 111, 112, 113, 114, 115,116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 299
Block Group:3 Tract:0313.02
Block Group:! Block Group:2 Block Group:3 Block Group:9 Tract:0313.04 Tract:0313.05 Tract:0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:5 Block Group:6 Tract:0314.04 Tract:0314.98 Tract:0315.01 Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B,
313, 314, 315A, 315B, 316, 317, 318, 319, 399 Block Group :4 Block Group:5 Block Group:6 Block Group:? Tract:0315.02 Block Group:! Block Group:2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404,
405, 406, 407, 408, 409, 410,411, 412, 413,414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505A, 505B, 505C, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C, 519D, 519E, 519F, 520, 521, 522, 523A, 523B, 524, 525A, 525B, 526A, 526B, 526C, 526D, 527, 528, 529, 530, 599 Block Group:6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 704, 705A, 705B, 705C, 705D, 706, 707A, 707B, 708 Block Group:8 Block: 906A, 907A, 908A, 909, 910A
Tract:0316.97

District No. 34

CLAYTON

Tract:0404.01

Block: 710, 711

Tract:0404.02

Block: 516, 517, 518, 519, 520, 522, 523, 524, 525, 526, 527, 528, 599

Tract:0404.03

Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A,

Block: 221B, 222, 223, 224

Block Group:3

Block: 401, 405, 406, 407, 408, 409

Tract:0405.05

Block: 601A, that part of Block 601B which lies south of a branch of Camp Creek,

602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614

Tract:0405.07

Tract:0405.08

*

Tract:0406.03

MONDAY, AUGUST 21, 1995

2641

Block Group:! Block Group:2 Block: 301, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, 315 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Tract:0406.04
Block Group:2
Block: 303, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338A, 338B, 341
Tract:0406.05
Tract:0406.06 Tract:0406.07
Tract:0406.08 DOUGLAS
Tract:0801.98 Tract:0802.
Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228, 299
Block Group:3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract:0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 299 Block Group:4 Block Group :5 Block Group:6 Tract:0806.02 Tract:0807.97 FAYETTE Tract:1401.01 Tract:1401.02 Tract:1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 399, 399, 401, 402, 403B,
403C, 406, 407, 499B, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B, 599B Tract:1404.01
Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A,
310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A, 399A Block Group:5 Tract: 1404.02 Block Group:! Block Group:2 Block Group:3 FULTON Tract:0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720 Block: 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 899, 899, 899, 899, 899, 899, 899, 899, 899 Tract:0104.
District No. 35
FULTON

2642

JOURNAL OF THE SENATE

Tract:0073. Block: 209B
Tract:0077.02 Block: 222, 223, 301, 302, 303, 304, 314, 315, 316, 317, 319, 320, 321, 322, 323, 325A, 325B, 326, 327, 330, 399A, 399B Block Group:4
Tract:0078.02 Block: 101A, 101B, 102A, 102B, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109, 110, 114, 115,116, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 120, 121, 122,123, 125, 126, 127, 199A, 199B, 199C, 199D, 199E, 199F Block Group:2 Block Group:3
Tract:0078.03 Block: 245B, 301D, 302B, 303B, 304, 305, 306 Block Group :4 Block Group:5 Block Group:6 Block: 704B, 705, 706B, 707B, 707C, 708
Tract:0103.01 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709, 721, 722, 799, 841, 842
Tract:0103.02
Tract:0105.03 Tract:0105.04 Tract:0105.05
Tract:0105.06 Tract:0106.01 Tract:0106.02
Tract:0107.
Tract:0108. Tract:0109.
Tract:0110. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A
Block Group:2
Block Group:3 Block Group:4 Block Group :5 Block Group:6 TractOlll. Block: 310, 311, 312A, 312B, 314, 403, 406, 408, 409, 410B, 411, 412, 413, 414, 415,
416, 417, 418, 420, 421
Tract:0112.02 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614 Block Group:7 Block Group:8
Tract:0113.01 Block: 110, 112, 118, 202, 203, 204, 205, 206, 208, 210, 211, 303, 304, 305, 306, 307, 308, 309, 310, 311 Block Group :4 Block: 501, 502, 503, 599
Tract:0113.02

MONDAY, AUGUST 21, 1995

2643

District No. 36
FULTON
Tract:0001.
Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group:5 Tract:0002. Block: 201, 206, 207, 208, 209, 210, 211 Block Group :3 Block Group:4 Block Group:5
Tract:0004. Block: 101, 199
Tract:0005. Block: 201, 207
Tract:0011.
Block: 105 Tract:0013.
Tract:0014. Tract:0015. Tract:0016.
Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0027. Tract:0028. Tract:0029. Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95 Tract:0050. Tract:0052. Tract:0053. Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057.
Block: 209, 210, 302, 306, 307, 308 Tract:0063. Tract:0064. Tract:0065.
Block: 108, 109, 110, 114, 115 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0067. Tract:0068.01 Tract:0068.02

2644

JOURNAL OF THE SENATE

Tract:0069. Tract:0070. Tract:0071. Tract:0072. Tract:0073.
Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209A, 210, 211, 212, 213, 215, 216, 219 Block Group:3 Tract:0074. Block Group:! Block: 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract:0075. Block Group:! Block: 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507 Tract:0110. Block: 114B
District No. 37
CHEROKEE Tract:0907. Block: 511 Tract:0908. Block: 799 Tract:0909.03 Tract:0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 199 Block Group:2 Block Group:3 Tract:0910.02
Tract:0910.03 Tract:0911.01 Tract:0911.03 Tract:0911.98 Tract:0912.98 COBB Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05
Block Group:6 Block: 702, 703, 704, 705 Block Group:8 Block Group:9 Tract:0302.06 Tract:0302.07 Tract:0306. Block: 308C, 312, 405B, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 501A,
501B, 501C, 501E, 502A, 502B, 503, 504, 505 506A, 506B, 599 Block Group:9 Tract:0309.01 Tract:0309.02 Block: 408, 409, 410, 411, 702 Tract:0309.03

MONDAY, AUGUST 21, 1995

2645

Block Group:3 Block Group :4 Block Group:5 Block Group:6 Tract:0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227,
228 Tract:0315.01
Block Group:! Block Group:2 Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract:0315.02 Block Group:3 Block: 403B, 504, 599, 701A, 701B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C,
910B, 999 Tract:0316.98
District No. 38
COBB Tract:0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 399A, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527 Tract:0313.02 Block: 402, 403, 404A, 404B, 405A, 406, 408B, 409, 410, 411, 499 Block Group:5
FULTON Tract:0024. Block: 208 Block Group:4 Block Group :5 Tract:0040. Tract:0041. Block: 310B Tract:0077.01 Tract:0077.02 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 299, 305, 306, 307, 308, 309, 310, 311, 312, 313, 318, 331, 399C Tract:0078.02 Block: 117A, 117B, 124A, 124B, 128, 129A, 129B Tract:0078.03 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234. 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 299A, 299B, 299C, 299D, 301A, 301B, 301C, 302A, 303A, 701, 702, 703, 704A, 706A, 707A Tract:0078.04 Tract:0079. Tract:0080. Block: 403, 404A, 506A, 510 Block Group:6 Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02

2646

JOURNAL OF THE SENATE

Tract:0083,01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126
Block Group:2 Block Group:3 Block Group:4 Tract:0089. Block: 504, 506A, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519,
522, 527, 528, 529, 530 Block Group:6 Tract:0090. Block: 105, 106, 107, 108, 109, 110, 111, 112 Block Group:2 Block: 301, 305A, 307, 310, 316 Tract:0097. Tract:0098. Block: 101A, 102,103A, 104,105,106,107A, 107B, 108,109,110, 111, 112,113,114,
117, 118, 199, 199, 199, 199, 217, 311, 401, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract'0099 Block: 308, 309, 310, 311, 313 Tract:0102.01 Block: 703A, 706A, 707, 708, 799A
District No. 39
FULTON Tract:0001. Block Group:! Block Group:2 Block Group:3 Block: 401 Tract:0002. Block Group:! Block: 202, 203, 204, 205 Tract:0004. Block: 102, 103, 104, 105, 106 Block Group:2 Block Group:3 Tract:0005. Block Group:! Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
219 Block Group:3 Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 TractOOll. Block: 101, 102, 103, 104, 106, 107, 108, 109

MONDAY, AUGUST 21, 1995

2647

Block Group:2 Tract:0012. Tract:0022. Tract:0023. Tract:0024.
Block Group:! Block: 201, 202, 203, 204, 205, 206, 207 Block Group:3 Tract:0025. Tract:0026. Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0041. Block Group:! Block Group :2 Block: 301, 302, 303, 304, 305, 306, 308, 309, 310A Block Group:4 Tract:0042.95 Tract:0043. Tract:0057. Block Group:! Block: 201, 202, 203, 204, 205, 206, 208, 211, 212, 301, 303, 304, 305, 310, 311 Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0065. Block: 101, 102, 103, 104, 105, 106, 113 Block Group:6 Tract:0066.01 Tract:0066.02 Tract:0074. Block: 21 IB, 212B Tract:0075. Block: 203B, 204B, 210B, 211B, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310A,
310B, 311A, 31 IB, 508 Tract:0076.01 Tract:0076.02 Tract:0080.
Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 404B, 405, 406, 407, 408, 409, 410, 501, 502, 503, 504, 505, 506B,
507, 508, 509 Tract:0088.
Block: 127, 128 Tract:0089.
Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501, 502, 503, 505, 515, 520, 521, 523, 524, 525, 526 Tract:0090. Block: 305B

2648

JOURNAL OF THE SENATE

Tract:0091. Block: 102, 103
Tract:0092. Tract:0093.
Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407 Tract:0094.01 Tract:0094.02 Tract:0096. Block: 303 Tract:0111. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 315, 316, 317, 318, 319, 320, 321,
401, 402, 404, 405, 407, 410A TractOl 12.01 Tract:0112.02
Block: 602 Tract:0113.01
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 113, 116, 119, 209, 301, 302, 504, 505, 506, 507, 508, 510, 511
Block Group:6
District No. 40
FULTON Tract:0090. Block: 101, 102, 103, 104, 302, 303, 304, 306, 308, 309, 311, 312, 313, 315 Tract:0091. Block: 101, 104, 105, 106, 107, 108, 109 Block Group:2 Block Group:3 Block Group:4 Tract:0093. Block Group:! Block: 408 Block Group:5 Tract:0095. Tract:0096. Block Group:! Block Group:2 Block: 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0098. Block: 101B, 103B, 103C, 115, 202, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 218, 299, 303, 304, 305, 306, 307, 308, 309, 310, 403, 404, 405, 406, 407, 408 Tract:0099. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307 Tract:0100. Tract:0101.01

MONDAY, AUGUST 21, 1995

2649

Tract:0101.03 Tract:0101.05 Tract:0101.06 Tract:0101.07 Tract:0101.08 Tract:0102.01
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703B, 704, 705, 706B, 799B Tract:0102.03 Block Group:! Tract:0102.04 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Tract:0102.05 Tract:0114.08 Block: 203D, 301B, 399D Tract:0114.09 Block Group:2 Block Group:3 Tract:0114.10 Tract:0114.11
District No. 41
DEKALB Tract:0211. Tract:0212.02 Tract:0212.05 Tract:0212.07 Tract:0212.08 Block: 101,102,103,104,105, 106,107,108,109, 110, 111, 112,113, 114, 115B, 116, 201B, 202, 203, 204, 205, 206B, 207, 208B, 209B, 211B, 213B, 214B, 301, 302B, 303B Tract:0212.09 Block: 301B, 302, 303, 405B, 406B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 499, 499 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01 Block: 101B, 102, 103, 104, 105B, 106, 123, 124 Tract:0213.04 Block: 101C, 105C, 106B, 114, 115,117B, 117C, 228B, 229, 230, 232,233B, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C, 399, 399, 399, 399
GWINNETT Tract:0503.04 Tract:0503.05 Tract:0503.06 Tract:0503.07

2650

JOURNAL OF THE SENATE

Tract:0503.08 Block: 102, 103 Block Group:2 Block Group:3 Block: 401, 402, 404, 405, 406, 407, 499, 499, 499
Tract:0503.10 Block Group:! Block Group:2 Block Group:3 Block: 403, 404, 405, 406, 407, 408, 409, 410, 499A
Tract:0503.11 Tract:0503.12 Tract:0503.13 Tract:0503.14 Tract:0504.06 Tract:0504.07
Block Group:3 Tract:0504.08
Block Group:! Block Group:3 Block Group:4 Tract:0508.98
District No. 42
DEKALB Tract:0201. Tract:0202. Tract:0203. Tract:0204. Tract:0206. Block: 101 Tract:0207. Block: 214A Tract:0212.04 Tract:0212.08 Block: 115A, 201A, 206A, 208A, 209A, 210, 211A, 212, 213A, 214A, 302A, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317, 318 Tract:0212.09 Block: 301A, 401, 402, 403, 404, 405A, 406A, 407, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract:0213.01 Block: 101A, 105A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract:0213.02 Tract:0213.03 Tract:0213.04 Block: 101A, 101B, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 117A, 120, 122, 201, 202, 203, 204, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B Tract:0214,01 Tract:0214.02 Tract:0214.03 Tract:0214.04 Tract:0215. Tract:0216.01 Block: 112, 116, 117, 118, 120 Block Group:2

MONDAY, AUGUST 21, 1995

2651

Block Group:3 Block Group :4 Tract:0216.02 Tract:0216.03 Tract:0217.03 Block: 420 Tract:0217.04 Block: 302, 303, 308, 309, 310, 311, 312, 315 Tract:0220.01 Block: 415A Tract:0222. Block: 609A, 610A Tract:0223.01 Tract:0223.02 Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 408, 412 Block Group :5 Block Group:6 Block Group:? Tract:0226. Block Group:! Block Group:2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
319, 321, 322 Block Group:4 Block Group:5 Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402
District No. 43
DEKALB Tract:0231.03 Block: 101, 102, 104, 105, 106, 107, 108, 109, 112, 117, 118, 119, 121, 122, 199 Tract:0232.03 Tract:0232.05 Block: 401, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 510, 511, 512, 513, 519, 520, 521, 522 Tract:0232.06 Tract:0232.07 Tract:0233.02 Tract:0233.03 Tract:0233.06 Block: 401, 403, 404, 405, 406, 499, 499 Block Group:5 Tract:0233.07 Tract:0233.08 Tract:0234.03 Block: 920, 921, 923, 924, 999, 999 Tract:0234.05

2652

JOURNAL OF THE SENATE

Block: 101, 114, 115, 199 Block Group:3 Block Group :4 Block Group:5 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.02 Block: 113, 114, 201, 202, 203, 205, 206, 216 Block Group:3 Block Group:4 Tract:0235.03 Tract:0239.98
District No. 44
CLAYTON Tract:0401. Tract:0402. Tract:0403.01 Tract:0403.02 Tract:0403.03 Tract:0403.04 Tract:0403.05 Tract:0404.01 Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract:0404.02 Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 521,
529, 530, 531, 532, 533 Block Group:8 Block Group:9 Tract:0404.03 Block Group:! Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C,
215, 216, 219, 225, 226, 227, 228, 229, 402, 403, 404, 410, 411, 412, 499, 499
Tract:0404.05 Tract:0404.06 Tract:0405.03 Tract:0405.04 Tract:0405.05
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: That part of Block 601B which lies north of a branch of Camp Creek, 610B
Tract:0405.06 Tract:0406.03
Block: 304, 305, 306, 316, 317

MONDAY, AUGUST 21, 1995

2653

Block Group:9 Tract:0406.04
Block: 301A, 301B, 302, 304, 319, 323, 324 Block Group :4 Block Group:5 Block Group:6
District No. 45
BARROW Tract:1801. Tract: 1802.
Block: 131, 133, 134, 135, 199, 199, 213, 214, 215, 223, 224, 225, 232A, 232B, 232C, 233A, 233B, 299A, 354
Tract:1803. Block: 108, 109, 110, 111, 112, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 199B, 256, 266, 267, 268, 269, 270
Tract:1804.
Block: 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 240, 241, 242, 243, 299B, 299C, 299D, 299F
Tract:1805. Block: 101, 102, 103, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 199A Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419,420A, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442
NEWTON Tract:1001. Tract: 1002. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 191, 193, 194, 195, 196, 197, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 199, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 242, 269, 270, 299A, 299B, 299C, 299D, 299E, 299F Tract:1003. Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 399 Tract: 1004. Tract:1005. Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130A, 130B, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142,143, 144, 145,146,147, 148,149,152,160, 161,162, 163, 164, 165, 166A, 167, 168A, 177,178A, 178B, 179,180,181,182,183A, 183B, 184,185,187,199A, 199B, 199C, 199D, 199E Tract: 1006. Tract: 1007. Tract: 1009. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 299A, 299B
ROCKDALE

2654

JOURNAL OF THE SENATE

Tract:0601. Tract:0602.
Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 510, 511, 599, 701A Tract:0603.02 Block Group:2 Block Group:3 Block Group:4 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611A, 611B, 612, 613, 614,
615, 616, 617, 618, 619, 620, 621, 623, 624, 625, 628, 629, 630, 631, 632, 635, 636, 699C Tract:0603.03 Tract:0603.04 WALTON
District No. 46
BARROW Tract: 1802. Block: 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114,115,116,117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 205C, 206, 207,208A, 208B, 209, 210, 211, 212, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 299B, 299C, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 355, 356A, 356B, 357, 358, 399 Block Group :4
Block Group:5 Tract: 1803.
Block: 101,102,103,104,105, 106,107,113,114,115,116,117A, 117B, 117C, 117D, 118A, 118B, 118C, 130, 131,132, 133A, 133B, 134, 135,136A, 136B, 137,138, 139, 140A, 140B, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153,154,155A, 155B, 155C, 156,157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226,227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 258, 259, 260, 261, 262, 263, 264, 265, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278,279, 280, 281, 282A, 282B, 283, 299A, 299B, 299C, 299D, 299E
Tract: 1804. Block Group:! Block: 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239A, 239B, 299A, 299E Block Group:3
Tract: 1805. Block: 104, 106A, 106B, 107, 199B, 420B, 421
CLARKE OCONEE
District No. 47

MONDAY, AUGUST 21, 1995

2655

BANKS ELBERT FRANKLIN HART JACKSON MADISON
District No. 48
FORSYTH Tract:1303.
Block: 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 299, 299
Tract: 1304.
Block: 112, 125A, 126, 132, 133A, 133B, 142A, 142B, 142C, 143A, 143B, 144, 145, 146,147, 148,149,150A, 150B, 150C, 151A, 151B, 152A, 152B, 153, 154,155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 199C, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 299
Block Group:3 Tract:1305.
Block: 401, 402, 403, 405, 406, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 499A, 499B, 499C, 499D, 499E
Tract: 1306. FULTON
Tract:0116.02 Block: 304A, 304B, 304C, 304D, 401A, 401B, 401D, 401E, 401F, 401J, 401K, 702, 901A, 901B, 901C, 906, 907A, 907B, 907C, 907D, 908, 909, 910A, 910B, 911A, 911B, 912A, 912B, 913A, 913B, 913C, 913D, 913E, 914A, 914B, 914C, 915, 916A, 916B, 917, 918A, 918E
Tract:0116.03 Block Group:! Block: 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 399, 399
GWINNETT Tract:0501.01 Tract:0501.02 Tract:0502.02 Tract:0502.03 Block: 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 117A, 117B, 118, 199 Block Group:2 Block: 315,316, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B, 328C, 329, 332A, 332B, 333A, 333B, 3334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347, 399B, 399C Block Group:4 Block Group:5 Block Group:6 Block Group:? Tract:0502.04 Tract:0505.02

2656

JOURNAL OF THE SENATE

Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138, 199
Tract:0505.03 Tract:0505.08
Block Group:2 Tract:0505.09 Tract:0506.01 Tract:0506.02 Tract:0507.04
Block: 140 Tract:0507.05
Block: 101,102A, 102B, 103,104A, 104B, 105,106,107,108,109,110, 111, 112,113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,155,156, 157, 158,159, 160A, 160B, 160C, 161A, 161B, 199
Block Group:2
District No. 49
FORSYTH Tract:1301. Tract: 1302. Tract: 1303. Block Group:! Block: 201,202,203,211 Tract: 1304. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127, 128, 129, 130, 131, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B, 199A, 199B, 199D, 232 Tract:1305. Block Group:! Block Group:2 Block Group:3 Block: 404
HALL
District No. 50
DAWSON HABERSHAM LUMPKIN RABUN STEPHENS TOWNS UNION WHITE
District No. 51
CHEROKEE Tract:0901. Tract:0902. Tract:0903. Tract:0904. Tract:0905. Tract:0906.

MONDAY, AUGUST 21, 1995

2657

Tract:0907. Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B Block Group:6
Tract:0908. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199B, 605, 606, 607, 608, 609, 702, 703, 704, 705
Tract:0910.01 Block: 199
FANNIN GILMER GORDON PICKENS
District No. 52
BARTOW Tract:9601. Tract:9602. Tract:9603.98 Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 299C Block Group:3 Tract:9604. Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 123A, 123B, 124, 125, 126, 127, 128 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:9605. Block: 301, 302, 303, 305, 306, 307,308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 Tract:9606. Block: 699B, 699E, 699F Tract:9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 120D, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 166A, 166B, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199E, 199F Tract:9608. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 501A, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 521, 522A, 522B, 522C, 523A, 523B, 536A, 536B, 537, 538, 539, 540A,

2658

JOURNAL OF THE SENATE

540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554 555, 556, 599A, 599B, 599C, 599D Tract:9610. Block: 101, 102, 104, 199M FLOYD
District No. 53
CHATTOOGA DADE WALKER WHITFIELD
Tract:0007. Block: 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block Group:4
Tract:0008. Block: 120A, 120C, 120D, 121B, 121C, 123D, 147, 148, 199 Block Group:2 Block: 301, that part of Block 302B which lies outside the corporate limits of Dalton, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 399, 399, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 499
Tract:0011. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 199, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract:0012. Block Group:! Block Group:2 Block Group:3 Block: 404A, 404B, 405A, 405B, 406, 407A, 407B, 408A, 408B, 408C, 409A, 409B, 410, 411, 412, 413A, 413B, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 439A, 439B, 439C, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444, 445, 446, 501, 502, 503, 504, 505, 506B, 506C, 507, 525A, 525B, 526, 527, 528A, 528B, 528C, 529, 530, 531, 532, 533, 534A, 534B, 534C, 535, 536A, 536B, 536C, 536D, 536E, 536F, 536G, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 540A, 540B, 540C, 541A, 541B, 542A, 542B, 543A, 543B, 544A, 544B, 544C, 544D, 545, 546A, 546B
Tract:0013. Block: 115A, 115B, 115C, 115D, 115E, 115F, 116, 117, 119A, 119B, 119C, 120A, 120B, 120C, 120D, 121, 122A, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 Block Group:2
Tract:0014. Block: 107A, 107B, 107C, 108A, 108B, 210B, 210C, 210L, 210M, 233, 234, 235A, 235B, 235C, 236A, 236B, 237A, 237B, 237C, 238, 239, 240, 241A, 241B, 242, 243A, 243B Block Group:4 Block Group:5
Tract:0015.

MONDAY, AUGUST 21, 1995

2659

District No. 54
CATOOSA MURRAY WHITFIELD
Tract:0001. Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006.98 Tract:0007.
Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108 Tract:0008.
Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120B, 121A, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131,132, 133,134, 135A, 135B, 135C, 135D, 135E, 136,137, 138, 139,140A, HOB, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 302A, that part of Block 302B which lies within the corporate limits of Dalton, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D
Tract:0009. Tract:0010. Tract:0011.
Block: 101, 102, 201, 202, 203 Block Group:3 Block Group :4 Tract:0012. Block: 401, 402, 403A, 403B, 447, 448, 506A, 508, 509, 510, 511, 512, 513, 514, 515,
516, 517, 518, 519, 520, 521, 522, 523, 524 Tract:0013.
Block: 101A, 101B, 101C, 102, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 105E, 106A, 106B, 106C, 106D, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 118A, 118B
Block Group:3 Tract:0014.
Block: 101, 102A, 102B, 103A, 103B, 103C, 104A, 104B, 104C, 104D, 105A; 105B, 106A, 106B, 106C, 106D, 106E, 106F, 201A, 201B, 202A, 202B, 203A, 203B, 204A, 204B, 204C, 205A, 205B, 205C, 205D, 206A, 206B, 207A, 207B, 207C, 208, 209A, 209B, 209C, 210A, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 211, 212, 213A, 213B, 214,215, 216,217, 218, 219, 220, 221A, 221B, 222, 223A, 223B, 224A, 224B, 225A, 225B, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230, 231, 232, 299A, 299B
Block Group:3 Tract:0016.97 Tract:0016.98
District No. 55
DEKALB Tract:0218.05 Block: 210, 229 Block Group:4 Tract:0218.06 Block: 137, 139, 199 Tract:0219.02 Block Group :4

2660

JOURNAL OF THE SENATE

Tract:0219.03 Tract:0219.04 Tract:0219.05 Tract:0220.01
Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract:0220.02 Tract:0220.04 Tract:0220.05 Tract:0221. Tract:0229.
Block: 410 Tract:0230.
Block: 104C Tract:0231.01
Block Group:! Block: 204, 208, 507, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 522, 523,
535, 599 Tract:0231.02
Block: 105B, HOB, 113B, 114C, 115B, 116B Block Group:2 Block Group:3 Tract:0231.03 Block: 103, 114, 115, 116 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0231.05 Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group :5 Tract:0231.06 Tract:0232.04 Tract:0232.05 Block Group:! Block: 402, 403, 404, 405, 406, 407, 499, 501, 502, 503, 504, 505, 506, 507, 508, 509,
514, 515, 516, 517, 518, 599, 599 Tract:0233.05 Tract:0233.06
Block Group:3 Block: 402,407,408 Tract:0235.01 Block Group:! Tract:0235.02 Block: 101, 102, 103, 104, 105, 106, 107, 109, 111, 112, 116, 117, 204, 207, 208, 209,
210, 211, 212, 217, 218
District No. 56
CHEROKEE Tract:0908. Block: 123, 124, 125, 126, 127, 128, 199A Block Group:2 Block Group:3 Block Group:4 Block Group:5

MONDAY, AUGUST 21, 1995

2661

Block: 601, 602, 603, 604, 610, 611, 701 Tract:0909.01 Tract:0909.02 FULTON Tract:0102.03
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0102.04 Block Group:! Block Group:2 Tract:0114.03
Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08
Block Group:! Block: 201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A,
208B, 299, 301A, 302, 303, 304, 305, 306, 399A, 399B, 399C
Block Group :4
Block Group:5 Block Group:6 Block Group:8 Tract:0114.09 Block Group:! Block Group :4 Block Group:5 Block Group:6 Block Group:7 Tract:0115. Tract:0116.01 Tract:0116.02 Block: 301, 302, 303, 401C, 401G, 401H, 402, 403, 404 Block Group:5 Block Group:6 Block: 701, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B,
708C, 709A, 709B, 709C, 709D, 710, 902A, 902B, 903A, 903B, 904, 905, 918B, 918C, 918D Tract:0116.03 Block Group:2 Block: 309, 310, 311 Block Group:8 Block Group:9 GWINNETT Tract:0502.03 Block: 115, 116, 119, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 317, 330, 331, 399A, 399D Tract:0503.08 Block: 101,403 Tract:0503.09

2662

JOURNAL OF THE SENATE

Tract:0503.10 Block: 401, 402, 411A, 411B, 499B, 499C

CLIENT PLAN COMMENTS:
District Number
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 43

: SENATE : CLAYFLSUB

OPERATOR ;: state

DATE: August 20, 1995 TIME: 6:19 PM

Senator Clay Amendment to Substitute to SB3EXCS. Changes District 32, 33 and 37
(NOTE: VAP = Voting Age Population)

Total Pop % Deviation

Black Pop % of Total

VAP % of Total

Black VAP % of VAP

113517 -1.87
110873 -4.16
111231 -3.85
117347 1.44
117197 1.31
120569 4.22
115768 0.07
119031 2.90
120450 4.12
109927 -4.97
120946
4.55 111678
-3.46 120608
4.26 117438
1.52 110675
-4.33 115439
-0.21 111440
-3.67 115793
0.10 110904
-4.13 110707
-4.30 121377
4.92 112035
-3.15

13189 11.62 70009 63.14 41341 37.17 32607 27.79 6916 5.90 19473 16.15 26767 23.12 37193 31.25 2882 2.39 81952 74.55 50304 41.59 62032 55.55 36947 30.63 49523 42.17 62851 56.79 21489 18.62 13697 12.29 25602 22.11 28831 26.00 41408 37.40 4522 3.73 75697 67.57

85147 75.01 79520 71.72 78152 70.26 86206 73.46 90197 76.96 87337 72.44 82550 71.31 85547 71.87 83316 69.17 79272 72.11 85039 70.31 77873 69.73 85478 70.87 83036 70.71 78408 70.85 86670 75.08 80224 71.99 83539 72.15 78884 71.13 78640 71.03 85514 70.45 78192 69.79

8751 10.28 46878 58.95 26771 34.26 21576 25.03 5132 5.69 12425 14.23 17311 20.97 23782 27.80 1925 2.31 55900 70.52 31657 37.23 39280 50.44 22500 26.32 32586 39.24 41801 53.31 14516 16.75 9663 12.05 16317 19.53 18288 23.18 26360 33.52 3082 3.60 49669 63.52

MONDAY, AUGUST 21, 1995

2663

District Number

Total Pop % Deviation

Black Pop % of Total

44

119324

35367

3.15

29.64

45

110715

19336

-4.29

17.46

46

121330

26894

4.88

22.17

47

116674

16518

0.86

14.16

48

118820

3976

2.71

3.35

49

117826

8199

1.85

6.96

50

118281

5003

2.25

4.23

51

119068

2662

2.93

2.24

52

113887

13265

-1.55

11.65

53

116496

4740

0.70

4.07

54

118306

2847

2.27

2.41

55

114365

49681

-1.14

43.44

56

112399

3833

-2.84

3.41

Totals

6478216

1746565

Number of Districts Members Per District Ideal District Size Average Deviation (%) Deviation Range (%) Overall Deviation (%)

56 1
115682 2.89
-5.02 to 4.92 9.94

VAP % of Total
87443 73.28 80115 72.36 94324 77.74 86438 74.09 85620 72.06 87616 74.36 90578 76.58 88087 73.98 85201 74.81 86124 73.93 87163 73.68 85605 74.85 84972 75.60
4750913

Black VAP % of VAP
23687 27.09 12822 16.00 17913 18.99 11091 12.83 2856 3.34 5489 6.26 3774 4.17 1855 2.11 8907 10.45 3393 3.94 1980 2.27 34510 40.31 2804 3.30
1168142

( DATA SOURCE: 1990 US Census PL94-171 Population Counts

)

(

NOTE: Districts numbered > 200 are used as special accumulators. )

(

They are not included in avg or % range calculations.

)

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 Crotts

Day Edge Egan Glanton Gochenour Guhl Isakson

Johnson of 1st Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch

Bowen Broun of 46th

Cheeks Dean

2664

JOURNAL OF THE SENATE

Farrow Gillis
Griffin
Harbison Henson Hill Hooks
James Johnson of 2nd Kemp

Langford Madden Marable Middleton Oliver Perdue Pollard Ragan Ray

Not voting was Senator Brown of 26th.

Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

On the adoption of the amendment, the yeas were 21, nays 34, and the Clay, et al. amendment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 46, nays 3, 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 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 McGuire

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

Those voting in the negative were Senators:

Bowen Brown of 26th James

Johnson of 2nd Scott

Stokes Taylor

On the passage of the bill, the yeas were 49, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:55 P.M., the President announced the Senate adjourned.

TUESDAY, AUGUST 22, 1995

2665

Senate Chamber, Atlanta, Georgia Tuesday, August 22, 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 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 9EX. Do pass.

HB 16EX. Do pass.

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

Senator Tysinger of the 41st moved that Senator Burton of the 5th be excused from the Senate today for medical reasons.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Burton was excused.
Senator Marable of the 52nd moved that Senator Dean of the 31st be excused from the Senate today due to Senate business.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Dean was excused.
Senator Marable of the 52nd moved that Senator Hill of the 4th be excused from the Senate today due to Senate business.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Hill was excused.
Senator Marable of the 52nd moved that Senator Henson of the 55th be excused from the Senate today due to Senate business.
On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Henson was excused.
Senator Farrow of the 54th moved that Senator Oliver of the 42nd be excused from the Senate today due to personal business.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Oliver was excused.
Senator Clay of the 37th moved that Senator Edge of the 28th be excused from the Senate today for business reasons.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Edge was excused.
Senator Broun of the 46th moved that the morning roll call be dispensed with.
On the motion, the yeas were 35, nays 3; the motion prevailed, and the morning roll call was dispensed with.
Senator Ralston of the 51st led the Senators in the Pledge of Allegiance to the Flag of the United States of America.

2666

JOURNAL OF THE SENATE

Senator Ralston of the 51st introduced the chaplain of the day, Reverend Frank Mills of the Calhoun Church of Christ, Calhoun, Georgia, who offered scripture reading and prayer.
Senator Griffin of the 25th moved that the following bill be withdrawn from the Com mittee on Education and committed to the Committee on Finance and Public Utilities:
SR 10EX. By Senators Griffin of the 25th, Stokes of the 43rd, Langford of the 29th and Newbill of the 56th:
A resolution creating the Senate Study Committee on Financial Accountability and Control Among Local Boards of Education.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 10EX was committed to the Committee on Finance and Public Utilities.
The following resolutions of the Senate were read and adopted:
SR 16EX. By Senator Harbison of the 15th:
A resolution commending Christine B. Dawson.

SR 17EX. By Senators Taylor of the 12th, Starr of the 44th, Bowen of the 13th and others:
A resolution urging the adoption of safe driving programs for the young people of Georgia.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, August 22, 1995
SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 9EX McGuire, 30th CARROLL COUNTY
Amend an Act creating the Board of Commissioners of Carroll County to provide for a county manager and for other purposes.

HB 16EX Ray, 19th Gillis, 20th LAURENS COUNTY

An act providing for the nonpartisan nomination and election of the judge of Probate Court of Laurens County and other purposes.

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

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

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Cagle Clay

Crotts Egan Farrow Gillis

TUESDAY, AUGUST 22, 1995

2667

Glanton Gochenour Griffin Guhl Hooks Isakson 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:

Abernathy Balfour Burton (excused) Cheeks Day

Dean (excused) Edge (excused) Harbison Henson (excused)

Hill (excused) James Oliver (excused) Walker

On the passage of all the local bills, the yeas were 43, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
Serving as doctor of the day was Dr. Ralph Tillman of Buford, Georgia,
At 10:45 A.M., Senator Perdue of the 18th moved that the Senate recess until 10:00 P.M., and at that time adjourn until 10:00 A.M. tomorrow; the motion prevailed.
At 10:00 P.M., the President announced the Senate adjourned.

2668

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, August 23, 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 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 SEX. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman
Senator Broun of the 46th moved that the morning roll call be dispensed with.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the morning roll call was dispensed with.
Senator Glanton of the 34th led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Glanton of the 34th served as chaplain of the day and offered scripture reading and prayer.
Senator Ray of the 19th moved that the Senate resolve itself into the Committee of the Whole Senate to hear a report from Assistant Attorney General, Dennis Dunn, regarding developments from the August 22nd meeting with the three judges of the U.S. District Court on the congressional reapportionment.
On the motion, the yeas were 33, nays 0, and the motion prevailed. At 10:20 A.M., the Senate resolved itself into the Committee of the Whole Senate. The Committee of the Whole Senate was dissolved at 10:57 A.M. and the Senate reconvened. Senator Slotin of the 39th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia.
The following resolutions of the Senate were read and adopted:
SR 18EX. By Senator Cagle of the 49th:
A resolution recognizing Johnson High School on the occasion of the 1st Annual Johnson Pride Day.
SR 19EX. By Senator Ray of the 19th:
A resolution commending the Jeff Davis All-Stars Baseball Team.

WEDNESDAY, AUGUST 23, 1995

2669

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 Wednesday, August 23, 1995 EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB SEX Gillis, 20th CITY OF SOPERTON

Amend an Act providing a new charter for the City of Soperton, so as to change council district descriptions; to change the terms of office for the mayor and members of the council from concurrent terms to staggered terms; to change the dates of elections for the mayor and the members of the council; to provide for submissions; to provide for effective dates and other purposes.

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

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

Those voting in the affirmative were Senators:

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 Langford Madden Marable McGuire

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

Those not voting were Senators:

Brown of 26th Henson Kemp

Land Ray

Thomas Walker

On the passage of the local bill, the yeas were 49, nays 0.
SB SEX on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.

2670

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 18EX. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the Town of Lithia Springs or such mayor's designee shall be an ex officio member of the authority board of directors; to amend an Act authorizing the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Douglas County.
HB 19EX. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to change certain definitions; to authorize the crea tion of community improvement districts within the City of Lithia Springs; to change provisions relating to governing boards.
HB 20EX. By Representative Crawford of the 129th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Upson County, so as to change the date of the election at which the nonpartisan nomination and election begin.
HB 22EX. By Representative Porter of the 143rd:
A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the election of the chief magistrate; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Laurens County.
SB 4EX. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act providing for the Magistrate Court of Whitfield County, as amended, so as to clarify that the election of the chief magistrate and the full-time magistrates of said county shall be by nonpartisan election.
The following bills of the House were read the first time and referred to committee:
HB 18EX. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the Town of Lithia Springs or such mayor's designee shall be an ex officio member of the authority board of directors; to amend an Act authorizing the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Douglas County.
Referred to Committee on State and Local Governmental Operations.

WEDNESDAY, AUGUST 23, 1995

2671

HB 19EX. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to change certain definitions; to authorize the crea tion of community improvement districts within the City of Lithia Springs; to change provisions relating to governing boards.
Referred to Committee on State and Local Governmental Operations.
HB 20EX. By Representative Crawford of the 129th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Upson County, so as to change the date of the election at which the nonpartisan nomination and election begin.
Referred to Committee on State and Local Governmental Operations.
HB 22EX. By Representative Porter of the 143rd:
A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the election of the chief magistrate; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Laurens County.
Referred to Committee on State and Local Governmental Operations. At 11:07 A.M., Senator Perdue of the 18th moved that the Senate recess until 7:00 P.M., and at that time adjourn until 10:00 A.M. tomorrow; the motion prevailed. At 7:00 P.M., the President announced the Senate adjourned.

2672

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, August 24, 1995 Ninth 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 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 resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 10EX. Do pass.
Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:
The Committee on State and Local Govermental Operations has had under considera tion the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB HEX. Do pass.

HB 20EX. Do pass.

HB 18EX. Do pass.

HB 22EX. Do pass.

HB 19EX. Do pass.

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

Senator Broun of the 46th moved that the morning roll call be dispensed with. On the motion, the yeas were 26, nays 13; the motion prevailed, and the morning roll call was dispensed with. The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Boshears of the 6th introduced the chaplain of the day, Reverend Franklin Mincey, Pastor of St. Peter's Baptist Church, Argyle, Georgia, who offered scripture reading. Reverend Jackie Harris, Assistant Pastor of St. Peter's Baptist Church, led the Senate in prayer.
The following resolutions of the Senate were read and adopted;
SR 20EX. By Senators Gillis of the 20th, Ray of the 19th, Perdue of the 18th and many, many others:
A resolution expressing sympathy at the passing of Edwin Craig Gannaway.

SR 21EX. By Senator Hooks of the 14th: A resolution commending Friendship Baptist Church on its 100th anniversary.

THURSDAY, AUGUST 24, 1995

2673

The following resolution of the Senate was adopted:
SR 10EX. By Senators Griffin of the 25th, Stokes of the 43rd, Langford of the 29th and Newbill of the 56th:
A resolution creating the Senate Study Committee on Financial Accountability and Control Among Local Boards of Education.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, August 24, 1995 NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB HEX Crotts, 17th CITY OF JACKSON
An Act to provide for a new charter for the City of Jackson and for other pur poses.
HB 18EX McGuire, 30th Glanton, 34th LITHIA SPRINGS/DOUGLAS COUNTY
Amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide that the mayor of the Town of Lithia Springs or such mayor's designee shall be an ex officio member of the authority board of directors; to amend an Act authorizing the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Douglas County; and other purposes.
HB 19EX McGuire, 30th Glanton, 34th LITHIA SPRINGS/DOUGLAS COUNTY
Amend an Act known as the "Douglas County Community Improvement District Act," so as to change certain definitions; to authorize the creation of community improvement districts within the City of Lithia Springs; to change provisions relating to governing boards and other purposes.
HB 20EX Gochenour, 27th UPSON COUNTY
Amend an Act providing for the nonpartisan nomination and election of the judge of Probate Court of Upson County; so as to change the date of election at which the nonpartisan nomination and election begin and for other purposes.
HB 22EX Ray, 19th Gillis, 20th LAURENS COUNTY
Amend an Act providing for the magistrate Court of Laurens County; so as to change the provisions relating to the elections of the chief magistrate; to provide for the nonpartison nomination and election of the chief magistrate of the Mag istrate Court of Laurens County and other purposes.

2674

JOURNAL OF THE SENATE

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

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

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

Those not voting were Senators:

Abernathy Farrow Guhl

Henson Kemp Oliver

Ragan Walker

On the passage of all the local bills, the yeas were 48, nays 0.
All the bills on the Senate Local Consent Calendar, having received the requisite con stitutional majority, were passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 24EX. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act creating a Board of Commissioners of Paulding County, so as to change the provisions relating to the appointment and removal of cer tain county officials and employees.

HB 25EX. By Representatives Shipp of the 38th, Coker of the 31st, Klein of the 39th, Sauder of the 29th, Towery of the 30th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

THURSDAY, AUGUST 24, 1995

2675

The following bills of the House were read the first time and referred to committee:
HB 24EX. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act creating a Board of Commissioners of Paulding County, so as to change the provisions relating to the appointment and removal of cer tain county officials and employees.
Referred to Committee on State and Local Governmental Operations.
HB 25EX. By Representatives Shipp of the 38th, Coker of the 31st, Klein of the 39th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations. At 11:00 A.M., Senator Ray of the 19th moved that the Senate recess until 6:00 P.M., and at that time adjourn until 10:00 A.M. tomorrow; the motion prevailed. At 6:00 P.M., the President called the Senate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 7EX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the description of representative districts.
The following bill of the House was read the first time and referred to committee:
HB 7EX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the description of representative districts.
Referred to Committee on Reapportionment. Serving as doctor of the day was Dr. Alva Mayes, Jr. of Macon, Georgia. At 6:00 P.M., the President announced the Senate adjourned until 10:00 A.M. tomorrow.

2676

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, August 25, 1995 Tenth 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 bill of the House:
HB 27EX. By Representatives Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th, Davis of the 48th, Canty of the 52nd and others:
A bill to create the Atlanta-Fulton Family Connection Authority.
The following bill of the House was read the first time and referred to committee:
HB 27EX. By Representatives Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th and others:
A bill to create the Atlanta-Fulton Family Connection Authority.
Referred to Committee on State and Local Governmental Operations.
Senator Dean of the 31st moved that Senator Turner of the 8th be excused from the Senate today to attend to Senate business in his district.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Turner was excused.
Senator Gillis of the 20th moved that the morning roll call be dispensed with.
On the motion, the yeas were 20, nays 15; the motion prevailed, and the morning roll call was dispensed with.

FRIDAY, AUGUST 25, 1995

2677

The following statement was filed with the Secretary:

MEMO DATE: TO:
FROM: RE:

AUGUST 25, 1995 FRANK ELDRIDGE
SECRETARY OF SENATE SENATOR ABERNATHY EXCUSE FROM SENATE

Dear Mr. Eldridge:
Please accept this memo as a formal notice that I will not be in attendance for August 25, 1995 in the General Assembly, due to a death in my Business Corporation.

Yours For a Greater Georgia,

1st Ralph "David" Abernathy, III State Senator 38th District

Senator Dean of the 31st 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 Jackey Beavers of Bartow County, who offered scripture reading and prayer.
The following resolution of the Senate was read and put upon its adoption:

SR 22EX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:
A resolution relative to adjournment from 5:00 P.M. on Friday, August 25, 1995, until reconvening on Monday, August 28, 1995.
On the adoption of the resolution, the yeas were 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. At 10:45 A.M., Senator Perdue of the 18th moved that the Senate stand at ease until the Reapportionment Committee completes its 2:00 meeting. On the motion, the yeas were 35, nays 0, and the motion prevailed. At 3:15 P.M., the President called the Senate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 22EX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:
A resolution relative to adjournment.
The following bill of the House was read the first time and referred to committee:
HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
Referred to Committee on Reapportionment.
The following report of a standing committee was read by the Secretary:
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 7EX. Do pass.
Respectfully submitted, Senator Blitch of the 7th District, Chairman
The following bill of the House was read the second time: HB7EX
Serving as doctor of the day was Dr. Ed Malcom, Jr. of Roswell, Georgia. At 3:30 P.M., the President announced that the Senate would recess until 5:00 P.M., and at that time, pursuant to SR 22EX, stand adjourned until 10:00 A.M. Monday, August 28. At 5:00 P.M., the President announced the Senate adjourned.

MONDAY, AUGUST 28, 1995

2679

Senate Chamber, Atlanta, Georgia Monday, August 28, 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 the proceedings of Friday, August 25, 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 bill of the Senate was introduced, read the first time and referred to committee:

SB 9EX. By Senator McGuire of the 30th:

A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County so as to provide for the election of the chief magis trate of the Magistrate Court of Carroll County in nonpartisan elections with out a prior nonpartisan primary.

Referred to Committee on State and Local Governmental Operations.
The President called for the morning roll call and the following Senators answered to their names:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Cagle Cheeks Crotts Dean Edge Egan Gillis Gochenour

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

Newbill Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not answering were Senators:

Abernathy Bowen Burton Clay Day

Farrow Glanton Hill Johnson of 2nd Kemp

Oliver Scott Slotin Thompson Walker

The following statements were filed with the Secretary:

Mr. Secretary:

8/28/95

This is to let you know I was in the Chamber this morning but was not recorded as present at roll call.
Thank you for putting this in the record.
/s/ Jack Hill District 4

2680

JOURNAL OF THE SENATE

September 7, 1995
Mr. Frank Eldridge Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I missed roll calls on August 17 and 28 and September 6 and 7 for various reasons. One day constituents and I met with Mike Bowers, other days, I met with constituents and met with other Senators to discuss redistricting plans. I have been here every day during this Special Session, but I did miss these roll calls.
Sincerely, /s/ Clinton M. Day
Senator Perdue of the 18th led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Perdue of the 18th introduced the chaplain of the day, Reverend Marcus Tripp of Perry United Methodist Church, Perry, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 23EX. By Senator James of the 35th:
A resolution commending the Citizens Coalition for Community Development, Inc.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Monday, August 28, 1995
ELEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB SEX Taylor, 12th CITY OF LUMPKIN
An Act to create a new charter for the City of Lumpkin to deannex and remove certain territory from the corporate limits of the City of Lumpkin.
*HB 3EX: Senator Taylor of the 12th offered the following substitute to HB SEX:
A BILL To be entitled an Act to amend an Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), as amended, particularly by an Act ap proved April 5, 1995 (Ga. L. 1995, p. 4018), so as to deannex and remove certain territory from the corporate limits of the City of Lumpkin; to repeal conflicting laws; and for other purposes.

MONDAY, AUGUST 28, 1995

2681

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4018), is amended by striking Section 1.2B of said Act, as enacted by the Act approved April 5,1995 (Ga. L. 1995, p. 4018), and inserting in lieu thereof a new Section 1.2B to read as follows:
"SECTION 1.2B.
In addition to any other territory lying within the corporate limits of the City of Lumpkin, such city limits shall also include the following described property:
EAST BROAD STREET CITY LIMITS
The Point of Beginning shall be the present City Limits of the City of Lumpkin located on East Broad Street which is Georgia Highway No. 27 and also known as the Lumpkin to Richland Highway. From this Point of Beginning run East along said highway an even width, including all the right-of-way of said highway, for a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on East Broad Street and Georgia Highway No. 27, East. Also to be annexed into the City of Lumpkin is property abutting, facing and lying on Georgia Highway 27, East, which west boundary line of same is lo cated 1.6 miles East of the present (old) limits of the City of Lumpkin, fronting 1,309.35 feet on the South side of said highway and better described as follows:
All that tract or parcel of land situate, lying and being in Land Lot 18 of the 23rd Land District of Stewart County, Georgia, consisting of thirty (30) acres, more or less, and being more particularly described according to a plat of Survey for Stewart County Board of Education, by Langford & Associates, Inc. and dated 11 May 1989, as follows:
Beginning at the concrete monument marking the intersection of the southern right-ofway of Georgia Highway 27 and the East line of Land Lot 18 and running thence North 81 degrees 55 minutes 00 seconds West for 1,251.53 feet along said right-of-way to an iron pin marking the Point of Beginning. From this Point of Beginning run South 02 degrees 31 minutes 27 seconds West 785.65 feet to an iron pin; thence, North 87 de grees 17 minutes 38 seconds West 223.55 feet to an iron pin; thence South 36 degrees 42 minutes 42 seconds West 400.25 feet to an iron pin; thence, North 54 degrees 17 minutes 26 seconds West 314.45 feet to an iron pin; thence, North 89 degrees 17 min utes 17 seconds West 591.98 feet to an iron pin; thence, North 02 degrees 31 minutes 27 seconds East for 1,089.31 feet to an iron pin on the southern right-of-way of Georgia Highway 27; thence, South 81 degrees 55 minutes 00 seconds East 1,309.35 feet along said right-of-way of Georgia Highway 27 to the iron pin marking the Point of Beginning.
The above-described property is bounded on the North by Georgia Highway 27 and on the East, South, and West by property owned by Mrs. Oliver S. Morton, Sr., Oliver S. Morton, Jr., Jeanne Morton, and Franklyn A. Klassi and Joseph A. Hubert as CoTrustees Under the Will of Elizabeth Morton Klassi, deceased, for the benefit of Frank lyn A. Klassi.
The above Described Property is Owned by the Stewart County School District and is the Location of the Stewart County Elementary School.
OLD CHESTNUT STREET CITY LIMITS
The Point of Beginning shall be the present City Limits of the City of Lumpkin located on Old Chestnut Street, which is County Road No. 149. From this Point of Beginning, Run in a Southwesterly direction along said road an even width, including all the right-of-way of said road, for a distance of 2.3 miles. This point shall be the new limits of the City of

2682

JOURNAL OF THE SENATE

Lumpkin on Old Chestnut Street. Also to be annexed into the City of Lumpkin is property owned by the Stewart County School District and abutting, facing and lying on the South side of County Road No. 149, the East boundary of which is 1.8 miles from the present (old) limits of the City of Lumpkin, and runs along the South side of said road a distance of 3168 feet in a westerly direction to County Road 113 and the West line of Land Lot No. 233 of the 20th Land District of Stewart County, Georgia, which is the Point of the new limits of the City of Lumpkin on Old Chestnut Street. The following described property is owned by the Stewart County School District and upon which is located the Stewart-Quitman High School.
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots No. 233 and 248 in the 20th Land District of Stewart County, Georgia, containing 32 acres, more or less, and lying in one body along the West side of said lots of land, and described more particularly as being enclosed within the following lines, to-wit: Beginning at a point in the center of a county road running East and West through lot of land 248 near the South line of said Land Lot and which point is 11.25 chains East of the West line of Land Lot 248; thence run in an easterly direction along the center of said county road (South 89 degrees 30 minutes East) the distance of 5.53 chains; thence southerly (South 18 degrees 30 minutes West) the distance of 27.60 chains into lot of land 233; thence westerly (North 86 degrees 15 minutes West) the distance of 7.85 chains to the West line of Land Lot 233; thence North (North 0 degrees 15 minutes West) along the West line of Land Lot 233 and 248 to the center of the aforementioned county paved road where it intersects the West line of said Land Lot; thence in an easterly direction along the center of said public road for a distance of 11.25 chains to the place or point of beginning. Said parcel of land is presently bounded on the North by the public paved county road known as the Old Lumpkin to Eufaula Highway; on the East and South by lands of Georgia Kraft Com pany; and on the West by the land lot line and beyond that, lands in possession of St. Regis Paper Company. The above-described property is a portion of the lands conveyed by George P. Swift, III to William Henry Williams, Sr. by a Warranty Deed dated January 28,1977, and recorded in the Office of the Clerk of the Stewart County Superior Court, Deed Book 60, Pages 160-162.
ALSO:
All that certain real estate situated and being in the 20th Land District of Stewart County, Georgia, containing 29.5193 acres, more or less, and consisting of the following known lands:
A portion of the Southeast one-quarter of Lot 249 lying South of the center line of Georgia State Road PR-2843, continuing 3.6915 acres, more or less;
And a portion of the Northwest one-quarter of Lot 232, continuing 25.8278 acres, more or less;
And being more particularly described as follows:
For the Point of Beginning commence at a concrete monument located a the Northeast corner of Lot 232 of the 20th Land District of Stewart County, Georgia; run thence South 0 degrees 42 minutes 07 seconds West, along the East line of said Lot 232 a distance of 23.5878 chains to a concrete monument located in the centerline of an old road; run thence along said centerline to a one-half inch iron pipe lying North 87 de grees 06 minutes 24 seconds West a distance of 2.8686 chains from said concrete monu ment; continue thence along said centerline to a concrete monument lying North 81 degrees 44 minutes 54 seconds West a distance of 8.2936 chains from said iron pipe, run thence North 0 degrees 11 minutes 52 seconds West a distance of 24.7003 chains to a concrete monument located in Lot 249 of said 20th Land District at a point on the Southerly line of the 80 foot right-of-way of Georgia State Road PR-2843; continue thence North 0 degrees 11 minutes 52 seconds West a distance of 0.6061 chains to a point in the centerline of said 80 foot right-of-way; run thence North 89 degrees 06 minutes 22 seconds East along said centerline a distance of 11.4900 chains to the point of intersection of said centerline with the East line of said Lot 249; run thence South 0

MONDAY, AUGUST 28, 1995

2683

degrees 42 minutes 07 seconds West along said East line of Lot 249 a distance of 3.2348 chains to the concrete monument and Point of Beginning of the land thus described."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted.
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 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 Cagle 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
Ragan Ralston
Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Burton
Farrow

Johnson of 2nd Kemp

Scott Walker

On the passage of the bill, the yeas were 49, nays 0.
HB 3EX on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed by substitute.

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

Mr. President:

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

SB SEX. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, as amended, so as to change the council district descriptions; to change the terms of office for the mayor and members of the council from concurrent terms to staggered terms; to change the dates of elections for the mayor and the members of the council; to provide for submissions; to provide for effective dates.

2684

JOURNAL OF THE SENATE

SB 6EX. By Senator Day of the 48th:
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.

SPECIAL SESSION SENATE CALENDAR
Monday, August 28, 1995 ELEVENTH LEGISLATIVE DAY

HB 7EX House districts; reapportion (Reappor-19th) Smith-169th

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

HB 7EX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the description of representative districts.
Senator 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:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Isakson 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 were Senators Johnson of 1st and Taylor.

Those not voting were Senators:

Abernathy Brown of 26th

Farrow James

Johnson of 2nd Kemp

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed.

MONDAY, AUGUST 28, 1995

2685

Senator Egan of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 7EX.
The President stated that, as provided in Senate Rule 94, he would set the time to entertain the motion to reconsider for 11:00 A.M. today.
Senator McGuire of the 30th introduced the doctor of the day, Dr. Brenda Fitzgerald of Carrollton, Georgia, who addressed the Senate briefly.
No motion was made to reconsider HB 7EX.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:05 A.M., the President announced the Senate adjourned.

2686

JOURNAL OP THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, August 29, 1995 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order hy 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, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 3EX. By Senators Ray of the 19th, Perdue of the 18th, Blitch of the 7th and others:
A bill to amend Code Section 28-2-2 of the O.C.G.A., relating to apportionment and qualifications for the Senate, so as to provide for the description of senato rial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms.
The following reports of standing committees were read by the Secretary:
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 SEX. Do pass by substitute.
Respectfully submitted, Senator Blitch of the 7th 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:
HB 12EX. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman
The following bill of the House was read the second time: HB8EX
Senator Glanton of the 34th introduced the doctor of the day, Dr. Wells Riley of Jonesboro, Georgia, who addressed the Senate briefly.
Senator Ralston of the 51st moved that Senator Black of the 53rd be excused from the Senate today for health reasons.

TUESDAY, AUGUST 29, 1995

2687

On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Black was excused.

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 Farrow Gillis Glanton

Gochenour 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 Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Black (excused)

Land

Senator Johnson of the 1st 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, Dr. Len Turner of Cal vary Baptist Temple, Savannah, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 24EX. By Senator Hill of the 4th:
A resolution commending Antioch Baptist Church.

SR 25EX. By Senators James of the 35th, Dean of the 31st, Walker of the 22nd and others:
A resolution expressing best wishes for a happy birthday to the Honorable Diane Harvey Johnson.
The following bill was taken up to consider House action thereto:
SB SEX. By Senators Ray of the 19th, Perdue of the 18th, Blitch of the 7th and others:
A bill to amend Code Section 28-2-2 of the O.C.G.A., relating to apportionment and qualifications for the Senate, so as to provide for the description of senato rial districts; to provide for the election of members of the Senate; to provide for the continuation of present senatorial districts until a certain time; to provide for applicability to certain primary and general elections; to define certain terms.

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JOURNAL OF THE SENATE

The House amendment was as follows:
Amend SB SEX by striking lines 17 through 21 on page 2 and inserting in their place the following:
"(0) Whenever Except as otherwise provided in the description of any senatorial district, whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as &liown oil the census maps foi Hie United States decennial census of 1990 for the State of Georgia such boundaries existed on August 1, 1995."

Senator Ray of the 19th moved that the Senate agree to the House amendment to SB SEX.
On the motion, 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 Gillis Glanton

Gochenour 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 Ray Scott Slotin Stokes Tanksley Taylor Thomas
Thompson Turner Tysinger Walker

Those not voting were Senators:

Black (excused) Blitch

Farrow Land

Starr

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB SEX.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Tuesday August 29, 1995 TWELFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 12EX Perdue, 18th PULASKI COUNTY
Amend an Act to provide for the number of members of the County Board of Education of Pulaski County, so as to increase the amount of the per diem al lowed for the members of the board of education from $20.00 to $100.00 and for other purposes.

TUESDAY, AUGUST 29, 1995

2689

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:

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

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

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

Those not voting were Senators:

Black (excused) Blitch

Farrow Land

Oliver Starr

On the passage of the local bill, the yeas were 50, nays 0.
HB 12EX on the Senate Local Consent Calendar, having received the requisite consti tutional majority, was passed.

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

2690

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia
Wednesday, August 30, 1995 Thirteenth 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 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 House and has instructed me to report the same back to the Senate with the following recommendations:

SB 9EX. Do pass.

HB 24EX. Do pass by substitute.

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 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 Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson
Turner Tysinger

Those not answering were Senators:

Abernathy Middleton

Perdue Ray

Starr Walker

WEDNESDAY, AUGUST 30, 1995

2691

The following statement was filed with the Secretary:

August 30, 1995

TO: Frank Eldridge FROM: Senator Guy Middleton
I was in a Democratic Leadership meeting this A.M. at the time of roll call--pressing issues on procedure being worked out. Please excuse.
/s/ Guy Middleton

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, Reverend Robert Crawford of Columbia Drive Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday August 30, 1995 THIRTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 9EX McGuire, 30th CARROLL COUNTY
Amend an Act to provide for the nomination and election of the chief magistrate of Carroll County, approved March 27,1995, so as to provide for the election of the chief magistrate of the Magistrate Court of Carroll County in nonpartisan elections without a prior nonpartisan primary and for other purposes.

*HB 24EX Dean, 31st PAULDING COUNTY
Amend an Act creating a Board of Commissioners of Paulding County so as to change the provisions relating to the appointment and removal of certain county officials and employees and other purposes. (SUBSTITUTE)
The substitute to the following bill was put upon its adoption:
*HB 24EX:
The Committee on State and Local Governmental Operations offered the following sub stitute to HB 24EX:
A BILL
To be entitled an Act to amend an Act creating a Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 6,1981 (Ga. L. 1981, p. 4279), so as to change the provisions relating to the appointment and removal of certain county officials and employees; to repeal conflicting laws; and for other purposes.

2692

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), is amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows:
"SECTION 14.
Appointment of county officials and employees.
(a) Subject to confirmation by a majority vote of the board, the chairperson shall appoint the department heads or chief executive officers, by whatever names designated, of the various departments of Paulding County, except the departments of the elected county officers of the county. Subject to confirmation by the board, the chairperson shall also appoint the county attorney, the secretary of the board, and the comptroller.
(b) If the position of department head, chief executive officer, county attorney, secretary of the board, or comptroller becomes vacant for any reason, the chairperson shall nomi nate, within 30 days of the approved advertised date of the vacancy, a person to fill the vacancy and shall submit such nomination to the members of the board for confirmation. Should a majority of the board fail to confirm the nomination submitted by the chairper son, the chairperson shall submit another nomination within 30 days and shall continue to nominate every 30 days until such vacancy is filled. Any person nominated by the chairperson to fill a vacant position must possess the minimum qualifications for such position established in the job description as approved by a majority of the board for the vacant position.
(c) The head or chief executive officer of any department, the county attorney, the secre tary of the board, and the comptroller shall serve at the pleasure of the board and may be removed from office at any time by a majority vote of the board.
(d) Any person appointed comptroller of Paulding County shall have the qualifications specified in Section 17 of this Act.
(e) The compensation of all department heads or other chief executive officers, the county attorney, the secretary of the board, and the comptroller appointed as provided in this section shall be fixed by a majority vote of the board.
(f) Unless subject to the civil service system of Paulding County, the appointment and removal of other employees of said county, other than the employees of elected county officers, shall be the same as for department heads or chief executive officers, as provided by subsections (a), (b), and (c) of this section; and the compensation of said employee shall be fixed by the board within budgetary limitations.
(g) Unless subject to the civil service system of Paulding County, the elected county of ficers of said county shall have the sole authority to appoint and remove the personnel within their respective offices. The compensation of such personnel shall be subject to approval by a majority vote of the board."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

WEDNESDAY, AUGUST 30, 1995

2693

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 Boshears Bowen
Broun of 46th Brown of 26th Burton Cheeks Clay Dean Farrow Gillis Griffin

Harbison Henson Hill
James Johnson of 2nd Kemp Langford Madden Marable McGuire Middleton Oliver

Pollard Ragan Scott
Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Balfour Black Blitch Cagle
Crotts Day
Edge

Egan Glanton Gochenour Guhl
Hooks Isakson
Johnson of 1st

Land Newbill Perdue Ralston
Ray Tanksley
Tysinger

On the passage of the local bills, the yeas were 35, nays 0.
SB 9EX on the Senate Local Consent Calendar, having received the requisite constitu tional majority, was passed.
HB 24EX, having received the requisite constitutional majority, was passed by substitute.
SPECIAL SESSION SENATE CALENDAR
Wednesday, August 30, 1995 THIRTEENTH LEGISLATIVE DAY

HB SEX Congressional districts; reapportion (Substitutes) (Reappor-18th) Smith-169th
The following general bill was read the third time and put upon its passage:
HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts. Senate Sponsor: Senator Perdue of the 18th.

2694

JOURNAL OF THE SENATE

The Senate Committee on Reapportionment offered the following substitute to HB 8EK:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries gener ally, so as to provide definitions and descriptions for use in designating congressional dis tricts; to provide for the description of congressional districts; to provide for the election of members of Congress; to provide for the continuation of present congressional districts un til a certain time; to make certain provisions relative to certain boards and bodies; to pro vide for continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congres sional district; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, is amended by striking Code Section 21-2-3, relating to definitions and descriptions for use in designating congres sional districts, and inserting in its place the following:
"21-2-3.
For purposes of this article:
(1) The terms 'Tract,' 'Block,' and *VTD' 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
\) Jlll^ Ltil'iil .t reClttCt J.S SyilGiiyillOUS Wltfl tile tfirill vGtulg ^l^CiilCt SIICI ilieaj,li5 a gGgi1LpniCai 3.1"tt<ij 6&laDliSliecl 111 aCCGl'OlllC& Wit11 AlntlCi^ / OI til IS Cilct^Ltil'j Witilill TVlUCIl 3.11 cl^CtfOl'S VOtG Hit Giici polling plclCG.
\<3/ WliciliiVer til6 ueSClM.ptiOH OI lil.y COil^fi'GSSiOilill UlStl iCt !Tlrs tO 3. 11311160. Clty} it S113.1i iiitiflil tllti gtiG^Jl1 ci|Ml1C11 bOUiluai'iiS Oi tilflt* City 15 SllGWll Oil til6 C&QSUS 111 1pS 1O1 Lliti

(4) Jr ictCiiiCb liciiiitiS ciilu ucSIgililtuJiii tollOWiilg VTJJ QfiSigilfltiOilS Hite iilClllucu lui' CGilVGilidiCti Olli^j Hilu ill Llic cVcilL tlitt CleSCl'I^LiOil 01 &iiy Cuil^i'cSSiOilcll uioLl'iCl* CuiiLciiiiS fl COIi~ TliCt Del/ w ccii tliti ^^O^i'ci^lliCcil uuu.ii<J.cll',i^ii 01 Sii^y V J. j 3.1 Id Llic uOU.iiu.cil itJS 01 Lllti lOllOWiil^ iictiiicu ^Ji'cCulCLj L11O ^^O^I'ciplliCcil L*0 UilCiiil'y 01 Lllti V J.U ciS Sliuwii uii Lllti CtiiiSUS lilcipS lOi* tlie Uflitfiu otJlWiS utiCtiiiiii3.1 C6ilSuis OI 1990 lOi* tllb otfllG 01 treOfgiii Sliiill Cuiiti'Ol.
(5X2) Any part of the State of Georgia which is described in subsection (a) of Code Section 21^4 as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congres sional district. Such noncontiguous part shall instead be included within that congres sional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
SECTION 2.
Said article is further amended by striking the description of the 11 congressional districts immediately following the second sentence of subsection (a) of Code Section 21-2-4, relating

WEDNESDAY, AUGUST 30, 1995

2695

to the composition of congressional districts of Georgia, and inserting in its place the de scription of the 11 congressional districts attached to this Act and made a part hereof and further identified as "Operator: senator Client: congress Plan: hbSexsencs."
SECTION 3.
Said article is further amended by striking subsection (c) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the following:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, -1998 1997. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 1994 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 4992 1996 for the purpose of electing the members in 1992 1996 who are to take office in 9991557. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congres sional districts, the provisions of this Code section shall be effective January 1, 1993 1997."
SECTION 4.
Said article is further amended by striking Code Section 21-2-4.1, relating to continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congressional district, and inserting in its place the following:
"21-2-4.1.
Any member of any constitutional or statutory board or body who is in office on January 1, 4998 1997, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional pro vision or statute reside within the same congressional district. In the event any congres sional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the time specified in subparagraph (d)(2)(0) of Code Section 1-3-1 January 1,1997. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a va cancy shall exist. Such vacancy shall be filled as of the time specified in subpaiagraph (d)(2)(C) of Code Gectioii 1-3-1 by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displace ment of a member from a congressional district on the basis of residency, the initial ap pointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as pro vided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body."

2696

JOURNAL OF THE SENATE

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.
Operator: senator___________Client: congress___________Plan: hbSexsencs
District No. 1
APPLING BACON BRANTLEY BRYAN CAMDEN CHARLTON CHATHAM EVANS GLYNN JEFF DAVIS LIBERTY LONG MCINTOSH MONTGOMERY PIERCE TATTNALL TOOMBS TREUTLEN WARE WAYNE WHEELER
District No. 2
BAKER BROOKS CALHOUN CHATTAHOOCHEE CLAY CRAWFORD DECATUR DOUGHERTY EARLY GRADY LANIER LEE LOWNDES MACON MARION MILLER MITCHELL MUSCOGEE
Tract:0001. TractrOOll.
Block: 201, 202, 203, 204, 206, 207, 208, 221 Tract:0012.
Block Group:3

WEDNESDAY, AUGUST 30, 1995

2697

Block Group :4 Tract:0015.
Block Group :4 Tract:0016.
Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A
Tract:0018. Block: 102, 103, 104, 107, 108, 109, 110, 111, 112, 115, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215 Block Group:3 Block Group:4
Tract:0019. Block: 120, 121, 122 Block Group:2
Tract:0020. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029.01 Tract:0029.02 Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0034. Tract:0106.02 Tract:0106.04 Tract:0106.05 Tract:0106.06 Tract:0107.01 Tract:0107.02 Tract:0107.03 Tract:0108. Tract:0109. QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART SUMTER TALBOT TAYLOR TERRELL THOMAS WEBSTER WORTH
District No. 3
CLAYTON Tract:0402. Block: 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933, 999, 999 Tract:0403.01 Tract:0403.02

2698

JOURNAL OF THE SENATE

Tract:0403.03 Tract:0403.04 Tract:0403.05 Tract:0404.01 Tract:0404.02 Tract:0404.03 Tract:0404.05
Block: 101, 102, 103, 104, 105, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129, 199, 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228
Block Group:3 Tract:0404.06 Tract:0405.05
Block Group:6 except that part of Block 601B which lies north of a branch of Camp Creek.
Tract:0405.07 Tract:0405.08 Tract:0406.03 Tract:0406.04 Tract:0406.05 Tract:0406.06 Tract:0406.07 Tract:0406.08 COWETA FAYETTE HARRIS HENRY LAMAR MERIWETHER MUSCOGEE Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0008. Tract:0009. TractrOOlO. Tract:0011.
Block Group:! Block: 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 Block Group:3 Tract:0012. Block Group:! Block Group:2 Tract:0013. Tract:0014. Tract:0015. Block Group:! Block Group:2 Block Group:3 Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group :4

WEDNESDAY, AUGUST 30, 1995

2699

Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B Tract:0018. Block: 101, 105, 106, 113, 114, 201 Tract:0019. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
117, 132 Tract:0021. Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105. Tract:0110. PIKE SPALDING TROUP UPSON
District No. 4
DEKALB Tract:0201. Tract:0202. Tract:0203. Tract:0204. Tract:0206. Block: 101 Tract:0207. Block: 214A Tract:0211. Tract:0212.02 Tract:0212.04 Tract:0212.05 Tract:0212.07 Tract:0212.08 Tract:0212.09 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01 Tract:0213.02 Tract:0213.03 Tract:0213.04 Tract:0214.01 Tract:0214.02 Tract:0214.03 Tract:0214.04 Tract:0215. Tract:0216.01 Tract:0216.02 Tract:0216.03 Tract:0217.02

2700

JOURNAL OF THE SENATE

Tract:0217.03 Tract:0217.04
Block: 201, 202, 203, 204, 205, 206, 207A, 208 Block Group:3 Tract:0218.05 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217,
218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract:0218.06
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138
Block Group:3 Tract:0218.08 Tract:0218.09 Tract:0218.10 Tract:0218.98 Tract:0219.02
Block Group:! Block Group:2 Block Group:3 Tract:0222. Block: 609A, 610A Tract:0223.01 Tract:0223.02 Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 408, 412 Block Group:5 Block Group:6 Block Group:? Tract:0226. Block Group:! Block Group:2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
319, 321, 322 Block Group:4 Block Group:5 Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402 FULTON Tract:0101.03 Block: 801 Tract:0101.06 Tract:0101.07 Tract:0101.08 Tract:0114.08 Block Group:8 Tract:0114.09 Block Group:!

WEDNESDAY, AUGUST 30, 1995

2701

Block Group :4 Block Group :5
Block Group:6 Block Group:7 Tract:0114.10
Block: 199 TractOl 16.02
Block: 703, 709B
Tract:0116.03 Block: 105, 106, 107 Block Group :3 Block Group:8 Block: 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913
GWINNETT
District No. 5
CLAYTON Tract:0401. Tract:0402. Block Group:! Block Group:2 Block: 919, 920 Tract:0404.05 Block: 106, 107, 108, 206, 207, 227 Tract:0405.03 Tract:0405.04 Tract:0405.05 Block Group :2 Block Group:3 Block Group:4 Block Group:5 That part of Block 601B which lies north of a branch of Camp Creek. Tract:0405.06
COBB Tract:0303.21 Block: 404A, 406A, 407, 408A, 409, 410, 411
Tract:0310.01 Block: 910C, 910D, 910E, 910L, 925A, 925B, 926
Tract:0311.01 Block Group:2 Block: 301, 304, 305, 306, 307, 308, 309, 310
Tract:0311.03 Tract:0311.05
Block: 139A, 139B, 139C, 199, 199, 609A Tract:0311.07
Block Group:2 Block: 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 306E, 307A, 307B, 308,
309A, 309B, 310, 311, 312, 313, 314, 315A, 316, 317A, 317B, 317C, 318A, 318B, 318C, 319, 320, 321A, 321B, 322, 323A, 323B, 324, 325, 326, 327, 328, 329, 330,
399, 399, 416A, 418A Tract:0311.08
Block Group:! Block Group:2 Block: 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A,
321B, 322, 399 Block Group :4 Tract:0311.09

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Tract:0312.02 Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321, 322, 323, 324A, 324B, 325A, 325B, 326, 327, 328, 329, 330, 331A, 331B, 335, 338, 341, 399A, 399B Block Group:4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527, 601A, 601B, 601C, 602, 603A, 603B, 604, 605A, 605B, 605C, 606, 607A, 607B, 608A, 608B, 608C, 608D, 609A, 609B, 610A, 611B, 612A, 612B, 612C, 613A, 613B, 613C, 613D, 613E, 613F, 650, 699
Tract:0312.03 Block: 101A, 101B, 107A, 108, 110A, 516A, 517, 518, 519, 520, 521A
Tract:0312.04 Block: 501A, 501B, 502, 503,504A, 504B, 504C, 504D, 505, 506A, 506B, 507A, 507B, 508, 513, 514, 515, 516A, 516B, 516C, 516D, 517, 518A, 518B, 519A, 519B, 519C, 520, 521, 528, 529, 530A, 530B, 531A, 531B, 532
Tract:0313.01 Block: 101B, 155B, 155C, 156, 901A, 905A, 905B
Tract:0313.02 Block Group:! Block Group:2 Block: 301, 302, 303, 306, 308, 312, 313, 319, 320, 321, 322, 323, 324 Block Group :4 Block Group:5 Block Group:9
Tract:0313.04 Block: 451, 454, 455
Tract:0313.05 FULTON
Tract:0001. Tract:0002. Tract:0004. Tract:0005. Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0035.
Block: 107, 114, 119,122, 123,124,125,127,128, 129,130, 131A, 132,133, 134,135, 136, 137, 138, 139, 140, 141, 142
Block Group :2 Tract:0036. Tract:0037. Tract:0038.

WEDNESDAY, AUGUST 30, 1995

2703

Tract:0039. Tract:0040. Tract:0041. Tract:0042.95 Tract:0043. Tract:0044. Tract:0046.95 Tract:0049.95
Block Group:! Block Group:2 Block: 301, 302, 303, 304 Tract:0053. Block: 401 Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057. Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0063. Tract:0065. Tract:0066.01 Tract:0066.02 Tract:0067. Tract:0068.02 Tract:0070. Tract:0071. Tract:0072. Tract:0073. Tract:0074. Tract:0075. Tract:0076.01 Tract:0076.02 Tract:0077.01 Tract:0077.02 Tract:0078.02 Tract:0078.03 Tract:0078.04 Tract:0079. Tract:0080. Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02 Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088. Tract:0089.

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JOURNAL OF THE SENATE

Traet:0090. Tract:0091. Tract:0092. Tract:0093. Tract:0094.01 Tract:0094.02 Tract:0095. Tract:0096. Tract:0097. Tract:0098. Tract:0099. Tract:0100. Tract:0101.01 Tract:0101.03
Block Group:! Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block Group:? Block: 802, 803, 805, 806, 807, 808, 809, 810, 811, 812, 815, 816, 817, 818, 819, 820,
821, 822 Tract:0102.01 Tract:0102.03
Block Group:! Block Group:2 Block: 305, 306, 307 Tract:0102.04 Tract:0102.05 Tract:0103.01 Tract:0103.02 Tract:0104. Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109. Tract:0110. Tract:0111. Tract:0112.01 Tract:0112.02 Tract:0113.01 Tract:0113.02
District No. 6
CHEROKEE Tract:0907. Block: 511 Tract:0908. Block: 123, 124, 125, 126, 127, 128, 199A Block Group:2 Block Group:3

WEDNESDAY, AUGUST 30, 1995

2705

Block Group:4
Block Group:5 Block: 601, 602, 603, 604, 610, 611, 701, 799
Tract:0909.01 Tract:0909.02
Tract:0909.03
Tract:0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 199 Block Group:2 Block Group:3
Tract:0910.02
Tract:0910.03 Tract:0911.01
Tract:0911.03 Tract:0911.98 Tract:0912.98 COBB Tract:0301.98
Tract:0302.03 Tract:0302.04 Tract:0302.05 Tract:0302.06 Tract:0302.07 Tract:0303.02
Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12
Tract:0303.13 Tract:0303.14 Tract:0303.15
Tract:0303.16 Tract:0303.17 Tract:0303.18 Tract:0303.19 Tract:0303.20 Tract:0303.21
Block Group:2 Block Group:3 Block: 401, 402A, 402B, 402C, 403A, 403B, 403C, 404B, 405B, 406B, 408B, 412, 413 Block Group:5
Block Group:6 Block Group:9 Tract:0304.01 Tract:0304.02 Tract:0304.04 Tract:0304.05 Tract:0304.06 Tract:0305.01 Tract:0305.02 Tract:0305.03 Tract:0306. Tract:0307.

2706

JOURNAL OF THE SENATE

Tract:0308. Tract:0309.01 Tract:0309.02 Tract:0309.03 Tract:0310.01
Block Group :1 Block Group:2 Block: 901, 902, 903, 904, 905, 906, 907A, 907B, 908A, 908B, 909A, 909B, 910A,
910B, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 911, 912, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 999 Tract:0310.02 Tract:0310.03 Tract:0311.01 Block Group:! Block: 302, 303, 311, 312, 313, 314, 315 Tract:0311.05 Block: 101,102, 103,104, 105A, 105B, 106, 107A, 107B, 108, 109, 110, 111, 112,113, 114,115, 116A, 116B, 116C, 116D, 116E, 116F, 116G, 117, 118, 119,120,121,122, 123, 124A, 124B, 125, 126A, 126B, 126C, 127, 128A, 128B, 129, 130A, 130B, 130C, 131, 132, 134, 135A, 135B, 135C, 136A, 136B, 136C, 137A, 137B, 138, 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 627, 699, 699 Tract:0311.06 Tract:0311.07 Block: 315B, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409B, 409C, 409D, 410, 411, 412, 413, 414, 415, 416B, 417, 418B, 419, 420, 421A, 421B, 422, 499 Tract:0311.08 Block: 301, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310A, 310B, 311, 319 Tract:0312.02 Block: 301, 302, 303, 305, 309, 310, 399C, 528, 529, 530, 610B, 611A Tract:0312.03 Block: 102, 103, 104, 105, 106, 107B, 107C, 109, HOB, 111, 112, 113, 114, 115, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516B, 521B, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 599A, 599B Tract:0312.04 Block Group:2 Block: 509, 510, 511, 512, 522, 523, 524, 525, 526, 527 Tract:0313.01 Block: 101A, 102,103, 104,105,106,107,108,109,110, 111, 112, 113,114,115,116, 117, 118, 119, 155A Block Group:2 Block Group:3 Block Group:4 Block: 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913, 999 Tract:0313.02 Block: 304, 305, 307, 309, 310, 311, 314, 315, 317, 318 Tract:0313.04 Block Group:! Block Group:3 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 453, 499A, 499B Block Group:5 Tract:0314.03

WEDNESDAY, AUGUST 30, 1995

2707

Tract:0314.04 Tract:0314.98 Tract:0315.01 Tract:0315.02 Tract:0316.97 Tract:0316.98 DOUGLAS Tract:0801.98 Tract:0802. Tract:0803.
Block: 101, 110 Block Group:3 Block: 401A, 401B, 402A, 402B, 403, 499, 499 Block Group:5 Block Group:6 Block Group:7 Tract:0805.03 Block Group:7 Tract:0806.01 Tract:0806.02 Tract:0807.97 Tract:0807.98 Block: 212B FULTON Tract:0101.03 Block: 804, 813, 814 Tract:0101.05 Tract:0102.03 Block: 301, 302, 303, 304, 399, 399 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:! Block Group :2 Block Group:3 Block Group:4 Block Group:5 Block Group :6 Tract:0114.09 Block Group:2 Block Group:3 Tract:0114.10 Block: 101, 102 Block Group:2 Block Group :5 Tract:0114.11 Tract:0115.

2708

JOURNAL OF THE SENATE

Tract:0116.01 Tract:0116.02
Block Group:3 Block Group:4 Block Group:5 Block Group :6 Block: 701, 702, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A, 708B,
708C, 709A, 709C, 709D, 710 Block Group:9 Tract:0116.03 Block: 101, 102, 103, 104 Block Group:2 Block: 902,903
District No. 7
BARTOW CARROLL CATOOSA CHATTOOGA DADE DOUGLAS
Tract:0803. Block: 102A, 102B, 102C, 103A, 103B, 103C Block Group:2 Block: 404A, 404B, 404C, 405A, 405B, 405C, 411, 412
Tract:0804. Tract:0805.01 Tract:0805.03
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:8 Tract:0805.04 Tract:0807.98 Block: 216B, 217B, 218B, 219, 220, 221C, 222C, 299C Block Group :4 FLOYD HARALSON HEARD MURRAY PAULDING POLK WALKER WHITFIELD
District No. 8
ATKINSON BEN HILL BERRIEN BIBB BLECKLEY CLINCH COFFEE COLQUITT

WEDNESDAY, AUGUST 30, 1995

2709

COOK CRISP DODGE DOOLY ECHOLS HOUSTON IRWIN JONES LAURENS PEACH PULASKI TELFAIR TIFT TURNER TWIGGS WILCOX
District No. 9
BANKS BARROW CHEROKEE
Tract:0901. Tract:0902. Tract:0903. Tract:0904. Tract:0905. Tract:0906. Tract:0907.
Block Group:! Block Group:2
Block Group:3 Block Group:4
Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 599A, 599B
Block Group:6 Tract:0908.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 199B, 605, 606, 607, 608, 609, 702, 703, 704, 705
Tract:0910.01
Block: 199 CLARKE DAWSON FANNIN FORSYTH FRANKLIN GILMER GORDON HABERSHAM HALL HART JACKSON LUMPKIN MADISON PICKENS RABUN STEPHENS TOWNS

2710

JOURNAL OF THE SENATE

UNION WHITE
District No. 10
BULLOCH BURKE CANDLER COLUMBIA EFFINGHAM ELBERT EMANUEL GLASCOCK JEFFERSON JENKINS JOHNSON LINCOLN MCDUFFIE MORGAN OCONEE OGLETHORPE RICHMOND SCREVEN WALTON WASHINGTON WILKES WILKINSON
District No. 11
BALDWIN BUTTS DEKALB
Tract:0205. Tract:0206.
Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201, 202,203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215,216 Tract:0208. Tract:0209. Tract:0217.04 Block: 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Block Group:9 Tract:0218.05 Block: 210, 229 Block Group:4 Tract:0218.06 Block: 137, 139, 199 Tract:0219.02 Block Group:4 Tract:0219.03 Tract:0219.04 Tract:0219.05 Tract:0220.01 Tract:0220.02 Tract:0220.04

WEDNESDAY, AUGUST 30, 1995

2711

Tract:0220.05
Tract:0221.
Tract:0222.
Block Group:!
Block Group:2 Block Group:3 Block Group:4
Block Group:5
Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614 Tract:0223.02
Block: 310 Tract:0225.
Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411 Tract:0226.
Block: 304B Tract:0227.
Tract:0228.
Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Tract:0230.
Tract:0231.01 Tract:0231.02 Tract:0231.03 Tract:0231.05 Tract:0231.06 Tract:0232.03 Tract:0232.04 Tract:0232.05 Tract:0232.06 Tract:0232.07
Tract:0233.02 Tract:0233.03
Tract:0233.05
Tract:0233.06 Tract:0233.07 Tract:0233.08 Tract:0234.03 Tract:0234.04
Tract:0234.05 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.01 Tract:0235.02
Tract:0235.03 Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03 Tract:0239.98 FULTON
Tract:0016.

2712

JOURNAL OF THE SENATE

Tract:0017. Tract:0018. Tract:0027. Tract:0028. Tract:0029. Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035.
Block: 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 120, 121, 126, 131B
Tract:0048. Tract:0049.95
Block: 305,306 Block Group:4 Block Group:5 Block Group:6 Tract:0050. Tract:0052. Tract:0053. Block Group:! Block Group:2 Block Group:3 Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411
Block Group:5 Tract:0064. Tract:0068.01 Tract:0069. GREENE HANCOCK JASPER MONROE NEWTON PUTNAM ROCKDALE TALIAFERRO WARREN

WEDNESDAY, AUGUST 30, 1995

2713

CLIENT : CONGRESS

OPERATOR : senator DATE: August 28, 1995

PLAN

: HB8EXSENCS

TIME: 2:42 PM

COMMENTS:

(NOTE: VAP = Voting Age Population)

District Number
1 2 3 4 5 6 7 8 9 10 11

Total Pop % Deviation
589265 0.06
594223 0.90
587710 -0.21
587151 -0.30
586923 -0.34
588397 -0.09
585330 -0.61
592110 0.54
591900 0.50
588911 -0.00
586288 -0.45

Black Pop % of Total
176596 29.97
263532 44.35
113090 19.24 41915 7.14
330333 56.28 39688 6.75 47271 8.08
190201 32.12 52963 8.95
194314 33.00
296662 50.60

VAP % of Total
425753 72.25
420483 70.76
425340 72.37
445775 75.92
445430 75.89
436645 74.21
429804 73.43
426102 71.96
446370 75.41
423232 71.87
425971 72.66

Black VAP % of VAP
116366 27.33
169988 40.43 74235 17.45 30665 6.88
229515 51.53 27405 6.28 32072 7.46
123002 28.87 35963 8.06
127439 30.11
201492 47.30

Totals

6478208

1746565

4750905

1168142

Number of Districts Members Per District Ideal District Size Average Deviation (%) Deviation Range (%) Overall Deviation (%)

11 1 588929 0.36 -0.61 to 0.90 1.51

( DATA SOURCE: 1990 US Census PL94-171 Population Counts

(

NOTE: Districts numbered > 200 are used as special accumulators.

(

: They are not included in avg or % range calculations.

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:

Blitch Dean Hooks Langford

Madden Marable Middleton Oliver

Perdue Pollard Ray Starr

Those voting in the negative were Senators:

Abernathy Balfour Black

Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle

2714

JOURNAL OF THE SENATE

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

Harbison Henson Hill Isakson James Johnson of 2nd Johnson of 1st Kemp Land McGuire Newbill Ragan

Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

On the adoption of the substitute, the yeas were 12, nays 44, and the committee substi tute was lost.

Senator Taylor of the 12th offered the following substitute to HB SEX:

A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries gener ally, so as to provide definitions and descriptions for use in designating congressional dis tricts; to provide for the description of congressional districts; to provide for the election of members of Congress; to provide for the continuation of present congressional districts un til a certain time; to make certain provisions relative to certain boards and bodies; to pro vide for continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congres sional district; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, is amended by striking Code Section 21-2-3, relating to definitions and descriptions for use in designating congres sional districts, and inserting in its place the following:
"21-2-3.
For purposes of this article:
(1) The terms Tract,' 'Block,' and "VTB2 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) Tim term 'Precinct' is synonymous with the term 'voting precinct' and means a geo-
gi'&pinC&i iii'cct, cStciuliblit^u in (iCCOi'u.ctiiCc Witll Al't.IClc i 01 tlliS Cllilptfer, Wrt-liiil WlllCtl Hll 6ltjCLuiL i5 VuLt; <iL uilti ^julliii^ jjJiiCti.
\ d ) W 116110V61" tfl u.GSCI*i^/CiOH. 01 LJQ.y 001igI tiSSlOi13.1 illST/111Ct Tel6i S tO 3. ilCLil'ifett City IT Sllclli 1116 & 11 tllG ^fcO^^SpiiiCSi DOU.iiuH"ittS OI tllciL City ciS SliOWii Oil Llic CcilSliS^Hl&pS TO1
the United States decennial cen&us of 1990 for the State of Georgia.
\*xj i 1'tiCHlCt licliiitiS cillCl uti&i^iiclCiOllS IOllOWiil V XJ-J utiSi^iicttiOiiS ciic iilClUCi^d lOi' COi'i~ Oii^l'ciSSiOiictl (IltiLiiCL COIltfl.J-i.lfr &
OU.iiu.&i'itiS OI Uiy V I JJ 3.iiu OT Tn6 V iU <

WEDNESDAY, AUGUST 30, 1995

2715

Any part of the State of Georgia which is described in subsection (a) of Code Section 21-2-4 as being included in a particular congressional district shall neverthe less not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
SECTION 2.
Said article is further amended by striking the description of the 11 congressional districts immediately following the second sentence of subsection (a) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the de scription of the 11 congressional districts attached to this Act and made a part hereof and further identified as "Operator: senator Client: taylor Plan: hbSexfs."
SECTION 3.
Said article is further amended by striking subsection (c) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the following:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 999 1997. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in i990 1994 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 1996 for the purpose of electing the members in -1992 1996 who are to take office in -19991357. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congres sional districts, the provisions of this Code section shall be effective January 1, 1993 1997."
SECTION 4.
Said article is further amended by striking Code Section 21-2-4.1, relating to continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congressional district, and inserting in its place the following:
"21-2-4.1.
Any member of any constitutional or statutory board or body who is in office on January 1, 1999 1997, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional pro vision or statute reside within the same congressional district. In the event any congres sional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the time specified in subparagraph (d)(2)(C) of Code Section 1-0-1 January 1,1997. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a va cancy shall exist. Such vacancy shall be filled as of the time specified in subparagraph (d)(2)(G) of Code Section 1-0-1 by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient

2716

JOURNAL OF THE SENATE

representation. In the case of an appointment to fill a vacancy created by the displace ment of a member from a congressional district on the basis of residency, the initial ap pointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as pro vided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body."
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.
Operator: senator____________Client: taylor____________Plan: hbSexfs
District No. 1
APPLING BACON BRANTLEY BRYAN BULLOCH CAMDEN CHATHAM EFFINGHAM EVANS GLYNN LIBERTY LONG MCINTOSH MONTGOMERY PIERCE TATTNALL TOOMBS WAYNE
District No. 2
BAKER BROOKS CALHOUN CHATTAHOOCHEE CLAY CRAWFORD CRISP DECATUR DOOLY DOUGHERTY EARLY GRADY LEE LOWNDES MACON MARION MILLER MITCHELL

WEDNESDAY, AUGUST 30, 1995

2717

PEACH QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART SUMTER TAYLOR TERRELL THOMAS TIFT TURNER WEBSTER WILCOX WORTH
District No. 3
BUTTS COWETA FAYETTE HARRIS HENRY LAMAR MERIWETHER MONROE MUSCOGEE PIKE SPALDING TALBOT TROUP UPSON
District No. 4
BARROW DEKALB
Tract:0211. Tract:0212.02 Tract:0212.05 Tract:0212.07 Tract:0212.08
Block: 101,102,103,104,105,106,107, 108, 109, 110, 111, 112,113,114, 115B, 116, 201B, 202, 203, 204, 205, 206B, 207, 208B, 209B, 211B, 213B, 214B, 301, 302B, 303B
Tract:0212.09 Block: 301B, 302, 303, 405B, 406B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 499, 499
Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01
Block: 101B, 102, 103, 104, 105B, 106, 123, 124 Tract:0213.04
Block: 101C, 105C, 106B, 114,115,117B, 117C, 228B, 229, 230, 232, 233B, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C, 399, 399, 399, 399
Tract:0216.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 119, 199
Tract:0217.02

2718

JOURNAL OF THE SENATE

Tract:0218.05 Block: 201, 202, 203, 205, 206, 207, 208, 209
Tract:0218.06 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138 Block Group:3
Tract:0218.08 Tract:0218.09 Tract:0218.98 Tract:0219.02
Block Group:! Block Group:2 Block Group:3 FULTON Tract:0114.08 Block: 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Block Group:8 Tract:0114.09 Block Group:! Block Group:4 Tract:0115. Block Group:3 Block: 401, 402, 403, 404, 501 Block Group:9 Tract:0116.01 Block: 101E, 101F, 101G, 101H, 102B, 103B, 104B, 105B Block Group:2 Block: 301, 302A, 302B, 302C, 303A, 303B, 305A, 305B, 305C, 305D, 306 307, 308,
309, 310, 311, 399, 401, 402, 403E, 404B, 405C Block: 405D, 406, 408B, 408D, 499, 499, 501, 502, 503A, 503B, 504, 504B, 504C,
504D, 504E, 504F Block Group:? Tract:0116.02 Block Group:3 Block Group:4 Block Group:5 Block Group :6 Block: 701, 702, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A,
709A, 709B, 710 Block Group:9 Tract:0116.03 GWINNETT ROCKDALE WALTON
District No. 5
COBB Tract:0313.02 Block: 110, 111, 112, 113, 114, 115, 116, 117, 118, 199A, 201 Block Group:9 Tract:0313.04 Block: 451,454,455 Tract:0313.05
DEKALB Tract:0212.04 Tract:0212.08

WEDNESDAY, AUGUST 30, 1995

2719

Block: 115A, 201A, 206A, 208A, 209A, 210, 211A, 212, 213A, 214A, 302A, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316, 317, 318
Tract:0212.09 Block: 301A, 401, 402, 403, 404, 405A, 406A, 407, 414, 415, 416, 417, 418, 419, 420, 421, 422
Tract:0213.01 Block: 101A, 105A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125
Tract:0213.02 Tract:0213.03 Tract:0213.04
Block: 101A, 101B, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 117A, 120, 122, 201, 202, 203, 204, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B
Tract:0214.01 Tract:0214.02 Tract:0214.03 Tract:0214.04 Tract:0215.
Block: 229 Tract:0216.01
Block: 112, 116, 117, 118, 120 Block Group:2 Block Group:3 Block Group:4 Tract:0216.03 Block: 101, 102, 103, 104, 105, 110, 111, 112 Block Group:9 Tract:0217.03 Tract:0217.04
Block Group:2 Block: 301, 304, 305, 306, 307, 313, 314, 316, 317, 318, 319 Block: 320, 321, 322 Block Group:9 Tract:0218.05 Block: 204, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Block Group :4 Tract:0218.06 Block: 137, 139, 199 Tract:0218.10 Tract:0219.02 Block: 401A, 402, 403, 404, 405, 406, 409A Tract:0219.04 Block: 101, 102, 103, 201, 401A Block Group:5 Tract:0220.01 Block Group:! Block: 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 421,
422, 423, 425 Tract:0220.04
Block: 101B, 101C, 201, 202A FULTON
Tract:0001. Block Group:! Block Group:2

2720

JOURNAL OF THE SENATE

Block Group:3 Block: 401 Tract:0002. Block Group:! Block: 202, 203, 204, 205 Tract:0005. Block Group:! Block: 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218,
219 Block Group:3 Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 Block Group:5 Block Group:6 Block Group:? Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029. Tract:0031. Tract:0032. Tract:0033. Tract:0035. Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0040. Tract:0041. Tract:0042.95 Tract:0043. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95 Tract:0050. Tract:0052. Tract:0053. Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057. Tract:0058. Tract:0060. Tract:0061.

WEDNESDAY, AUGUST 30, 1995

2721

Tract:0062. Tract:0063.
Tract:0064. Tract:0065.
Tract:0066.01
Tract:0066.02 Tract:0067. Tract:0068.01
Tract:0068.02 Tract:0069. Tract:0070. Tract:0071. Tract:0072. Tract:0073. Tract:0074. Tract:0075. Tract:0076.01 Tract:0076.02 Tract:0077.01 Tract:0077.02 Tract:0078.02 Tract:0078.03 Tract:0078.04 Tract:0079. Tract:0080. Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02 Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088.
Tract:0089. Tract:0090. Tract:0091. Tract:0092. Tract:0093. Tract:0094.01
Tract:0094.02 Tract:0095. Tract:0096. Tract:0097. Tract:0098. Tract:0099. Tract:0100. Tract:0101.01 Tract:0101.03 Tract:0101.05 Tract:0101.06 Tract:0101.07

2722
Block Group:! Block Group :4 Block Group :5 Tract:0102.01 Tract:0102.04 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:? Block Group :8 Tract:0102.05 Block Group:4 Block Group:5 Block Group:? Tract:0103.01 Tract:0103.02 Tract:0104. Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109. Tract:0110. Tract:0111. Tract:0112.01 Tract:0112.02 Tract:0113.01 Tract:0113.02
District No. 6
CHEROKEE COBB
Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05 Tract:0302.06 Tract:0302.07 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13 Tract:0303.14 Tract:0303.15 Tract:0303.16 Tract:0303.17 Tract:0303.18 Tract:0303.19 Tract:0303.20

JOURNAL OF THE SENATE

WEDNESDAY, AUGUST 30, 1995

2723

Tract:0303.21 Tract:0304.01 Tract:0304.02 Tract:0304.04 Tract:0304.05 Tract:0304.06 Tract:0305.01 Tract:0305.02 Tract:0305.03 Tract:0306. Tract:0307. Tract:0308. Tract:0309.01 Tract:0309.02
Block Group:! Block: 201, 202A, 202B, 203A, 203B, 204, 205, 206A, 206B, 206C, 207A, Block: 207B, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307 Block Group :4 Block Group:5 Block Group:6 Block Group:? Tract:0309.03 Block Group:! Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Tract:0310.01 Block Group:9 Tract:0310.02 Block: 101, 102, 209A, 209B, 210A, 210B, 210C, 211, 212, 213A, 213B, 213C, 213D,
223, 224A, 224B, 224C, 225A, 225B, 226, 227, 228 Tract:0311.01
Block: 202, 204, 205, 206, 207, 208, 209 Tract:0311.03
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block: 502, 503, 504, 505, 507, 508, 516, 517, 524, 525 Tract:0311.07 Block: 205B, 205F, 303, 304, 305, 317A, 317C, 318B, 321B, 322, 324, 326, 399, 399 Tract:0311.08 Block Group:! Block Group:2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313B, 313C, 314A,
314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399 Block Group:4 Tract:0311.09 Tract:0312.02 Block Group:3 Block Group :4 Block Group:5

2724

JOURNAL OF THE SENATE

Block: 601A, 601C, 602, 603A, 603B, 604, 605A, 605B, 605C, 606, 607A, 607B, 608A 608B, 608C, 608D, 609A, 609B, 610A, 611B, 612A, 612B, 612C, 613A, 613B, 613C, 613D, 613E, 613F, 650, 699
Tract:0312.03 Tract:0312.04 Tract:0313.01
Block: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 155B, 155C, 156, 901A, 905A, 905B
Tract:0313.02 Block: 101,102, 103,104,105,106,107, 108,109,199B, 202, 203, 204,205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224 Block Group:3 Block Group:4 Block Group:5
Tract:0313.04 Block Group:! Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 314, 318, 328, 330, 331, 332, 333, 399, 416, 417, 418, 419,420,421B, 422, 424, 425, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 453, 499B
Tract:0316.98 DOUGLAS FULTON
Tract:0101.07 Block Group :2 Block Group:3
Tract:0101.08 Tract:0102.03 Tract:0102.04
Block Group:! Block Group:2 Tract:0102.05 Block Group:2 Block Group:3 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:! Block: 201B, 201C, 203B, 203C, 203D, 204, 205, 206A, 206B, 207, 208A, 208B, 299 Block Group:3 Block Group:4 Block: 501D, 502, 601B, 602B, 602C, 603, 604, 605, 606, 607, 608, 699 Tract:0114.09 Block Group:2 Block Group:3 Block Group:5 Block Group:6 Block Group:7 Tract:0114.10 Tract:0114.11 Tract:0115. Block: 405, 406, 407, 408, 409A, 409B, 409C, 410, 411A, 411B, 411C, 411D, 411E,
411F, 411G, 411H, 412A, 412B, 413, 414, 415, 416, 417, 420, 421, 499, 502, 503A,

WEDNESDAY, AUGUST 30, 1995

2725

503B, 503C, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 515C, 516A, 516B, 516C, 516D, 517, 518, 599A, 599B, 599C Block Group:6 Block Group:7 Tract:0116.01 Block: 101A, 101B, 101C, 101D, 102A, 103A, 104A, 105A, 106, 107, 108A, 108B, 108C, 108D, 108E, 108F, 108G, 109A, 109B, 110A, HOB, HOC, HOD, HOE, HOP, HOG, 110H, 110J, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,123, 124, 304A, 304B, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 408C, 408E, 409, 410, 505A, 505B, 506 Block Group:6 Tract:0116.02 Block: 708B, 708C, 709C, 709D
District No. 7
BARTOW CARROLL CATOOSA CHATTOOGA COBB
Tract:0309.02 Block: 208, 301, 302
Tract:0309.03 Block Group:7 Block Group:8
Tract:0310.01 Block Group:! Block Group:2
Tract:0310.02 Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120A, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 214, 215, 216, 217, 218, 219, 220, 221, 222
Tract:0310.03 Tract:0311.01
Block Group:! Block: 201, 203, 210, 211, 212, 213, 214 Block Group:3 Tract:0311.03 Block: 501, 506, 509, 510, 511, 512, 513, 514, 515, 518, 519, 520, 521, 522, 523 Tract:0311.05 Tract:0311.06 Tract:0311.07 Block: 201A, 201B, 202A, 202B, 203A, 203B, 203C, 203D, 203E, 203F, 203G, 203H,
203J, 204A, 204B, 204C, 205A, 205C, 205D, 205E, 206A, 206B, 207A, 207B, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 226A, 226B, 227, 228,229, 231, 232, 233, 234, 299A, 299B, 299C, 301, 302, 306A, 306B, 306C, 306D, 306E, 307A, 307B, 308, 309A, 309B, 310, 311, 312, 313, 314, 315A, 315B, 316, 317B, 318A, 318C, 319, 320, 321A, 323A, 323B, 325, 327, 328, 329, 330 Block Group:4 Tract:0311.08 Block: 303A, 304, 308, 310A, 319 Tract:0312.02 Block: 601B, 610B, 611A Tract:0313.01 Block: 155A Block Group:2 Block Group:3

2726

JOURNAL OF THE SENATE

Block Group :4
Block: 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913, 999 Tract:0313.04
Block: 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 421A, 423, 426, 499A
Block Group:5 Tract:0314.03 Tract:0314.04 Tract:0314.98 Tract:0315.01 Tract:0315.02 Tract:0316.97 DADE FLOYD GORDON HARALSON HEARD PAULDING POLK WALKER
District No. 8
ATKINSON BEN HILL BERRIEN BIBB BLECKLEY CANDLER CHARLTON CLINCH COFFEE COLQUITT COOK DODGE ECHOLS EMANUEL HOUSTON IRWIN JEFF DAVIS JOHNSON LANIER LAURENS PULASKI TELFAIR TREUTLEN TWIGGS WARE WHEELER WILKINSON
District No. 9
BANKS CLARKE DAWSON FANNIN FORSYTH FRANKLIN

WEDNESDAY, AUGUST 30, 1995

2727

GILMER HABERSHAM HALL HART JACKSON LUMPKIN MADISON MURRAY PICKENS RABUN STEPHENS TOWNS UNION WHITE WHITFIELD
District No. 10
BALDWIN BURKE COLUMBIA ELBERT GLASCOCK GREENE HANCOCK JASPER JEFFERSON JENKINS JONES LINCOLN MCDUFFIE MORGAN NEWTON OCONEE OGLETHORPE PUTNAM RICHMOND SCREVEN TALIAFERRO WARREN WASHINGTON WILKES
District No. 11
CLAYTON DEKALB
Tract:0201.
Tract:0202.
Tract:0203.
Tract:0204. Tract:0205.
Tract:0206.
Tract:0207.
Tract:0208.
Tract:0209.
Tract:0215. Block Group:!

2728

JOURNAL OF THE SENATE

Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241
Tract:0216.02 Tract:0216.03
Block: 106, 107, 108, 109 Tract:0217.04
Block: 302, 303, 308, 309, 310, 311, 312, 315 Tract:0219.02
Block: 401B, 407, 408, 409B, 410, 411, 412, 413 Tract:0219.03 Tract:0219.04
Block: 104, 105, 106, 107, 199, 202, 203, 204, 205 Block Group:3 Block: 40 IB, 402, 403 Tract:0219.05 Tract:0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract:0220.02 Tract:0220.04 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
202B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 299 Tract:0220.05 Tract:0221. Tract:0222. Tract:0223.01 Tract:0223.02 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Tract:0226. Tract:0227. Tract:0228. Tract:0229. Tract:0230. Tract:0231.01 Tract:0231.02 Tract:0231.03 Tract:0231.05 Tract:0231.06 Tract:0232.03 Tract:0232.04 Tract:0232.05 Tract:0232.06 Tract:0232.07 Tract:0233.02 Tract:0233.03 Tract:0233.05 Tract:0233.06 Tract:0233.07 Tract:0233.08 Tract:0234.03 Tract:0234.04 Tract:0234.05

WEDNESDAY, AUGUST 30, 1995

2729

Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.01 Tract:0235.02 Tract:0235.03 Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03 Tract:0239.98 FULTON Tract:0001.
Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412 Block Group:5 Tract:0002. Block: 201, 206, 207, 208, 209, 210, 211 Block Group:3 Block Group:4 Block Group:5 Tract:0004. Tract:0005. Block: 201, 207 Tract:0010.95 Block Group:! Block Group:2 Block Group:3 Block Group:4 Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015. Tract:0016. Tract:0030.

2730

JOURNAL OF THE SENATE

CLIENT : TAYLOR

PLAN

: HB8EXFS

OPERATOR : senator DATE: August 29, 1995 TIME: 10:12 AM

COMMENTS:

(NOTE: VAP = Voting Age Population)

District Number
1 2 3 4 5 6
8 9 10 11

Total Pop % Deviation
591181 0.38
584571 -0.74
593004 0.69
594041 0.87
592984 0.69
593566 0.79
583291 -0.96
588835 -0.02
583411 -0.94
590128 0.20
583204 -0.97

Black Pop % of Total
174557 29.53
237436 40.62
165520 27.91 41989 7.07
333407 56.23 40801 6.87 51590 8.84
181256 30.78 54047 9.26
209122 35.44
256840 44.04

VAP % of Total
428486 72.48
413351 70.71
429656 72.45
436524 73.48
449300 75.77
440983 74.29
429812 73.69
424087 72.02
440664 75.53
424967 72.01
433083 74.26

Black VAP % of VAP
115195 26.88
151431 36.63
110441 25.70 29514 6.76
231426 51.51 28901 6.55 34642 8.06
117070 27.61 36635 8.31
138831 32.67
174056 40.19

Totals

6478216

1746565

4750913

1168142

Number of Districts
Members Per District Ideal District Size Average Deviation (%) Deviation Range (%) Overall Deviation (%)

11
1 588929
0.66 -0.97 to 0.87
1.84

( DATA SOURCE: 1990 US Census PL94-171 Population Counts

)

(

NOTE: Districts numbered > 200 are used as special accumulators. )

(

They are not included in avg or % range calculations.

)

Senator Walker of the 22nd moved that HB SEX 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 Black Brown of 26th Gochenour Griffin Harbison Henson

James Johnson of 2nd Kemp Langford Madden Middleton

Newbill Scott Starr Stokes Thomas Walker

WEDNESDAY, AUGUST 30, 1995

2731

Those voting in the negative were Senators:

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

Egan Farrow Gillis
Glanton Guhl Hill Hooks Isakson Johnson of 1st Land Marable McGuire

Oliver Perdue Pollard
Ragan Ralston Ray Slotin Tanksley Taylor Thompson Turner Tysinger

On the motion, the yeas were 19, nays 37; the motion lost, and HB SEX was not placed on the Table.

On the adoption of the Taylor substitute, the President ordered & roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Burton Cagle Clay Crotts
Day Edge
Farrow

Gillis Gochenour Guhl Hill Hooks
Isakson Johnson of 1st Kemp Land
Madden McGuire

Newbill Oliver Perdue Pollard Ralston
Ray Slotin Tanksley Taylor
Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Cheeks Dean Egan Glanton

Griffin Harbison Henson James Johnson of 2nd Langford Marable

Middleton Scott Starr Stokes Thomas Turner Walker

Not voting was Senator Ragan.

On the adoption of the substitute, the yeas were 34, nays 21, and the Taylor substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB SEX would be suspended and the bill was placed on the Senate Calendar.
Senator Taylor of the 12th moved that Senate Rule 143 be suspended.

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

Those voting in the affirmative were Senators:

Blitch Bowen

Broun of 46th Cheeks

Dean Farrow

2732

JOURNAL OF THE SENATE

Gillis Henson Hill Hooks Madden

Marable Oliver Perdue Pollard Ragan

Those voting in the negative were Senators:

Abernathy Balfour Black Boshears Brown of 26th Burton Cagle Crotts Day Edge Egan Glanton

Gochenour Griffin Guhl Harbison Isakson James Johnson of 2nd Johnson of 1st Kemp Land Langford

Not voting were Senators Clay and Thompson.

Ray Slotin Taylor Turner
McGuire Middleton Newbill Ralston Scott Starr Stokes Tanksley Thomas Tysinger Walker

On the motion, the yeas were 20, nays 34; the motion lost, and Senate Rule 143 was not suspended.
Senator Taylor of the 12th moved that the Senate reconsider its action in defeating the motion to suspend Senate Rule 143.
On the motion, the yeas were 20, nays 33, and the motion lost.
Senator Burton of the 5th introduced the doctor of the day, Dr. Ken Hoose of Decatur, 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 bills of the House:
HB 29EX. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Dixon of the 150th and others:
A bill to amend an Act creating the Chatham-Savannah Youth Futures Author ity, so as to provide uniform beginning and expiration dates for authority mem bers; to provide for vacancies in membership of ex officio members.

HB 30EX. By Representative Murphy of the 18th:
A bill to create the Tallapoosa Recreation Authority and to authorize such au thority to acquire, construct, equip, maintain, and operate athletic and recrea tional centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swim ming and wading pools, lakes, tennis courts, athletic fields and courts.

WEDNESDAY, AUGUST 30, 1995

2733

HB 31EX. By Representatives Harbin of the 113th, Williams of the 114th, Brush of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, so as to provide for the election of members of the board at nonpartisan general elections without prior nonpartisan prima ries.
The following bills of the House were read the first time and referred to committee:
HB 29EX. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A bill to amend an Act creating the Chatham-Savannah Youth Futures Author ity, so as to provide uniform beginning and expiration dates for authority mem bers; to provide for vacancies in membership of ex officio members.
Referred to Committee on State and Local Governmental Operations.
HB 30EX. By Representative Murphy of the 18th:
A bill to create the Tallapoosa Recreation Authority and to authorize such au thority to acquire, construct, equip, maintain, and operate athletic and recrea tional centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swim ming and wading pools, lakes, tennis courts, athletic fields and courts.
Referred to Committee on State and Local Governmental Operations.
HB 31EX. By Representatives Harbin of the 113th, Williams of the 114th, Brush of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, so as to provide for the election of members of the board at nonpartisan general elections without prior nonpartisan prima ries.
Referred to Committee on State and Local Governmental Operations.
Senator Perdue of the 18th moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 12:18 P.M., the President announced the Senate adjourned.

2734

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, August 31, 1995 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Ray of the 19th 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.

Senator Ray of the 19th moved that Senator Thompson of the 33rd be excused from the morning roll call due to traffic.
On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Thompson was excused.

Senator Edge of the 28th moved that Senator Tysinger of the 41st be excused from the Senate today to attend the funeral of a family member.
On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Tysinger was excused.

Senator Edge of the 28th moved that Senator Johnson of the 1st be excused from the Senate today due to being called out of town on personal business.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Johnson of the 1st was excused.
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 Glanton Gochenour Guhl Henson Hill Hooks Isakson Kemp Land Langford Madden Marable

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

Those not answering were Senators:

Abernathy Gillis Griffin Harbison James

Johnson of 2nd Johnson of 1st (excused)
Scott Stokes

Thomas Thompson (excused) Tysinger (excused) Walker

THURSDAY, AUGUST 31, 1995

2735

The following statement was filed with the Secretary:
August 31 I was present and missed the roll call by 2 seconds. Please enter into the Journal. /s/ Hugh Gillis Senator, 20th
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, Major David Jeffrey of the Salvation Army Headquarters, Atlanta, Georgia, who offered devotional and prayer.
The following resolutions of the Senate were read and adopted:
SR 26EX. By Senator Dean of the 31st: A resolution recognizing and commending the school bus drivers of the Polk County School System.
SR 27EX. By Senator Dean of the 31st: A resolution recognizing and commending the school bus drivers of the Paulding County School System.
SR 28EX. By Senator Dean of the 31st: A resolution recognizing and commending the school bus drivers of the City of Cartersville School System.
SR 29EX. By Senator Dean of the 31st: A resolution recognizing and commending the school bus drivers of the City of Bremen School System.
SR 30EX. By Senator Dean of the 31st: A resolution recognizing and commending the school lunchroom workers of the Haralson County School System.
SR 31EX. By Senator Dean of the 31st: A resolution recognizing and commending the school bus drivers of the Haralson County School System.
SR 32EX. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing and commending the school bus drivers of the Bartow County School System.
SR 33EX. By Senator Dean of the 31st: A resolution recognizing and commending the school lunchroom workers of the Polk County School System.
SR 34EX. By Senator Dean of the 31st: A resolution recognizing and commending the school lunchroom workers of the City of Cartersville School System.

2736

JOURNAL OF THE SENATE

SR 35EX. By Senator Dean of the 31st:
A resolution recognizing and commending the school lunchroom workers of the City of Bremen School System.

SR 36EX. By Senator Dean of the 31st:
A resolution recognizing and commending the school lunchroom workers of the Paulding County School System.

SR 37EX. By Senators Dean of the 31st and Marable of the 52nd:
A resolution recognizing and commending the school lunchroom workers of the Bartow County School System.
SPECIAL SESSION SENATE CALENDAR Thursday, August 31, 1995 FOURTEENTH LEGISLATIVE DAY

HB SEX Congressional districts; reapportion (Substitute) (Reappor-18th) Smith-169th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on August 30, 1995.)

The following general bill, having been read the third time and final action suspended on August 30, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
Senate Sponsor: Senator Perdue of the 18th.

The substitute offered by Senator Taylor of the 12th on August 30, as it appears in the Journal of August 30, was automatically reconsidered.

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

Those voting in the affirmative were Senators:

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

Gillis Gochenour Guhl Hill Hooks Isakson Kemp Land Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner

THURSDAY, AUGUST 31, 1995

2737

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Egan Glanton

Griffin Harbison Henson James Langford

Those not voting were Senators:

Day Johnson of 2nd

Johnson of 1st (excused)

Newbill Scott Stokes Thomas Walker
Tysingei

On the adoption of the substitute, the yeas were 37, nays 15, 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 Burton Cagle Clay Crotts Dean Edge Farrow Gillis

Gochenour Guhl Hill Hooks Isakson Kemp Land Langford Madden Marable McGuire Middleton Oliver

Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner Walker

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Cheeks Egan

Glanton Griffin Harbison Henson James

Johnson of 2nd Newbill Scott Stokes Thomas

Those not voting were Senators:

Day

Johnson of 1st (excused) Tysinger (excused)

On the passage of the bill, the yeas were 38, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute.
At 9:45 A.M., the President announced that the Senate would stand in recess until 11:30 A.M.
The President called the Senate to order at 11:30 A.M.

2738

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bill of the House:
HB 24EX. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act creating a Board of Commissioners of Paulding County, so as to change the provisions relating to the appointment and removal of cer tain county officials and employees.

The House has disagreed to the Senate substitute to the following bill of the House:
HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.

The following bill was taken up to consider House action thereto:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
Senator Ray of the 19th moved that the Senate insist on its substitute to HB SEX.

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

Those voting in the affirmative were Senators:

Black Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Dean Edge Egan Gillis

Gochenour Guhl Hill Hooks Isakson Land Langford Madden Marable McGuire Middleton Oliver

Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thompson Turner

Those voting in the negative were Senators:

Farrow

Glanton

Newbill

Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th

Clay Day Griffin Harbison

Henson James Johnson of 2nd Johnson of 1st (excused)

THURSDAY, AUGUST 31, 1995

2739

Kemp Scott

Stokes Thomas

Tysinger (excused) Walker

On the motion, the yeas were 35, nays 3; the motion prevailed, and the Senate insisted on its substitute to HB SEX.
The following resolution was read and put upon its adoption:

SR 40EX. By Senators Ray of the 19th, Perdue of the 18th and Scott of the 36th:
A resolution relative to adjournment at 5:00 P.M., Thursday, August 31, 1995, until reconvening on Wednesday, September 6, 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:

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

Glanton Gochenour Griffin Guhl Hill
Hooks Isakson James
Kemp Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Balfour Clay Harbison

Henson Johnson of 2nd Johnson of 1st (excused)

Scott Thomas Tysinger (excused)

On the adoption of the resolution, the yeas were 46, nays 0, and the resolution was adopted.
The following resolutions were read and adopted:
SR 38EX. By Senator Brown of the 26th: A resolution expressing regret at the passing of Jack Scott.

SR 39EX. By Senator Thomas of the 10th:
A resolution recognizing the Morehouse School of Medicine's Master of Public Health Program.

2740

JOURNAL OF THE SENATE

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 SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
The Speaker has appointed on the part of the House, Representatives Smith of the 169th, Perry of the llth and Lucas of the 124th.
The House has agreed to the Senate substitute to the following bill of the House:

HB 3EX. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to deannex and remove certain territory from the corporate limits of the City of Lumpkin.

The House has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 44EX. By Representative Murphy of the 18th: A resolution relative to adjournment.

The following bill was taken up to consider House action thereto:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:

A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.

Senator Perdue of the 18th moved that the Senate adhere to its substitute, and that a Conference Committee be appointed.

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

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Gochenour Griffin Guhl Hill

Hooks Isakson James Kemp Land Langford Madden Marable McGuire Middleton

THURSDAY, AUGUST 31, 1995

2741

Newbill Oliver Perdue Pollard Ragan

Ralston Ray Slotin Starr Tanksley

Taylor Thompson Turner Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy
Balfour Brown of 26th Harbison

Henson
Johnson of 2nd Johnson of 1st (excused) Scott

Stokes Thomas Tysinger (excused)

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate adhered to its substitute to HB SEX.

The President appointed as a Conference Committee on the part of the Senate, the following:
Senators Blitch of the 7th, Walker of the 22nd and Hill of the 4th.

The following resolution was read and put upon its adoption:

HR 44EX. By Representative Murphy of the 18th:
A resolution relative to adjournment at 5:00 P.M., Thursday, August 31, 1995, until reconvening on Wednesday, September 6, 1995.
On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
Serving as doctor of the day was Dr. Tammy Robinson of Douglasville, Georgia. At 11:53 A.M., Senator Perdue of the 18th moved that the Senate recess until 5:00 P.M., and at that time, pursuant to HR 44EX, stand adjourned until 11:00 A.M. Wednes day, September 6, 1995; the motion prevailed. At 5:00 P.M., the President announced the Senate adjourned.

2742

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, September 6, 1995 Fifteenth Legislative Day

The Senate met pursuant to adjournment at 11:00 A.M. today, and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of the proceedings of Thursday, August 31, 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 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 25EX. Do pass.

HB 30EX. Do pass as amended.

HB 29EX. Do pass.

HB 31EX. 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 Crotts Dean
Edge Egan
Farrow
Gillis

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

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

Those not answering were Senators:

Abernathy Clay Day Glanton

Johnson of 2nd Newbill Scott

Slotin Walker (excused conferee)

WEDNESDAY, SEPTEMBER 6, 1995

2743

The following statements were filed with the Secretary:
September 6, 1995
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I was present this morning for roll call; however, I hit my button twice and cancelled it. Sincerely,
lal Sallie Newbill

September 7, 1995
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
Due to being in Conference Committee meetings, I missed roll call on September 6 and September 7, 1995.
Very truly yours, 1st Charles C. Clay

September 7, 1995
Mr. Frank Eldridge Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I missed roll calls on August 17 and 28 and September 6 and 7 for various reasons. One day constituents and I met with Mike Bowers, other days, I met with constituents and met with other Senators to discuss redistricting plans. I have been here every day during this Special Session, but I did miss these roll calls.
Sincerely, lal Clinton M. Day
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 of Most Blessed Sacrament Catholic Church, Atlanta, Georgia, who offered scripture read ing and prayer.

2744

JOURNAL OF THE SENATE

The following resolution was read and adopted:
SR 43EX. By Senators Hooks of the 14th, Ray of the 19th, Perdue of the 18th and others:
A resolution congratulating the Honorable Hugh Gillis on his 77th birthday.
Senator Gillis addressed the Senate briefly.
The following resolutions were read and adopted:
SR 41EX. By Senator Griffin of the 25th:
A resolution expressing regret at the passing of Dusty Rogers Clark.
SR 42EX. By Senator Dean of the 31st:
A resolution recognizing Mr. Tyre Grigsby Matthews.
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, September 6, 1995
FIFTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 25EX Clay, 37th CITY OF ACWORTH
Amend an Act reincorporating and providing a new charter for the City of Acworth so as to change the corporate limits of the city.
HB 29EX Johnson, 1st Johnson, 2nd CHATHAM COUNTY/CITY OF SAVANNAH
Amend an Act creating the Chatham-Savannah Youth Futures Authority, so as to provide uniform beginning and expiration dates for authority members; to provide for vacancies in membership of ex officio members.
*HB 30EX Dean, 31st CITY OF TALLAPOOSA
An Act to create the Tallapoosa Recreation Authority to acquire, construct, equip, maintain and operate athletic and recreational centers, facilities, and areas, including but not limited to, golf courses, playgrounds, parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts. (AMENDMENT)
HB 31EX Cheeks, 23rd Pollard, 24th COLUMBIA COUNTY
Amend an Act providing for the election of members of the Board of Education of Columbia County, so as to provide for the election of members of the Board at nonpartisan general elections without prior nonpartisan primaries.

WEDNESDAY, SEPTEMBER 6, 1995

2745

The amendment to the following bill was put upon its adoption: *HB 30EX:

The State and Local Governmental Operations Committee offered the following amendment to HB 30EX:
Amend HB 30EX by striking on line 5 of page 3 the word "six" and inserting in its place the word "five".
By striking lines 9 and 10 of page 3 and inserting in lieu thereof the following:
"shall initially appoint one member for a term of two years, two for terms of four years each, and two for terms of".
By striking in its entirety subsection (c) of Section 2 which appears on lines 18 through 24 of page 3.
By redesignating subsections (d) through (j) of Section 2 as subsections (c) through (i), respectively.
By striking the word "Four" on line 39 of page 3 and inserting in its place the word "Three".

On the adoption of the amendment, the yeas were 52, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen
Broun of 46th Burton Cagle Cheeks 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 Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Clay

Guhl

Thomas

On the passage of all the local bills, the yeas were 52, nays 0.
All the bills on the Senate Local Consent Calendar, except HB 30EX, having received the requisite constitutional majority, were passed.
HB 30EX, having received the requisite constitutional majority, was passed as amended.
At 11:48 A.M., the President announced that the Senate would stand in recess until 2:00 P.M.

2746

JOURNAL OF THE SENATE

Senator Ray of the 19th, President Pro Tempore, called the Senate to order at 2:10 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:
SB 9EX. By Senator McGuire of the 30th:
A bill to amend an Act providing for the nomination and election of the chief magistrate of Carroll County so as to provide for the election of the chief magis trate of the Magistrate Court of Carroll County in nonpartisan elections with out a prior nonpartisan primary.
The House has agreed to the Senate amendment to the following bill of the House:
HB 30EX. By Representative Murphy of the 18th:
A bill to create the Tallapoosa Recreation Authority and to authorize such au thority to acquire, construct, equip, maintain, and operate athletic and recrea tional centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swim ming and wading pools, lakes, tennis courts, athletic fields and courts.
At 2:15 P.M., Senator Ray of the 19th, President Pro Tempore, announced that the Senate would recess until 3:30 P.M.
The President called the Senate to order at 9:45 P.M.
The following resolutions of the Senate were read and adopted:
SR 44EX. By Senator Dean of the 31st:
A resolution requesting the designation of the W.D. Trippe Bridge.
SR 45EX. By Senators Day of the 48th, Cagle of the 49th, Guhl of the 45th and many, many others:
A resolution congratulating Cal Ripken, Jr.
Senator Perdue of the 18th moved that the Senate adjourn until tomorrow at 11:00 A.M.; the motion prevailed, and at 9:48 P.M., the President announced the Senate adjourned.

THURSDAY, SEPTEMBER 7, 1995

2747

Senate Chamber, Atlanta, Georgia Thursday, September 7, 1995 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 11:00 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.
Senator Oliver of the 42nd moved that Senator Farrow of the 54th be excused from the Senate today due to family illness.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Farrow was excused.
Senator Ralston of the 51st moved that Senator Johnson of the 1st be excused from the Senate today due to a family emergency.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Johnson of the 1st was excused.
Senator Griffin of the 25th moved that Senator Abernathy of the 38th be excused from the Senate today due to illness.
On the motion, the years were 37, nays 0; the motion prevailed, and Senator Abernathy was excused.
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 Crotts Dean Edge Egan 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
Ray Scott Slotin
Starr Stokes Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy (excused) Balfour Clay

Day Farrow (excused) Johnson of 1st (excused)

Newbill Tanksley Thompson

2748

JOURNAL OF THE SENATE

The following statements were filed with the Secretary:
September 7, 1995
Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
Due to being in Conference Committee meetings, I missed roll call on September 6 and September 7, 1995.
Very truly yours, lal Charles C. Clay

September 7, 1995
Mr. Frank Eldridge Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. Eldridge:
I missed roll calls on August 17 and 28 and September 6 and 7 for various reasons. One day constituents and I met with Mike Bowers, other days, I met with constituents and met with other Senators to discuss redistricting plans. I have been here every day during this Special Session, but I did miss these roll calls.
Sincerely, Isl Clinton M. Day
The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Thomas of the 10th introduced the chaplain of the day, Reverend Kenneth Walker of Abyssinia African Baptist Church, Atlanta, Georgia, who offered scripture read ing and prayer.
At 11:30 A.M., the President announced that the Senate would stand in recess until 12:00 Noon today.
Senator Ray of the 19th, President Pro Tempore, called the Senate to order at 12:00 Noon.
At 12:05 P.M., Senator Ray of the 19th, announced that the Senate would stand in recess until 2:00 P.M. today.
The President called the Senate to order at 2:10 P.M. At 2:35 P.M., the President announced that the Senate would stand in recess until 3:30 P.M.
The President called the Senate to order at 4:00 P.M. At 4:05 P.M., the President announced that the Senate would stand in recess until 5:35 P.M.
The President called the Senate to order at 7:10 P.M.

THURSDAY, SEPTEMBER 7, 1995

2749

At 7:30 P.M., the President announced that the Senate would stand in recess until 8:30 P.M.
The President called the Senate to order at 10:20 P.M.
The following bill was taken up to consider the Conference Committee report thereto:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.

The Conference Committee report was as follows:

The Committee of Conference on HB SEX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB SEX be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Peg Blitch Senator, 7th District

/s/ Tommy Smith Representative, 169th District

/s/ Jack Hill Senator, 4th District

/s/ David E. Lucas Representative, 124th District

/s/ Charles W. Walker Senator, 22nd District

Is/ Tim Perry Representative, llth District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB SEX:

A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries gener ally, so as to provide definitions and descriptions for use in designating congressional dis tricts; to provide for the description of congressional districts; to provide for the election of members of Congress; to provide for the continuation of present congressional districts un til a certain time; to make certain provisions relative to certain boards and bodies; to pro vide for continuation in office, dismissal, or appointment of members of consitutional or statutory boards or bodies for which membership is based on residency within a congres sional district; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, is amended by striking

2750

JOURNAL OF THE SENATE

Code Section 21-2-3, relating to definitions and descriptions for use in designating congres sional districts, and inserting in its place the following:
"21-2-3.
For purposes of this article:
(1) The terms Tract,' 'Block,' and !VPB! 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
\i) iTkc Lei ill 1. iGCliiut ii iyilOiiy liiijui witll Ll^c I>GI iil Voting fjicdiiCt <xiiu ill^ailS a gcu-
ji a^rlliC&l <il ca, Cjbt&bli&liGU 111 LCCOi ilcuii^G Witli Ai LlClc I vl Llii& Clici^jLci , vyitllnl
\*jj W llciilc V ei1 LIIG Cl^SCi i^rLiOjl 01 &ny IAJIIJ^I choiOiial Qi&LliCL i"clci"ft LO & iieuuGU CiLy, ili
&11&11 ulcaii Llic gcugi u^jlliC&l uOuilutii'icb ill LliaL titjt ciii &liuwii Oil Lllc i;Gii5U illa^> i\ji
Llic LJiiiLcCL LJLaLcib ucCGiiiiial CcllSUs ui l7i/U I0i tlic kjLatc^ ul (jeuigi^.
\*1} JL icOji^Ot il^imc^ ^iiu ut^biguatiOil& lOliOwiii^ V Xl_/ ucibi^iiatiOLiii dl~3 ixluluucu I0i* COil-
\ciiicilwc uiiljr , &xlu 111 trie cVcilL Lii^b ucACi'i^LiOu 01 Qmy ^uiigi'cSSiuncil vli^Li'iCt uunLckuk& i
CuiilliCL L/cLWccn Llic g^ugi apliiCeil Mw/uuuai~ici> \ji aiiy V J. XJ aiiu C11& uu unuai ico ul Llic
lulluwui^ ildiilcu ^11 cdilCL, Llic gfcO^i aj^liiCal OOuuuaij' Ot Llic V XJLJ d& bliv/wu Oil Lllti C^<ii-
&u& illd^ib lOi Ll~ic UmLcu kjLaLcib u^Ccililial Ccu&Ll OI J.t/i7U IUL tile L>L^M: Otv2rUl glci Allcill
control.
(5X2) Any part of the State of Georgia which is described in subsection (a) of Code SectTon 21-2-4 as being included in a particular congressional district shall neverthe less not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
SECTION 2.
Said article is further amended by striking the description of the 11 congressional districts immediately following the second sentence of subsection (a) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the de scription of the 11 congressional districts attached to this Act and made a part hereof and further identified as "Operator: state Client: congress Plan: conf2."
SECTION 3.
Said article is further amended by striking subsection (c) of Code Section 21-2-4, relat ing to the composition of congressional districts of Georgia, and inserting in its place the following:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, i993 1997. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 4990 1994 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of i992 1996 for the purpose of electing the members in 4992 1996 who are to take office in 19901997. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congres sional districts, the provisions of this Code section shall be effective January 1, 1990 1997."
SECTION 4.
Said article is further amended by striking Code Section 21-2-4.1, relating to continuation in office, dismissal, or appointment of members of constitutional or statutory boards or

THURSDAY, SEPTEMBER 7, 1995

2751

bodies for which membership is based on residency within a congressional district, and inserting in its place the following:
"21-2-4.1.
Any member of any constitutional or statutory board or body who is in office on January 1, 993 1997, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional pro vision or statute reside within the same congressional district. In the event any congres sional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the time specified in subparagraph (d)(2)(0) of Code Section 1-3-1 January 1,1997. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a va cancy shall exist. Such vacancy shall be filled as of the time specified ui subparagraph (d)(2)(C) of Code Section 1-3-1 by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displace ment of a member from a congressional district on the basis of residency, the initial ap pointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as pro vided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body."
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.
Operator: state______________Client: congress______________Plan: conf2
District No. 1
APPLING BACON BRANTLEY BRYAN BULLOCH CAMDEN CANDLER CHARLTON CHATHAM EFFINGHAM EVANS GLYNN LIBERTY LONG MCINTOSH PIERCE

2752

JOURNAL OF THE SENATE

SCREVEN
TATTNALL
WAYNE
District No. 2
BAKER BROOKS CALHOUN CHATTAHOOCHEE CLAY COLQUITT CRISP DECATUR DOOLY DOUGHERTY EARLY GRADY LEE MACON MARION MILLER MITCHELL MUSCOGEE
Tract:0001. Tract:0015.
Block: 401, 403, 404, 405, 406, 407, 408, 409, 413, 415, 416, 417, 418, 428, 429, 430, 431, 434, 435, 436, 437, 438
Tract:0016.
Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A Tract:0020.
Block: 117, 201, 202, 203, 204, 205, 206 Tract:0022. Tract:0024. Tract:0025. Tract:0026. Tract:0027.
Tract:0028. Block: 102, 103, 104, 105, 106, 201, 202 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8
Tract:0029.01 Tract:0029.02 Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0034. Tract:0106.04 Tract:0106.05 Tract:0106.06 Tract:0107.01 Tract:0107.02 Tract:0107.03

THURSDAY, SEPTEMBER 7, 1995

2753

Tract:0108. Tract:0109. PEACH QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART SUMTER TALBOT TAYLOR TERRELL THOMAS TURNER WEBSTER WORTH
District No. 3
CLAYTON Tract:0402. Block: 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933, 999, 999 Tract:0403.04 Tract:0403.05 Tract:0404.01 Block: 128, 129, 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 330, 331, 332, 333, 334, 335, 336, 337, 401, 402, 403, 404, 405, 417A, 417B, 418A, 418B, 420, 421, 503A, 503B, 503C, 504A, 504B, 504C, 506, 507A, 507B, 508, 509, 510A, 510B, 511, 512, 513, 515A, 515B, 515C, 599A Block Group:6 Block Group:7 Tract:0404.02 Block: 403, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 499, 499, 502, 503, 504, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 599 Tract:0404.03 Tract:0404.05, except that part of Block 601B which lies north of a branch of Camp Creek. Tract:0404.06 Tract:0405.03 Block Group:! Block Group:3 Block: 402A, 402B, 402C, 402D, 402E, 403, 404, 405, 499 Tract:0405.05 Block Group:6 Tract:0405.06 Tract:0405.07 Tract:0405.08 Tract:0406.03 Tract:0406.04 Tract:0406.05 Tract:0406.06 Tract:0406.07 Tract:0406.08
COWETA CRAWFORD FAYETTE

2754

JOURNAL OF THE SENATE

HARRIS JONES LAMAR MERIWETHER MONROE MUSCOGEE
Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006. Tract:0008. Tract:0009. Tract:0010. Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015.
Block Group:! Block Group:2 Block Group:3 Block: 402, 410, 411, 412, 414, 41 9, 420, 421, 422, 423, 424, 425, 426, 427, 432, 433 Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B Tract:0018. Tract:0019. Tract:0020. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
118, 119, 120, 121, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract:0021. Tract:0023. Tract:0028. Block: 101, 203, 204, 205, 206 Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105. Tract:0106.02 Tract:0110. PIKE SPALDING TROUP UPSON

THURSDAY, SEPTEMBER 7, 1995

2755

District No. 4
BARROW DEKALB
Tract:0202. Block: 123B
Tract:0211. Tract:0212.02 Tract:0212.04 Tract:0212.05 Tract:0212.07 Tract:0212.08 Tract:0212,09 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01 Tract:0213.02 Tract:0213.03 Tract:0213.04 Tract:0214.03
Block: 101, 102, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115, 116, 117A, 118A, 119, 120A, 121A, 307A, 308A
Tract:0214.04 Tract:0215.
Block: 113 Tract:0216.01 Tract:0216.02 Tract:0217.02 Tract:0217.03 Tract:0217.04 Tract:0218.05 Tract:0218.06 Tract:0218.08 Tract:0218.09 Tract:0218.10 Tract:0218.98 Tract:0219.02 Tract:0219.03
Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 325C, 325D, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330, 331, 332, 333, 334, 335, 336A, 336B, 337A, 337B, 338, 339A, 339B, 339C, 339D, 339E, 340A, 340B, 340C, 341A, 341B, 341C, 342A, 343A, 344, 345, 346, 347, 348, 349A, 349B, 351, 353 Tract:0219.04 Block Group:! Block: 201, 401A Block Group:5 Tract:0219.05 Block: 101, 102, 103, 104B, 901A Tract:0220.01 Block Group:! Block: 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 421, 422, 423, 425 Tract:0220.04

2756

JOURNAL OF THE SENATE

Block: 101B, 101C, 201, 202A Tract:0222. Tract:0223.01 Tract:0223.02 Tract:0224.03
Block: 101, 103, 105, 106, 107, 110, 111 Block Group:2 Block Group:3 Block: 401B, 419, 421, 422 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 612B, 703, 704, 705, 706, 707 Block: 708, 709A, 709B Tract:0226. Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402 Tract:0229. Block: 101 Tract:0230. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116,117, 118, 119, 120,121,122, 123, 124,125, 201, 202, 203, 204, 205A, 206, 207, 208, 210A, 299 Tract:0231.02 Block: 101, 102, 103, 104, 105A, 106, 107, 108, 109, 110A, 111, 112, 113A, 114A, 114B, 115A, 116A, 199 Tract:0231.05 Block: 405A, 409, 410 Tract:0232.04 Block: 201, 202, 203, 217 Tract:0232.05 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 505, 506, 507, 508 Tract:0233.02 Tract:0233.03 Block: 101,102, 103, 104, 105B, 106B, 107,108,109, HOB, 199, 199, 199, 401B, 402, 403, 404, 405, 406, 407C, 407D, 408, 411B, 499A Block Group:5 Tract:0233.06 Block: 501, 502, 503, 504, 505, 506, 509B, 510, 511 FULTON Tract:0101.03 Block: 801 Tract:0101.06 Tract:0101.07 Tract:0101.08 Tract:0114.08 Block: 201C, 203D, 206B, 208B, 301B, 399D Block Group:8 Tract:0114.09 Tract:0114.10 Tract:0114.11 TractOl 16.03 Block: 105, 106, 107 Block Group:3 Block Group:8

THURSDAY, SEPTEMBER 7, 1995

2757

Block: 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913 GWINNETT
Tract:0502.03 Tract:0502.04
Block: 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 199A, 199B Block Group:2 Block Group:3 Block Group:4 Block Group:? Block Group:8 Block Group:9 Tract:0503.04 Tract:0503.05 Tract:0503.06 Tract:0503.07 Tract:0503.08 Tract:0503.09 Tract:0503.10 Tract:0503.11 Tract:0503.12 Tract:0503.13 Tract:0503.14 Tract:0504.03 Tract:0504.06 Tract:0504.07 Tract:0504.08 Tract:0504.09 Tract:0504.10 Tract:0504.11 Tract:0504.12 Tract:0504.13 Tract:0504.14 Tract:0504.15 Tract:0504.16 Tract:0505.02 Tract:0505.03 Tract:0505.05 Tract:0505.06 Tract:0505.07 Tract:0505.08 Tract:0505.09 Tract:0506.01 Block: 163, 164, 168, 199B, 306, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317,
318, 319, 320, 399 Tract:0506.02 Tract:0507.04 Tract:0507.05 Tract:0507.06 Tract:0507.07 Tract:0507.08 Tract:0507.09 Tract:0507.10 Tract:0507.11 Tract:0508.98
District No. 5
COBB

2758

JOURNAL OF THE SENATE

Tract:0313.02 Block Group:! Block Group:2 Block: 301, 302, 303, 306, 308, 312, 313, 319, 320, 321, 322, 323, 324 Block Group:9
Tract:0313.04 Block: 301, 302, 308, 312, 328, 330, 331, 332, 333, 399,416, 417, 418, 419, 420,421B, 422, 424, 425, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 499B
Tract:0313.05 DEKALB
Tract:0201. Tract:0202.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 124, 126, 127
Tract:0203. Tract:0204. Tract:0206.
Block:101 Tract:0207.
Block: 214A Tract:0214.01 Tract:0214.02 Tract:0214.03
Block: 108, 109, 117B, 118B, 120B, 121B, 122, 123 Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 Tract:0215. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 199 Block Group :2 Tract:0216.03 Tract:0224.01 Tract:0224.02 Tract:0224.03 Block: 102,108, 401A, 402, 403, 404, 405, 406, 407,408,409,410, 411,412, 413, 414, 415, 420 Tract:0225. Block: 613 FULTON Tract:0001. Tract:0002. Tract:0004. Tract:0005. Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 Tract:0011. Tract:0012. Tract:0013. Tract:0014. Tract:0015. Tract:0016.

THURSDAY, SEPTEMBER 7, 1995

2759

Tract:0017. Tract:0018. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027.
Tract:0028. Tract:0029. Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035. Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0040. Tract:0041. Tract:0042.95 Tract:0043. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95 Tract:0050. Tract:0052. Tract:0053. Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057. Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0063. Tract:0064. Tract:0065. Tract:0066.01 Tract:0066.02 Tract:0067. Tract:0068.01 Tract:0068.02 Tract:0069. Tract:0070. Tract:0071. Tract:0072. Tract:0073. Tract:0074. Tract:0075.

2760

JOURNAL OF THE SENATE

Tract:0076.01 Tract:0076.02 Tract:0077.01 Tract:0077.02 Tract:0078.02 Tract:0078.03 Tract:0078.04 Tract:0079. Tract:0080. Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02 Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088. Tract:0089. Tract:0090. Tract:0091. Tract:0092. Tract:0093. Tract:0094.01 Tract:0094.02 Tract:0095. Tract:0096. Tract:0097. Tract:0098. Tract:0099. Tract:0100. Tract:0101.01 Tract:0101.03
Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 BlockGroup:7 Block: 802, 803, 805, 806, 807, 808, 809, 810, 811, 812, 815, 816, 817, 818, 819, 820,
821, 822 Tract:0102.01 Tract:0102.03
Block Group:! Block Group:2 Block: 305, 306, 307 Tract:0102.04 Tract:0102.05 Tract:0103.01 Tract:0103.02 Tract:0104.

THURSDAY, SEPTEMBER 7, 1995

2761

Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109. Tract:0110. TractOlll. Tract:0112.01 Tract:0112.02 Tract:0113.01 Tract:0113.02
District No. 6
COBB Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05 Tract:0302.06 Tract:0302.07 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13 Tract:0303.14 Tract:0303.15 Tract:0303.16 Tract:0303.17 Tract:0303.18 Tract:0303.19 Tract:0303.20 Tract:0303.21 Tract:0304.01 Tract:0304.02 Tract:0304.04 Tract:0304.05 Tract:0304.06 Tract:0305.01 Tract:0305.02 Tract:0305.03 Tract:0306. Tract:0307. Tract:0308. Tract:0309.01 Tract:0309.02 Tract:0309.03 Tract:0310.01 Tract:0310.02 Tract:0310.03 Tract:0311.01

2762

JOURNAL OF THE SENATE

Tract:0311.03 Tract:0311.05 Tract:0311.06 Tract:0311.07 Tract:0311.08 Tract:0311.09 Tract:0312.02 Tract:0312.03 Tract:0312.04 Tract:0313.01 Tract:0313.02
Block: 304, 305, 307, 309, 310, 311, 314, 315, 317, 318 Block Group:4 Block Group:5 Tract:0313.04 Block Group:! Block: 303, 304, 305, 306, 307, 309, 310, 311, 313, 314, 315, 316, 317, 318, 326, 327,
401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 421A, 423, 426, 499A Block Group:5 Tract:0314.03 Tract:0314.04 Tract:0314.98 Tract:0315.01 Tract:0315.02 Tract:0316.97 Tract:0316.98 DOUGLAS FULTON Tract:0101.03
Block: 804, 813, 814 Tract:0101.05 Tract:0102.03
Block: 301, 302, 303, 304, 399, 399 Block Group :4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:! Block: 201A, 201B, 202, 203A, 203B, 203C, 204, 205, 206A, 207, 208A, 299, 301A,
302, 303, 304, 305, 306, 399A, 399B, 399C Block Group:4 Block Group :5 Block Group:6 Tract:0115. Tract:0116.01 Tract:0116.02 Tract:0116.03

THURSDAY, SEPTEMBER 7, 1995

2763

Block: 101, 102, 103, 104 Block Group:2
Block: 902, 903
District No. 7
BARTOW CARROLL CATOOSA CHATTOOGA DADE FLOYD GORDON HARALSON HEARD MURRAY PAULDING POLK WALKER WHITFIELD
District No. 8
ATKINSON BEN HILL BERRIEN BIBB BLECKLEY CLINCH COFFEE COOK DODGE ECHOLS HOUSTON IRWIN JEFF DAVIS LANIER LOWNDES MONTGOMERY PULASKI TELFAIR TIFT TOOMBS WARE WHEELER WILCOX
District No. 9
BANKS CHEROKEE CLARKE DAWSON FANNIN FORSYTH FRANKLIN GILMER GWINNETT
Tract:0501.01
Tract:0501.02

2764

JOURNAL OF THE SENATE

Tract:0502.02 Tract:0502.04
Block: 101, 102, 103, 104 Block Group:5 Block Group:6 Tract:0506.01 Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107A, 107B, 107C, 107D,
108, 109, 110, 111, 112, 113,114, 115, 116, 117, 118,119,120, 121, 122, 123,124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137,138, 139, 140,141, 142, 143, 144, 145, 146, 147, 148A, 148B, 148C, 148D, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 165, 166, 167, 199A, 199C, 199D, 199E Block Group:2 Block: 301, 302, 303, 304, 305, 307, 308 HABERSHAM HALL JACKSON LUMPKIN MADISON PICKENS RABUN STEPHENS TOWNS UNION WHITE
District No. 10
BURKE COLUMBIA ELBERT EMANUEL HART JENKINS LAURENS LINCOLN MCDUFFIE NEWTON OCONEE OGLETHORPE RICHMOND ROCKDALE TREUTLEN WALTON WILKES
District No. 11
BALDWIN BUTTS CLAYTON
Tract:0401. Tract:0402.
Block Group:! Block Group:2 Block: 919, 920 Tract:0403.01 Tract:0403.02 Tract:0403.03

THURSDAY, SEPTEMBER 7, 1995

2765

Tract:0404.01 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124, 125, 126, 127, 130, 131, 132, 199, 199 Block Group:2 Block: 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 323A, 323B, 323C, 338, 419A, 419B, 422A, 422B, 501A, 501B, 501C, 502A, 502B, 502C, 505A, 505B, 514A, 514B, 599B
Tract:0404.02 Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 404, 407, 501, 505 Block Group:8 Block Group:9
Tract:0405.03 Block: 401
Tract:0405.04 Tract:0405.05
Block Group:2 Block Group:3 Block Group:4 Block Group:5 That part of Block 601B which lies north of a branch of Camp Creek. DEKALB Tract:0205. Tract:0206. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 Tract:0208. Tract:0209. Tract:0219.03 Block: 339F, 342B, 343B Tract:0219.04 Block: 202,203,204,205 Block Group:3 Block: 401B, 402, 403 Tract:0219.05 Block: 104A, 105, 106, 107, 108, 109, 110, 111, 112 Block Group:2 Block Group:4 Block Group:5 Block: 901B, 902, 903, 904, 999, 999 Tract:0220.01 Block: 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 429, 430, 431, 432 Tract:0220.02 Tract:0220.04 Block: 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
202B, 203,204, 205, 206, 207, 208,209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 299 Tract:0220.05 Tract:0221. Tract:0225.

2766

JOURNAL OF THE SENATE

Block: 309, 316, 317, 318, 319, 320 Block Group :4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612A, 614, 701, 702 Traet:0227. Tract:0228. Block: 105, 107, 108, 109, 110, 111, 112, 113, 114 Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Block: 102, 103, 109 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Tract:0230. Block: 104C, 205B, 205C, 209, 210B Tract:0231.01 Tract:0231.02 Block: 105C, HOB, 113B, 114C, 115B, 116B Block Group:2 Block Group:3 Tract:0231.03 Tract:0231.05 Block Group:! Block Group:2 Block Group:3 Block: 401, 402, 403, 404, 405B, 406, 407, 408, 411, 412 Block Group :5 Tract:0231.06 Tract:0232.03 Tract:0232.04 Block: 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220,
221, 222, 223 Block Group:3 Tract:0232.05 Block: 116, 117 Block Group :4 Block: 501, 502, 503, 504, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520,
521, 522, 599, 599 Tract:0232.06 Tract:0232.07 Tract:0233.03
Block: 105A, 106A, 110A Block Group:2 Block Group:3 Block: 401A, 407A, 407B, 409, 410, 411A, 412, 413, 414, 415A, 415B, 416, 417, 418,
419, 420, 421A, 421B, 422, 499B, 499C Tract:0233.05 Tract:0233.06
Block Group:3 Block Group:4 Block: 507, 508, 509A Tract:0233.07

THURSDAY, SEPTEMBER 7, 1995

2767

Tract:0233.08 Tract:0234.03 Tract:0234.04 Tract:0234.05 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.01 Tract:0235.02 Tract:0235.03 Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03 Tract:0239.98 GLASCOCK GREENE HANCOCK HENRY JASPER JEFFERSON JOHNSON MORGAN PUTNAM TALIAFERRO TWIGGS WARREN WASHINGTON WILKINSON
Senator Blitch of the 7th moved that the Senate suspend the portion of Senate Rule 156 requiring a Conference Committee report to be printed and distributed one (1) hour before being considered by the Senate.
On the motion, the yeas were 51, nays 0; the motion prevailed, and Senate Rule 156 was suspended.
Senator Blitch of the 7th moved that the Senate adopt the Conference Committee report on HB SEX.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators Hill and Marable.

Those voting in the negative were Senators:

Abernathy Balfour Black Blitch Boshears Burton Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Isakson

James Johnson of 2nd Kemp Land Langford Madden McGuire Middleton Newbill Oliver Perdue Pollard

2768
Ragan Ralston Ray Scott Slotin

JOURNAL OF THE SENATE

Starr Stokes Tanksley Taylor

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Bowen Broun of 46th

Brown of 26th Johnson of 1st (excused)

Walker

On the motion, the yeas were 2, nays 49; the motion lost, and the Senate rejected the Conference Committee report on HB 8EX.
Senator Edge of the 28th moved that the Senate appoint a second Conference Commit tee on HB SEX.

On the motion, 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 Egan Farrow Glanton Gochenour Guhl Isakson

Kemp Land McGuire Newbill Ralston Tanksley Thompson Tysinger

Those voting in the negative were Senators:

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

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

Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Turner Walker

Not voting was Senator Johnson of 1st (excused).

On the motion, the yeas were 24, nays 31; the motion lost, and the Senate did not appoint a Second Conference Committee.

THURSDAY, SEPTEMBER 7, 1995

2769

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference on the following bill of the House:
HB SEX: By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
Serving as doctor of the day was Dr. Ed Malcom of Roswell, Georgia. Senator Perdue of the 18th moved that the Senate adjourn until tomorrow at 11:00 A.M.; the motion prevailed, and at 10:46 P.M., the President announced the Senate adjourned.

2770

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, September 8, 1995
Seventeenth Legislative Day

The Senate met pursuant to adjournment at 11:00 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.

Senator Tysinger of the 41st moved that Senator Burton of the 5th be excused from the Senate today due to the death of his mother-in-law.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Burton was excused.

Senator Marable of the 52nd moved that Senator Farrow of the 54th be excused from the Senate today due to illness in the family.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Farrow was excused.

Senator Madden of the 47th moved that Senator Langford of the 29th be excused from the Senate today to attend to Senate business.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Langford was excused.

Senator Ralston of the 51st moved that Senator Johnson of the 1st be excused from the Senate today due to a family emergency.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Johnson of the 1st was excused.

Senator Marable of the 52nd moved that Senator Middleton of the 50th be excused from the Senate today to attend to Senate business.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Middleton was excused.

Senator James of the 35th moved that Senator Brown of the 26th be excused from the Senate today to attend to Senate business.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Brown of the 26th was excused.

Senator Taylor of the 12th moved that Senator Kemp of the 3rd be excused from the Senate today to attend to personal business.
On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Kemp was excused.

Senator Boshears of the 6th moved that Senator Crotts of the 17th be excused from the Senate today to attend to personal business.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Crotts was excused.

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

Balfour Black Blitch

Boshears Bowen Broun of 46th

Cagle Cheeks Clay

FRIDAY, SEPTEMBER 8, 1995

2771

Day Dean Edge Egan Gillis Glanton Gochenour Griffin Guhl Henson Hill

Hooks Isakson James Land Madden Marable McGuire Newbill Oliver Perdue Pollard

Those not answering were Senators:

Abernathy Brown of 26th (excused) Burton (excused) Crotts (excused) Farrow (excused)

Harbison Johnson of 2nd Johnson of 1st (excused) Kemp (excused) Langford (excused)

Ragan Ralston Ray Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger
Middleton (excused) Scott Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
The President introduced the chaplain of the day, Mr. Matthew Hill, the Senate Ser geant at Arms, who offered devotional and prayer.
At 11:30 A.M., the President announced that the Senate would stand in recess until 2:00 P.M. today.
The President called the Senate to order at 4:00 P.M.
The following resolution of the Senate was read and put upon its adoption:

SR 46EX. By Senators Ray of the 19th, Perdue of the 18th and Dean of the 31st:
A resolution relative to adjournment sine die at 5:00 P.M. on Friday, September 8, 1995.

Senator Marable of the 52nd moved the previous question.

On the motion for the previous question, 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 Cheeks Dean Egan Gillis Griffin Henson

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

Ragan Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Cagle

Clay Crotts Day Edge

Glanton Gochenour Guhl Harbison

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JOURNAL OF THE SENATE

James Land McGuire

Ralston Scott

Tanksley Tysinger

Those not voting were Senators:

Burton (excused) Farrow (excused)

Isakson Johnson of 1st (excused)

Perdue

On the motion, the yeas were 32, nays 19; the motion prevailed, and the previous ques tion was ordered.

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 Gillis Griffin Henson

Hill Hooks Langford Madden Marable Middleton Newbill Oliver Pollard Ragan

Ray Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Guhl Harbison James

Johnson of 2nd Kemp Land McGuire Ralston Scott Tysinger

Those not voting were Senators:

Burton (excused) Farrow (excused)

Isakson

Perdue

Johnson of 1st (excused)

On the adoption of the resolution, the yeas were 30, nays 21. 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 failed to adopt by the requisite constitutional majority the following resolution of the Senate:

SR 46EX. By Senators Ray of the 19th and Perdue of the 18th: A resolution relative to adjournment.

Senator Ray of the 19th moved that the Senate adjourn until 11:00 A.M. tomorrow; the motion prevailed, and at 6:27 P.M., the President announced the Senate adjourned.

SATURDAY, SEPTEMBER 9, 1995

2773

Senate Chamber, Atlanta, Georgia Saturday, September 9, 1995 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 11:00 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.
Senator Ray of the 19th moved that the morning roll call be dispensed with. On the motion, the President ordered a roll call. The vote was yeas 22, nays 6; no quorum voted, therefore, the vote was null and void.
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, Representative Ron Crews of New Covenant Community Church, Chamblee, Georgia, who offered scripture reading and prayer.
At 12:10 P.M., the President announced that the Senate would stand in recess until 2:00 P.M. today.
Senator Dean of the 31st called the Senate to order at 2:30 P.M. and announced that the Senate would stand in recess until 3:30 P.M. during which time conferees would be meeting concerning HB SEX.
At 3:30 P.M., the President called the Senate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 80EX. By Representative Murphy of the 18th:
A resolution relative to adjournment.
The following resolution of the House was read and adopted:
HR 80EX. By Representative Murphy of the 18th:
A resolution relative to adjournment on Saturday, September 9, 1995, and re convening on Monday, September 11, 1995.
The President announced that due to Senator Hill of the 4th being called to military duty, he would appoint Senator Starr of the 44th to replace Senator Hill as a conferee on HB SEX.
At 3:45 P.M., the President announced that, pursuant to HR 80EX, the Senate would stand in recess until 5:00 P.M., and at that time adjourn until 1:30 P.M. Monday, September 11, 1995.

2774

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, September 11, 1995
Nineteenth Legislative Day

The Senate met pursuant to adjournment at 1:30 P.M. today and was called to order by the President.

Senator Marable of the 52nd reported that the Journal of the proceedings of Saturday, September 9, 1995 had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.

Senator Ralston of the 51st moved that Senator Black of the 53rd be excused from the Senate today due to illness.
On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Black was excused.

Senator Marable of the 52nd moved that Senator Henson of the 55th be excused from the Senate today in order to take care of pressing business matters.
On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Henson was excused.

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

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
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 Walker

Those not answering were Senators:

Black (excused)

Hill

Henson (excused)

Oliver

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st served as chaplain of the day and offered devotional and prayer.
The following resolution of the Senate was read and adopted:

SR 47EX. By Senator Gochenour of the 27th: A resolution commending Nathan Dumas on becoming an Eagle Scout.

MONDAY, SEPTEMBER 11, 1995

2775

The following bill was taken up to consider the Second Conference Committee report thereto:

HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.

The Second Conference Committee report on HB SEX was as follows:

The Committee of Conference on HB SEX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB SEX be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Peg Blitch Senator, 7th District

1st Tommy Smith Representative, 169th District

1st Jack Hill Senator, 4th District

David E. Lucas Representative, 124th District

1st Charles W. Walker Senator, 22nd District

lal Tim Perry Representative, llth District

SECOND CONFERENCE COMMITTEE SUBSTITUTE TO HB SEX:

A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries gener ally, so as to provide definitions and descriptions for use in designating congressional dis tricts; to provide for the description of congressional districts; to provide for the election of members of Congress; to provide for the continuation of present congressional districts un til a certain time; to make certain provisions relative to certain boards and bodies; to pro vide for continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congres sional district; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, is amended by striking Code Section 21-2-3, relating to definitions and descriptions for use in designating congres sional districts, and inserting in its place the following:
"21-2-3.
For purposes of this article:
(1) The terms 'Tract,' 'Block,' and 'VTO2 'Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.

2776

JOURNAL OF THE SENATE

(2) The term 'Pieuinut' is &yuuiiyunm& with the teirn 'voling pieuuiil' and meant, a
gcugi a^JfllCell ell ccij 6SulDllSil6u ill aCCOl ucLilCe IVitli Al'LiClc / OI tiliS CXl&lpt&l1 , \vililiui WliiCli Jill ciltiCLJjj. i VOLti Jit 011ft J30lllll pl3.CS,
(0) Whenever the de&uiiyliou of any coiigtesfcional distiitl refers to a named tily, it
Silflll Illtifl.Il tllft ^^O^i'cipillC3.1 DOLLiiu&l'.itib OI LliciL City L& SHOW-li Oil tliti COii&US Ulcl^S lui
the United Otates decennial census of 1990 fm the Otate of Georgia.
(4) rVcCxi'iCt ilAmca and JcjigiiaUima following VTD J^AleiiaLIuuj!) QIC ImJdJ^d fci
vcincii^c unljf , duu in Llic GVGiit Llii? uc^Oi'i^LiOii 01 SiLiy Cuixgi c&i5iOilcUl Qi&ti'iCt COilt^iniS a ^OiilljCli ucl>Wli Llic gcugi ft^illiCcil DOLlilu&i~ic& OI tmy V Xi_l dilu tll^ Uuuuuai'l^S 01 tlic
Ccil OOuilCidi'^ vjl Cllc V -L.U &!>
control.
(5X2) Any part of the State of Georgia which is described in subsection (a) of Code Section 21-2-4 as being included in a particular congressional district shall neverthe less not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
SECTION 2.
Said article is further amended by striking the description of the 11 congressional districts immediately following the second sentence of subsection (a) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the de scription of the 11 congressional districts attached to this Act and made a part hereof and further identified as "Operator: state Client: congress Plan: conf3."
SECTION 3.
Said article is further amended by striking subsection (c) of Code Section 21-2-4, relating to the composition of congressional districts of Georgia, and inserting in its place the following:
"(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1990 1997. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 1994 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of t992 1996 for the purpose of electing the members in i992 1996 who are to take office in 9991557. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congres sional districts, the provisions of this Code section shall be effective January 1, 1993 1997."
SECTION 4.
Said article is further amended by striking Code Section 21-2-4.1, relating to continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership is based on residency within a congressional district, and inserting in its place the following:
"21-2-4.1
Any member of any constitutional or statutory board or body who is in office on January 1, 1990 1997, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless

MONDAY, SEPTEMBER 11, 1995

2777

more members of the board or body than authorized by the applicable constitutional pro vision or statute reside within the same congressional district. In the event any congres sional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the time specified hi subparagiayh (d)(2)(C) uf Cude auction 1-0-1 January 1, 1997. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a va cancy shall exist. Such vacancy shall be filled as uf the time specified in subparagraph (d)(2)(C) uf Code Section 1-3-1 by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displace ment of a member from a congressional district on the basis of residency, the initial ap pointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as pro vided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body."
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.
Operator: state_____________Client: congress_____________Plan: conf3
District No. 1
APPLING BACON BRANTLEY BRYAN CAMDEN CHARLTON CHATHAM EVANS GLYNN JEFF-DAVIS LIBERTY LONG MCINTOSH MONTGOMERY PIERCE TATTNALL TOOMBS TREUTLEN WARE WAYNE WHEELER
District No. 2
BAKER

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BROOKS CALHOUN CHATTAHOOCHEE CLAY CRAWFORD DECATUR DOOLY DOUGHERTY EARLY GRADY LEE LOWNDES MACON MARION MILLER MITCHELL MUSCOGEE
Tract:0001.
Tract:0011.
Block: 201, 202, 203, 204, 206, 207, 208, 221
Tract:0012.
Block Group:3 Block Group:4 Tract:0015.
Block Group:4
Tract:0016. Block: 605, 607, 608, 609, 610, 611, 612, 613, 614, 616, 617, 618, 699A
Tract:0018. Block: 102, 103, 104, 107, 108, 109, 110, 111, 112, 115, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215 Block Group:3
Block Group:4
Tract:0019. Block: 120, 121, 122
Block Group:2 Tract:0020. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0028. Tract:0029.01 Tract:0029.02 Tract:0030.
Tract:0031. Tract:0032. Tract:0033.
Tract:0034. Tract:0106.02 Tract:0106.04
Tract:0106.05 Tract:0106.06 Tract:0107.01
Tract:0107.02

MONDAY, SEPTEMBER 11, 1995

2779

Tract:0107.03 Tract:0108.
Tract:0109. PEACH QUITMAN RANDOLPH SCHLEY SEMINOLE STEWART
SUMTER TAYLOR TERRELL THOMAS WEBSTER
District No. 3
CLAYTON Tract:0402. Block: 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933, 999, 999 Tract:0403.01 Tract:0403.02 Tract:0403.03 Tract:0403.04 Tract:0403.05 Tract:0404.01 Tract:0404.02 Tract:0404.03 Tract:0404.05
Block: 101, 102, 103, 104, 105, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129, 199, 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228
Block Group:3 Tract:0404.06 Tract:0405.05
Block Group:6, except that part of Block 601B which lies north of a branch of Camp Creek.
Tract:0405.07 Tract:0405.08 Tract:0406.03 Tract:0406.04 Tract:0406.05 Tract:0406.06 Tract:0406.07 Tract:0406.08 COWETA FAYETTE HARRIS HENRY LAMAR MERIWETHER MUSCOGEE Tract:0002. Tract:0003. Tract:0004. Tract:0005. Tract:0006.

2780

JOURNAL OF THE SENATE

Tract:0008. Tract:0009. Tract:0010. TractOOll.
Block Group:! Block: 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220 Block Group:3 Tract:0012. Block Group:! Block Group:2 Tract:0013. Tract:0014. Tract:0015. Block Group:! Block Group:2 Block Group:3 Tract:0016. Block Group:! Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 606, 615, 699B Tract:0018. Block: 101, 105, 106, 113, 114, 201 Tract:0019. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
117, 132 Tract:0021. Tract:0101.02 Tract:0101.03 Tract:0101.04 Tract:0102.01 Tract:0102.02 Tract:0103.01 Tract:0103.02 Tract:0104.01 Tract:0104.02 Tract:0105. Tract:0110. PIKE SPALDING TALBOT TROUP UPSON
District No. 4
DEKALB Tract:0201. Tract:0202. Tract:0203. Tract:0204. Tract:0206. Block: 101 Tract:0207. Block: 214A Tract:0211.

MONDAY, SEPTEMBER 11, 1995

2781

Tract:0212.02 Tract:0212.04 Tract:0212.05 Tract:0212.07 Tract:0212.08 Tract:0212.09 Tract:0212.10 Tract:0212.11 Tract:0212.12 Tract:0213.01 Tract:0213.02 Tract:0213.03 Tract:0213.04 Tract:0214.01 Tract:0214.02 Tract:0214.03 Tract:0214.04 Tract:0215. Tract:0216.01 Tract:0216.02 Tract:0216.03 Tract:0217.02 Tract:0217.03 Tract:0217.04
Block: 201, 202, 203, 204, 205, 206, 207A, 208 Block Group:3 Tract:0218.05 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217,
218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234 Tract:0218.06
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 138
Block Group:3 Tract:0218.08 Tract:0218.09 Tract:0218.10 Tract:0218.98 Tract:0219.02
Block Group:! Block Group:2 Block Group:3 Tract:0222. Block: 609A, 610A Tract:0223.01 Tract:0223.02 Block Group:! Block Group:2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 314 Tract:0224.01 Tract:0224.02 Tract:0224.03 Tract:0225. Block Group:! Block Group:2 Block: 303, 304, 313, 314, 315, 408, 412

2782

JOURNAL OF THE SENATE

Block Group:5 Block Group:6 Block Group:? Tract:0226. Block Group:! Block Group:2 Block: 301, 302, 303, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
319, 321, 322 Block Group:4 Block Group:5 Tract:0228. Block: 101, 102, 103, 104, 106, 115, 401, 402 FULTON Tract:0114.08 Block: 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Block Group:8 Tract:0114.09 Block Group:! Block Group:4 Tract:0116.01 Block: 303A, 305A, 305B, 503A, 504A, 504F Block Group:7 Tract:0116.02 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704A, 704B, 704C, 705A, 705B, 705C, 706, 707A, 707B, 708A,
709A, 709B, 710 Block Group:9 Tract:0116.03 GWINNETT
District No. 5
CLAYTON Tract:0401. Tract:0402. Block Group:! Block Group:2 Block: 919, 920 Tract:0404.05 Block: 106, 107, 108, 206, 207, 227 Tract:0405.03 Tract:0405.04 Tract:0405.05 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0405.06 That part of Block 601B which lies north of a branch of Camp Creek.
COBB Tract:0303.21 Block: 404A, 406A, 407, 408A, 409, 410, 411 Tract:0310.01 Block: 910C, 910D, 910E, 910L, 925A, 925B, 926 Tract:0311.01 Block Group:2

MONDAY, SEPTEMBER 11, 1995

2783

Block: 301, 304, 305, 306, 307, 308, 309, 310
Tract:0311.03
Tract:0311.05
Block: 139A, 139B, 139C, 199, 199, 609A Tract:0311.07
Block Group:2 Block: 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 306E, 307A, 307B, 308,
309A, 309B, 310, 311, 312, 313, 314, 315A, 316, 317A, 317B, 317C, 318A, 318B, 318C, 319, 320, 321A, 321B, 322, 323A, 323B, 324, 325, 326, 327, 328, 329, 330, 399, 399, 416A, 418A Tract:0311.08 Block Group:! Block Group:2
Block: 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322, 399
Block Group:4 Tract:0311.09 Tract:0312.02
Block: 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321, 322, 323, 324A, 324B, 325A, 325B, 326, 327, 328, 329, 330, 331A, 331B, 335, 338, 341, 399A, 399B
Block Group:4 Block: 501, 502, 503, 504, 505,506, 507, 508, 509, 510, 511, 513, 514, 526, 527, 601A,
601B, 601C, 602, 603A, 603B, 604, 605A, 605B, 605C, 606, 607A, 607B, 608A, 608B, 608C, 608D, 609A, 609B, 610A, 611B, 612A, 612B, 612C, 613A, 613B, 613C, 613D, 613E, 613F, 650, 699 Tract:0312.03 Block: 101A, 101B, 107A, 108, 110A, 516A, 517, 518, 519, 520, 521A
Tract:0312.04 Block: 501A, 501B, 502,503, 504A, 504B, 504C, 504D, 505, 506A, 506B, 507A, 507B, 508, 513, 514, 515, 516A, 516B, 516C, 516D, 517, 518A, 518B, 519A, 519B, 519C, 520, 521, 528, 529, 530A, 530B, 531A, 531B, 532
Tract:0313.01
Block: 101B, 155B, 155C, 156, 901A, 905A, 905B Tract:0313.02
Block Group:!
Block Group:2 Block: 301, 302, 303, 306, 308, 312, 313, 319, 320, 321, 322, 323, 324
Block Group:4
Block Group :5 Block Group:9
Tract:0313.04 Block: 301, 451, 454, 455
Tract:0313.05 FULTON
Tract:0001. Tract:0002.
Tract:0004. Tract:0005.
Tract:0006. Tract:0007. Tract:0008. Tract:0010.95 TractOOll. Tract:0012. Tract:0013.

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JOURNAL OF THE SENATE

Tract:0014. Tract:0015. Tract:0019. Tract:0020. Tract:0021. Tract:0022. Tract:0023. Tract:0024. Tract:0025. Tract:0026. Tract:0027. Tract:0035.
Block: 103, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142
Block Group:2 Tract:0036. Tract:0037. Tract:0038. Tract:0039. Tract:0040. Tract:0041. Tract:0042.95 Tract:0043. Tract:0044. Tract:0046.95 Tract:0048. Tract:0049.95
Block Group:! Block Group:2 Block Group:3 Block: 601, 609, 613 Tract:0053. Block: 401 Tract:0055.01 Tract:0055.02 Tract:0056. Tract:0057. Tract:0058. Tract:0060. Tract:0061. Tract:0062. Tract:0063. Tract:0065. Tract:0066.01 Tract:0066.02 Tract:0067. Tract:0068.02 Tract:0070. Tract:0071. Tract:0072. Tract:0073. Tract:0074. Tract:0075. Tract:0076.01 Tract:0076.02

MONDAY, SEPTEMBER 11, 1995

2785

Tract:0077.01
Tract:0077.02
Tract:0078.02 Tract:0078.03
Tract:0078.04
Tract:0079. Tract:0080.
Tract:0081.01 Tract:0081.02 Tract:0082.01 Tract:0082.02
Tract:0083.01 Tract:0083.02 Tract:0084. Tract:0085. Tract:0086.01 Tract:0086.02 Tract:0087.01 Tract:0087.02 Tract:0088. Tract:0089. Tract:0090. Tract:0091. Tract:0092. Tract:0093.
Tract:0094.01 Tract:0094.02 Tract:0095. Tract:0096. Tract:0097. Tract:0098. Tract:0099. Tract:0100. Tract:0101.01 Tract:0101.03
Block Group:!
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7
Block: 802, 803, 805, 806, 807, 808, 809, 810, 811, 812, 815, 816, 817, 818, 819, 820, 821, 822
Tract:0102.01 Tract:0102.03
Block Group:! Tract:0102.04
Block Group:3 Block Group:4 Block Group:5 Block: 601, 605, 699 Block Group:7 Block Group:8 Tract:0102.05 Block Group:2

2786

JOURNAL OF THE SENATE

Block Group:3 Block Group:4
Block: 501, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514 Block Group:? Tract:0103.01 Tract:0103.02 Tract:0104. Tract:0105.03 Tract:0105.04 Tract:0105.05 Tract:0105.06 Tract:0106.01 Tract:0106.02 Tract:0107. Tract:0108. Tract:0109. Tract:0110. Tract:0111. Tract:0112.01 Tract:0112.02 Tract:0113.01 Tract:0113.02
District No. 6
CHEROKEE Tract:0907. Block: 511 Tract:0908. Block: 799 Tract:0909.03 Tract:0910.01 Block: 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 199 Block Group :2 Block Group:3 Tract:0910.02 Block Group:! Block Group:2 Block: 301, 302, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B, 399 Tract:0910.03 Block Group:! Block Group:2
COBB Tract:0301.98 Tract:0302.03 Tract:0302.04 Tract:0302.05 Tract:0302.06 Tract:0302.07 Tract:0303.02 Tract:0303.07 Tract:0303.09 Tract:0303.10 Tract:0303.11 Tract:0303.12 Tract:0303.13

MONDAY, SEPTEMBER 11, 1995

2787

Tract:0303.14
Tract:0303.15
Tract:0303.16 Tract:0303.17
Tract:0303.18 Tract:0303.19 Tract:0303.20
Tract:0303.21
Block Group:2 Block Group:3 Block: 401, 402A, 402B, 402C, 403A, 403B, 403C, 404B, 405B, 406B, 408B, 412, 413 Block Group:5 Block Group:6 Block Group:9 Tract:0304.01 Tract:0304.02 Tract:0304.04 Tract:0304.05 Tract:0304.06 Tract:0305.01 Tract:0305.02 Tract:0305.03 Tract:0306. Tract:0307. Tract:0308. Tract:0309.01
Tract:0309.02 Tract:0309.03 Tract:0310.01
Block Group:! Block Group:2 Block: 901, 902, 903, 904, 905, 906, 907A, 907B, 908A, 908B, 909A, 909B, 910A,
910B, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 911, 912, 913,914,915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 999
Tract:0310.02 Tract:0310.03 Tract:0311.01
Block Group:! Block: 302, 303, 311, 312, 313, 314, 315
Tract:0311.05 Block: 101,102,103,104,105A, 105B, 106,107A, 107B, 108,109,110, 111, 112,113, 114, 115,116A, 116B, 116C, 116D, 116E, 116F, 116G, 117,118,119, 120,121,122, 123, 124A, 124B, 125,126A, 126B, 126C, 127,128A, 128B, 129, 130A, 130B, 130C, 131, 132, 134, 135A, 135B, 135C, 136A, 136B, 136C, 137A, 137B, 138, 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 627, 699, 699
Tract:0311.06 Tract:0311.07
Block: 315B, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409B, 409C, 409D, 410, 411, 412, 413, 414, 415, 416B, 417, 418B, 419, 420, 421A, 421B, 422, 499
Tract:0102.05 Block: 502
Tract:0114.03 Tract:0114.04 Tract:0114.05

2788

JOURNAL OF THE SENATE

Tract:0114.06 Tract:0114.07 Tract:0114.08
Block Group:! Block: 201B, 201C, 203B, 203C, 203D, 204, 205, 206A, 206B, 207, 208A, 208B, 299 Block Group:3 Block Group :4 Block: 501D, 502, 601B, 602B, 602C, 603, 604, 605, 606, 607, 608, 699 Tract:0114.09 Block Group:2 Block Group:3 Block Group:5 Block Group:6 Block Group:7 Tract:0114.10 Tract:0114.11 Tract:0115. Tract:0116.01 Block Group:! Block Group:2 Block: 301, 302A, 302B, 302C, 303B, 304A, 304B, 305C, 305D, 306, 307, 308, 309,
310, 311, 399 Block Group:4 Block: 501, 502, 503B, 504B, 504C, 504D, 504E, 505A, 505B, 506 Block Group:6 Tract:0116.02 Block: 708B, 708C, 709C, 709D
District No. 7
BARTOW CARROLL CATOOSA CHATTOOGA BADE FLOYD GORDON HARALSON HEARD MURRAY PAULDING POLK WALKER WHITFIELD
District No. 8
ATKINSON BEN-HILL BERRIEN BIBB BLECKLEY CLINCH COFFEE COLQUITT COOK CRISP DODGE ECHOLS

MONDAY, SEPTEMBER 11, 1995

2789

HOUSTON IRWIN JONES LANIER LAURENS PULASKI TELFAIR TIFT TURNER TWIGGS WILCOX WORTH
District No. 9
BANKS BARROW CHEROKEE
Tract:0901. Tract:0902. Tract:0903. Tract:0904. Tract:0905. Tract:0906. Tract:0907.
Block Group:! Block Group:2 Block Group:3 Block Group :4 Block: 501A, 501B, 502A, 502B, 502C, 503A, 503B, 503C, 503D, 504A, 504B, 504C,
505, 506, 507, 508, 509, 510, 599A, 599B
Block Group:6 Tract:0908.
Block Group:!
Block Group:2 Block Group:3 Block Group :4 Block Group:5 Block Group:6 Block: 701, 702, 703, 704, 705 Tract:0909.01 Tract:0909.02 Tract:0910.01 Block: 199 Tract:0910.02 Block: 303, 304, 305, 306, 307, 308, 309, 310
Tract:0910.03 Block Group:3
Tract:0911.01 Tract:0911.03 Tract:0911.98 Tract:0912.98 CLARKE DAWSON FANNIN FORSYTH FRANKLIN GILMER

2790

JOURNAL OF THE SENATE

HABERSHAM HALL HART JACKSON LUMPKIN MADISON PICKENS RABUN STEPHENS TOWNS UNION WHITE
District No. 10
BULLOCH BURKE CANDLER COLUMBIA EFFINGHAM ELBERT EMANUEL GLASCOCK JEFFERSON JENKINS JOHNSON LINCOLN MCDUFFIE MORGAN OCONEE OGLETHORPE RICHMOND SCREVEN WALTON WASHINGTON WILKES WILKINSON
District No. 11
BALDWIN BUTTS DEKALB
Tract:0205. Tract:0206.
Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Block Group:2 Block Group:3 Tract:0207. Block Group:! Block: 201,202, 203, 204, 205,206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216 Tract:0208. Tract:0209. Tract:0217.04 Block: 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Block Group:9 Tract:0218.05 Block: 210,229 Block Group :4

MONDAY, SEPTEMBER 11, 1995

2791

Tract:0218.06 Block: 137, 139, 199
Tract:0219.02 Block Group:4
Tract:0219.03 Tract:0219.04
Tract:0219.05 Tract:0220.01 Tract:0220.02 Tract:0220.04
Tract:0220.05 Tract:0221. Tract:0222.
Block Group:!
Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 605, 606, 607, 608, 609B, 610B, 611, 612, 613, 614
Tract:0223.02 Block: 310
Tract:0225. Block: 309, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 411
Tract:0226. Block: 304B
Tract:0227. Tract:0228.
Block: 105, 107, 108, 109, 110, 111, 112, 113, 114
Block Group:2 Block Group:3 Block: 403, 404, 405, 409, 414 Tract:0229. Tract:0230. Tract:0231.01 Tract:0231.02
Tract:0231.03 Tract:0231.05 Tract:0231.06
Tract:0232.03 Tract:0232.04 Tract:0232.05 Tract:0232.06 Tract:0232.07 Tract:0233.02
Tract:0233.03 Tract:0233.05 Tract:0233.06 Tract:0233.07 Tract:0233.08 Tract:0234.03 Tract:0234.04 Tract:0234.05 Tract:0234.07 Tract:0234.08 Tract:0234.09 Tract:0235.01

2792

JOURNAL OF THE SENATE

Tract:0235.02 Tract:0235.03 Tract:0236. Tract:0237. Tract:0238.01 Tract:0238.02 Tract:0238.03 Tract:0239.98 FULTON Tract:0016. Tract:0017. Tract:0018. Tract:0028. Tract:0029, Tract:0030. Tract:0031. Tract:0032. Tract:0033. Tract:0035.
Block: 101, 102, 104, 105, 106, 118 Tract:0049.95
Block Group:4 Block Group:5
Block: 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract:0050. Tract:0052. Tract:0053.
Block Group:! Block Group:2 Block Group:3
Block: 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 Block Group :5 Tract:0064. Tract:0068.01 Tract:0069. GREENE HANCOCK JASPER MONROE NEWTON PUTNAM ROCKDALE TALIAFERRO WARREN

MONDAY, SEPTEMBER 11, 1995

2793

CLIENT PLAN

: CONGRESS : CONF3

OPERATOR : state

DATE: September 11, 1995 TIME: 9:36 AM

COMMENTS:

(NOTE: VAP = Voting Age Population)

District Number

Total Pop % Deviation

Black Pop % of Total

VAP % of Total

Black VAP % of VAP

1

589265

176596

425753

116366

0.06

29.97

72.25

27.33

2

593513

266871

420391

172620

0.78

44.96

70.83

41.06

3

594234

117157

430097

77043

0.90

19.72

72.38

17.91

4

590090

42070

448039

30792

0.20

7.13

75.93

6.87

5

586260

332471

444427

230669

-0.45

56.71

75.81

51.90

6

591103

42558

438317

29267

0.37

7.20

74.15

6.68

7

584478

45300

430157

30793

-0.76

7.75

73.60

7.16

8

586296

182795

421437

117562

-0.45

31.18

71.88

27.90

9

590078

51917

444396

35259

0.20

8.80

75.31

7.93

10

588911

194314

423232

127439

-0.00

33.00

71.87

30.11

11

583988

294516

424667

200332

-0.84

50.43

72.72

47.17

Totals

6478216

1746565

4750913

1168142

Number of Districts Members Per District Ideal District Size Average Deviation (%) Deviation Range (%) Overall Deviation (%)

11 1
588929 0.45 -0.84 to 0.90 1.74

( DATA SOURCE: 1990 US Census PL94-171 Population Counts

)

(

NOTE: Districts numbered > 200 are used as special accumulators. )

(

They are not included in avg or % range calculations.

)

Senator Edge of the 28th moved that the Senate suspend the portion of Senate Rule 156 requiring a Conference Committee report to be printed and distributed one (1) hour
before being considered by the Senate.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen

Burton Cagle Cheeks Clay Crotts

Day Edge Egan Farrow Gillis

2794

JOURNAL OP THE SENATE

Gochenour Griffin Guhl Harbison 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 Thomas Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Black (excused) Broun of 46th Brown of 26th

Dean Henson (excused) Oliver

Scott Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and Senate Rule 156 was suspended.

Senator Blitch of the 7th moved that the Senate adopt the Second Conference Commit tee report on HB SEX.

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

Those voting in the affirmative were Senators:

Blitch Dean Hooks

Marable Perdue Ragan

Ray Starr

Those voting in the negative were Senators:

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

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

McGuire Middleton Newbill Pollard Ralston Scott Slotin Stokes Tanksley Taylor Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Black (excused) Henson (excused)

Oliver

Walker

On the motion, the yeas were 8, nays 44; the motion lost, and the Senate rejected the Second Conference Committee report on HB SEX.

MONDAY, SEPTEMBER 11, 1995

2795

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has rejected the 2nd report of the Committee of Conference on the following bill of the House:
HB SEX. By Representatives Smith of the 169th, Holland of the 157th and Perry of the llth:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections and primaries generally, so as to provide definitions and descriptions for use in designating congressional districts; to provide for the description of congressional districts.
At 2:10 P.M., the President announced that the Senate would stand in recess until 3:00 P.M. today.
Senator Ray of the 19th, President Pro Tempore, called the Senate to order at 3:00 P.M. and announced that the Senate would stand in recess until 5:00 P.M.
The President called the Senate to order at 5:00 P.M. and announced that the Senate would stand in recess until 8:30 P.M.
The President called the Senate to order at 8:30 P.M.
The following resolution of the Senate was read and adopted:
SR 48EX. By Senator Dean of the 31st:
A resolution expressing regret at the passing of Mr. Horace Philpot.
The President announced that the Senate would again stand in recess.
The President called the Senate to order at 12:52 A.M. Senator Perdue of the 18th moved that the Senate adjourn until 1:00 P.M. tomorrow; the motion prevailed, and at 12:55 A.M., the President announced the Senate adjourned.

2796

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, September 12, 1995 Twentieth Legislative Day

The Senate met pursuant to adjournment at 1:00 P.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.

Senator Edge of the 28th moved that Senator Black of the 53rd be excused from the Senate today due to illness.
On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Black was excused.

Senator Ralston of the 51st moved that Senator Henson of the 55th be excused from the Senate today in order to attend to business matters.
On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Henson was excused.

Senator Edge of the 28th moved that Senator Glanton of the 34th be excused from the Senate today to attend to business in her district.
On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Glanton was excused.

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

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

Egan Gillis
Gochenour Guhl Hill
Hooks Isakson James Johnson of 1st 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:

Black (excused) Farrow Glanton (excused) Griffin

Harbison Henson (excused) Johnson of 2nd Kemp

Oliver Scott Thomas

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator McGuire of the 30th served as chaplain of the day, and offered devotional and prayer.

TUESDAY, SEPTEMBER 12, 1995

2797

At 1:25 P.M., the President announced that the Senate would stand in recess subject to the call of the Chair.
The President called the Senate to order at 2:00 P.M.
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 91EX. By Representative Murphy of the 18th: A resolution relative to adjournment.

Senator Walker of the 22nd moved that Senator Griffin of the 25th be excused from the Senate today in order to attend to business in his district.
On the motion, the yeas were 44, nays 0; the motion prevailed, and Senator Griffin was excused.
The following resolution of the House was read and put upon its adoption:

HR 91EX. By Representative Murphy of the 18th:
A resolution relative to adjournment sine die of the General Assembly at 3:00 P.M. on Tuesday, September 12, 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 Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Farrow Gillis
Guhl

Harbison Hill Hooks Isakson Land Langford Madden Marable Middleton Newbill Oliver Perdue Pollard

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

Those voting in the negative were Senators:

Balfour Boshears Cagle Day Egan

Glanton
Gochenour James
Johnson of 2nd

Johnson of 1st
Kemp McGuire
Ralston

Those not voting were Senators:

Black (excused)

Griffin (excused)

Henson (excused)

2798

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 40, nays 13.
The resolution, having received the requisite constitutional majority, was adopted. Pursuant to the provisions of HR 91EX, the President announced the Senate adjourned sine die at 3:00 P.M. on Tuesday, September 12, 1995.

INDEX

2799

Senate Journal Index
1995 Special Session

INDEX

2801

NUMERIC INDEX

SENATE BILLS
SB 1EX--Pierce County; Probate Court; judge; nonpartisan election date. .................................... 2530, 2540, 2542, 2552
SB 2EX--Pierce County; Magistrate Court; chief magistrate; nonpartisan election date. ........................ 2530, 2540, 2542, 2552
SB 3EX---Senate Election Districts; reapportionment. ............. 2530, 2548, 2556, 2610, 2686, 2687, 2688
SB 4EX--Whitfield County; Magistrate Court; magistrates; nonpartisan election. ............................. 2530, 2548, 2550, 2670
SB SEX--Whitfield County; Probate Court; judge; nonpartisan elections. .............................................. 2530, 2548, 2550
SB 6EX--Forsyth County; Ad Valorem Taxes; homestead exemption; age, income. ................................ 2540, 2550, 2684
SB 7EX--Congressional Election Districts; reapportionment. ................... 2540 SB SEX--Soperton, City of; council election districts;
staggered terms. ................................. 2554, 2668, 2669, 2683 SB 9EX--Carroll County; Magistrate Court; chief magistrate;
nonpartisan election. ....................... 2679, 2690, 2691, 2693, 2746

2802

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR 1EX--Senate; Adopt Rules for 1995 Special Session of the General Assembly. .......................................... 2528
SR 2EX--Notify House of Representatives; Senate convened Special Session. ................................................... 2529
SR SEX--Notify Governor; General Assembly convened 1995 Special Session. ........................................ 2529, 2538
SR 4EX--Real Estate Brokers, National Association Convention; recognize. ............................................. 2541
SR SEX--Newnan High School Football Coach Max Bass; commend. ............ 2541 SR 6EX--Augusta Boxing Club; commend. ............................. 2541, 2555 SR 7EX--Mitchem, Brandon of Augusta; commend. ..................... 2541, 2555 SR SEX--Durst, Frank of Augusta; commend. .......................... 2541, 2555 SR 9EX--Hudson, Jacob of Augusta; commend. ......................... 2541, 2555 SR 10EX--Financial Accountability and Control Among
Local Boards of Education Study Committee. ....... 2545, 2666, 2672, 2673 SR HEX--Joint Study Committee on Housing for the
Elderly in DeKalb County. ......................................... 2545 SR 12EX--Thomas, Jeanie, Senate Research Deputy Director;
commend. .................................................. 2546, 2555 SR 13EX--Recommend Designation of Raymond R. Lester
Wildlife Management Area. ........................................ 2549 SR 14EX--Maddox, Honorable Lester, 80th Birthday;
recognizing. ...................................................... 2549 SR 15EX--Urging Restraint in Reapportioning State
Legislative Districts. .............................................. 2548 SR 16EX--Dawson, Christine B.; commend. ................................... 2666 SR 17EX--Driver Training; urge adoption to promote
safe driving skills. ................................................ 2666 SR 18EX--Johnson High School in Gainesville; recognizing. ..................... 2668 SR 19EX-Jeff Davis All-Stars Baseball Team; commend. ....................... 2668 SR 20EX--Gannaway, Edwin Craig, ASA Pilot; commend
heroic sacrifice. ................................................... 2672 SR 21EX--Friendship Baptist Church 100th Anniversary; commend. ............ 2672 SR 22EX--General Assembly; Adjournment; August 25
to August 28. ............................................... 2677, 2678 SR 23EX---Concord Baptist Church; commend. ................................. 2680 SR 24EX--Antioch Baptist Church; commend. ................................. 2687 SR 25EX--Johnson, Diane Harvey, Senator; birthday wishes. ................... 2687 SR 26EX--Polk County; School Bus Drivers; commend. ....................... . 2735 SR 27EX--Paulding County; School Bus Drivers; commend. ..................... 2735 SR 28EX--Cartersville, City of; School System Bus Drivers; commend. ........... 2735 SR 29EX--Bremen, City of; School System Bus Drivers; commend. .............. 2735 SR 30EX--Haralson County; School Lunchroom Workers; commend. ............. 2735 SR 31EX--Haralson County; School Bus Drivers; commend. .................... 2735 SR 32EX--Bartow County; School Bus Drivers; commend. ...................... 2735 SR 33EX--Polk County; School Lunchroom Workers; commend. ................. 2735 SR 34EX--Cartersville, City of; School System Lunchroom
Workers; commend. ............................................... 2735 SR 35EX--Bremen, City of; School System Lunchroom
Workers; commend. ............................................... 2736 SR 36EX--Paulding County; School Lunchroom Workers; commend. ............. 2736 SR 37EX--Bartow County; School Lunchroom Workers; commend. ............... 2736

INDEX

2803

SR 38EX--Scott, Jack; regrets at the passing. ................................. 2739
SR 39EX--Morehouse School of Medicine Master of Public Health Program; commend. ........................................ 2739
SR 40EX--General Assembly; Adjournment; August 31 to September 6. ................................................... 2739
SR 41EX--Clark, Dusty Rogers; expressing regrets at the passing. .............. 2744 SR 42EX--Matthews, Tyre Grigsby; recognizing. ............................... 2744 SR 43EX--Gillis, Hugh, State Senator; 77th birthday greetings. ................. 2744 SR 44EX--Cedartown, City of; W.D. Trippe Bridge; requesting
designation of. .................................................... 2746 SR 45EX--Ripken, Cal, Jr.; congratulating..................................... 2746 SR 46EX--General Assembly; Adjournment; September 8;
sine die. ................................................... 2771, 2772 SR 47EX--Dumas, Nathan; Eagle Scout; commend. ............................ 2774 SR 48EX--Philpot, Horace; expressing regrets at the passing. ................... 2795

2804

JOURNAL OF THE SENATE

HOUSE BILLS

HB 2EX--Camden County; Magistrate Court; chief magistrate; nonpartisan elections. .................................. 2543, 2548, 2550
HB SEX--Lumpkin, City of; corporate limits; deannex certain area................................ 2543, 2548, 2680, 2683, 2740
HB 4EX--Camden County; Probate Court; judge; nonpartisan elections. ........................................ 2543, 2544, 2548, 2550
HB 6EX--Mitchell County; Board of Education; filling of vacancies. ..................................... 2543, 2544, 2548, 2550
HB 7EX--House of Representatives; election districts; reapportionment. ................................ 2675, 2678, 2684, 2685
HB SEX--Congressional Election Districts; reapportionment. ..... 2677, 2678, 2686, 2693, 2694, 2714, 2730, 2731, 2736, 2738, 2740, 2741, 2749, 2767, 2768, 2769, 2775, 2794, 2795
HB 9EX--Carroll County; Commissioners; chairperson; county manager, comptroller; referendum. ................ 2547, 2665, 2666
HB 10EX--Driving Under the Influence, DUI; testing suspected drivers. ................................ 2543, 2544, 2545, 2551
HB HEX-^Iackson, City of; new charter. ........................... 2556, 2672, 2673
HB 12EX--Pulaski County; board of education; increase per diem. ....................................... 2547, 2686, 2688, 2689
HB 16EX--Laurens County; Probate Court; judge; nonpartisan elections. ........................................ 2552, 2553, 2665, 2666
HB 18EX--Lithia Springs, City of; Mayor; ex officio member, certain county boards. ......................... 2670, 2672, 2673
HB 19EX--Lithia Springs, City of; Community Improvement Districts; creation. ............................... 2670, 2671, 2672, 2673
HB 20EX--Upson County; Probate Court; date of nonpartisan elections. ........................................ 2670, 2671, 2672, 2673
HB 22EX--Laurens County; Magistrate Court; chief magistrate; nonpartisan elections. ............................ 2670, 2671, 2672, 2673
HB 24EX--Paulding County; County Officials and Employees; method to appoint and remove.......... 2674, 2675, 2690, 2691, 2693, 2738
HB 25EX--Acworth, City of; change corporate limits. .......... 2674, 2675, 2742, 2744 HB 27EX--Atlanta-Fulton Family Connection Authority; creation. ............... 2676 HB 29EX--Chatham-Savannah Youth Futures Authority;
members; terms; vacancies. ....................... 2732, 2733, 2742, 2744 HB 30EX--Tallapoosa Recreation Authority; creation. .............. 2732, 2733, 2742,
2744, 2745, 2746
HB 31EX--Columbia County; board of education; nonpartisan elections. .............................................. 2733, 2742, 2744

INDEX

2805

HOUSE RESOLUTIONS

HR 1EX--House of Representatives; Convened Special Session; notify Senate. ............................................ 2530
HR 14EX--General Assembly; Adjournment; August 18 to August 21. ..................................................... 2553
HR 44EX--General Assembly; Adjournment; August 30 to September 6. ............................................. 2740, 2741
HR 80EX--General Assembly; Adjournment; September 9 to September 11................................................... 2773
HR 91EX--General Assembly; Adjournment; sine die September 12, 1995. ...................................................... 2797, 2798

2806

JOURNAL OF THE SENATE

ALPHABETIC INDEX

ACWORTH, CITY OF; change corporate limits. ........................... HB 25EX

ADJOURNMENT General Assembly; August 18 to August 21. ............................. HR 14EX General Assembly; August 25 to August 28. .............................. SR 22EX General Assembly; August 30 to September 6. ........................... HR 44EX General Assembly; August 31 to September 6. ................... SR 40EX General Assembly; September 8; sine die. ................................ SR 46EX General Assembly; September 9 to September 11. ........................ HR 80EX General Assembly; sine die September 12, 1995. ......................... HR 91EX

ALCOHOLIC BEVERAGES AND ALCOHOLISM; DUI; suspected drivers; administration of chemical tests; notice. ................................. HB 10EX

ANTIOCH BAPTIST CHURCH; commend.

SR 24EX

ATLANTA-FULTON FAMILY CONNECTION AUTHORITY; creation.

HB 27EX

AUGUSTA BOXING CLUB Commend. .............................................................. SR 6EX Members Introduced .................................................. Page 2555

BARTOW COUNTY School Bus Drivers; commend. ............... School Lunchroom Workers; commend. .......
BREMEN, CITY OF School System Bus Drivers; commend. ....... School System Lunchroom Workers; commend.

SR 32EX SR 37EX
SR 29EX SR 35EX

CAMDEN COUNTY Magistrate Court; chief magistrate; nonpartisan elections. ................. HB 2EX Probate Court; judge; nonpartisan elections. .............................. HB 4EX

CARROLL COUNTY

Commissioners; chairperson; county manager, comptroller; referendum.

HB 9EX

Magistrate Court; chief magistrate; nonpartisan election. ................... SB 9EX

CARTERSVTLLE, CITY OF School System Bus Drivers; commend. ................................... SR 28EX School System Lunchroom Workers; commend. ............................ SR 34EX

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INDEX

2807

CEDARTOWN, CITY OF; W.D. Trippe Bridge; requesting designation of. . . SR 44EX

CHAPLAINS Anderson, Reverend Damone, Jr. .................................. Beavers, Reverend Jackey ........................................ Crawford, Reverend Robert ....................................... Crews, Representative Ron ........................................ Glanton, Senator Pam; served as chaplain .......................... Harris, Reverend Jackie .......................................... Hill, Mr. Matthew ................................................ Jeffrey, Major David .............................................. McGuire, Senator Perry; served as chaplain ........................ Mills, Reverend Frank ............................................ Mincey, Reverend Franklin ....................................... Nimmons, Dr. Billy .............................................. Pollard, Senator Jake; served as chaplain .......................... Ray, Reverend Marshall .......................................... Tatum, Reverend John ........................................... Tripp, Reverend Marcus .......................................... Turner, Dr. Len .................................................. Walker, Reverend Kenneth ....................................... Watts, Reverend Garland, Jr. ..................................... Wilkinson, Father Bruce ..........................................

Page 2546 . Page 2677 Page 2691 . Page 2773 . Page 2668 Page 2672 Page 2771 Page 2735 Page 2976 . Page 2666 . Page 2672 Page 2539 . Page 2555 Page 2549 . Page 2541 Page 2680 Page 2687 Page 2748 Page 2527 Page 2743

CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITY; members; terms; vacancies. ......................................... HB29EX

CLARK, DUSTY ROGERS; expressing regrets at the passing.

....

SR 41EX

COLUMBIA COUNTY; board of education; nonpartisan elections. ....... HB 31EX

COMMITTEE OF THE WHOLE SENATE; resolved to hear Assistant Attorney General Dennis Dunn on reapportionment .......... Page 2668

COMMITTEES, STUDY Financial Accountability and Control Among Local Boards of Education. Housing for the Elderly in DeKalb County, Joint Study Committee.

SR 10EX SR HEX

CONCORD BAPTIST CHURCH; commend.

SR 23EX

CONGRESS, U.S. Congressional Election Districts; reapportion. ......................... Congressional Election Districts; reapportion. .........................

SB 7EX HB8EX

D

DAWSON, CHRISTINE B.; commend.

SR 16EX

DEKALB COUNTY; Housing for the Elderly; joint committee to study.

SR HEX

DOCTORS OF THE DAY

Fitzgerald, Dr. Brenda ............................................

Page 2685

Hoose, Dr. Ken ......................................................... Page 2732

Hutchinson, Dr. J.R.B. "Jim" ............................................. Page 2556

Kaufmann, Dr. James ................................................... Page 2544

Lanier, Dr. Bob ......................................................... Page 2545

Malcolm, Dr. Ed, Jr. ..................

Pages 2678, 2769

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2808

JOURNAL OF THE SENATE

DOCTORS OF THE DAY (Continued) Maxey,Dr. Joy ....................................................... Page 2668 Mayes, Dr. Alva, Jr. ................................................... Page 2675 Riley, Dr. Wells ....................................................... Page 2686 Robinson, Dr. Tammy ................................................. Page 2741 Tillman, Dr. Ralph .................................................... Page 2667 Vandiver, Dr. Roy ..................................................... Page 2553 Williams, Dr. Robert .................................................. Page 2539
DOUGLAS COUNTY Certain County Boards; membership of mayor of Lithia Springs. .......... HB 18EX Community Improvement Districts; inclusion of Lithia Springs. ........... HB 19EX
DRIVER TRAINING; urge adoption to promote safe driving skills. .......... SR 17EX
DRIVING UNDER THE INFLUENCE, DUI; testing suspected drivers. .... HB 10EX
DUMAS, NATHAN; Eagle Scout; commend. ............................... SR 47EX
DURST, FRANK OF AUGUSTA; commend. ................................ SR SEX

E

EDUCATION; Local School Systems; financial accountability; study committee. ...................................................
ELECTIONS Congressional Election Districts; reapportionment. ............... Congressional Election Districts; reapportionment. ............... House of Representatives; election districts; reapportionment. ... Senatorial Election Districts; reapportionment. .................. Urging Restraint in Reapportioning State Legislative Districts. ...

SR 10EX
SB 7EX HB8EX HB7EX SB 3EX SR 15EX

FINANCIAL ACCOUNTABILITY AND CONTROL AMONG LOCAL BOARDS OF EDUCATION STUDY COMMITTEE.

SR 10EX

FORSYTE COUNTY; Ad Valorem Taxes; homestead exemption; age, income. . SB 6EX

FRIENDSHIP BAPTIST CHURCH 100TH ANNIVERSARY; commend. SR 21EX

G

GANNAWAY, EDWIN CRAIG, ASA PILOT; commend heroic sacrifice. ...... SR 20EX
GENERAL ASSEMBLY Adjournment; August 18 to August 21. .................................. HR 14EX Adjournment; August 25 to August 28. ................................... SR 22EX Adjournment; August 30 to September 6. ................................ HR 44EX Adjournment; August 31 to September 6. ................................. SR 40EX
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INDEX
GENERAL ASSEMBLY (Continued) Adjournment; September 8; sine die. ........................ Adjournment; September 9 to September 11.................. Adjournment; sine die September 12, 1995. .................. House of Representatives; election districts; reapportion. ...... Senate Election Districts; reapportionment. .................. Urging Restraint in Reapportioning State Legislative Districts.
GDLLIS, HUGH, STATE SENATOR; 77th birthday greetings. . GOVERNOR
Proclamation calling special session ......................... Zell Miller; vetoes 1995 regular session ..................... Zell Miller; vetoes 1995 session, line item; appropriations ....
H
HARALSON COUNTY School Bus Drivers; commend....................... School Lunchroom Workers; commend. ..............
HOUSE OP REPRESENTATIVES Convened Special Session; notify Senate. ............ Reapportionment of Representative Election Districts.
HUDSON, JACOB OF AUGUSTA; commend.

2809
SR 46EX HR80EX HR 91EX
HB 7EX . SB 3EX SR 15EX . SR 43EX
. Page 2525 . Page 2531 Page 2535
SR 31EX SR 30EX
HR 1EX HB7EX SR 9EX

JACKSON, CITY OF; new charter. ...................................... HB HEX

JEFF DAVIS ALL-STARS BASEBALL TEAM; commend.

SR 19EX

JOHNSON, DIANE HARVEY, SENATOR; birthday wishes. ............... SR 25EX

JOHNSON HIGH SCHOOL EN GAINESVILLE; recognizing.

SR 18EX

JOINT STUDY COMMITTEE ON HOUSING FOR THE ELDERLY IN DEKALB COUNTY. ................................................... SR HEX

LAURENS COUNTY Magistrate Court; chief magistrate; nonpartisan elections. ................ HB 22EX Probate Court; judge; nonpartisan elections. ............................. HB 16EX
LAW ENFORCEMENT OFFICERS ADMINISTERING TESTS TO DETERMINE DUI; duties. ............................................ HB 10EX
LESTER, RAYMOND R. WILDLD7E MANAGEMENT AREA; recommend designation of. ......................................................... SR 13EX
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2810

JOURNAL OF THE SENATE

LITHIA SPRINGS, CITY OF Community Improvement Districts; creation. .............. Mayor; ex officio member, certain county boards. ...........
LUMPKIN, CITY OF; corporate limits; deannex certain area.

HB 19EX HB 18EX
HB3EX

M

MAODOX, HONORABLE LESTER, 80TH BIRTHDAY; recognizing. ... . SR 14EX

MATTHEWS, TYRE GRIGSBY; recognizing. .............................. SR 42EX

MITCHELL COUNTY; Board of Education; filling of vacancies. ............. HB 6EX

MITCHEM, BRANDON OF AUGUSTA; commend.

SR 7EX

MOREHOUSE SCHOOL OF MEDICINE MASTER OF PUBLIC HEALTH PROGRAM; commend. ................................................. SR 39EX

MOTOR VEHICLES AND TRAFFIC; DUI; testing of suspected drivers. HB 10EX

N NEWNAN HIGH SCHOOL FOOTBALL COACH MAX BASS; commend. SR SEX

PAULDING COUNTY County Officials and Employees; method to appoint and remove. .......... HB 24EX School Bus Drivers; commend............................................ SR 27EX School Lunchroom Workers; commend. ................................... SR 36EX
PHBLPOT, HORACE; expressing regrets at the passing. .................... SR 48EX
PIERCE COUNTY Magistrate Court; chief magistrate; nonpartisan election date. ............... SB 2EX Probate Court; judge; nonpartisan election date. ........................... SB 1EX
POLK COUNTY Recommend Designation of Raymond R. Lester Wildlife Management Area. . SR 13EX School Bus Drivers; commend............................................ SR 26EX School Lunchroom Workers; commend. ................................... SR 33EX
PROCLAMATION BY GOVERNOR CALLING SPECIAL SESSION PAGE 2525
PUBLIC OFFICERS AND EMPLOYEES Congressional Election Districts; reapportionment. ......................... SB 7EX Congressional Election Districts; reapportionment. ........................ HB SEX General Assembly; House of Representatives; reapportion districts. ......... HB 7EX General Assembly; Senate election districts; reapportion. ................... SB SEX Urging Restraint in Reapportioning State Legislative Districts. ............. SR 15EX
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INDEX

2811

PULASKI COUNTY; board of education; increase per diem. ................ HB 12EX

R

REAL ESTATE BROKERS, NATIONAL ASSOCIATION CONVENTION; recognize. .............................................................. SR 4EX
REAPPORTIONMENT Congressional Election Districts; reapportion. .............................. SB 7EX Congressional Election Districts; reapportion. ............................. HB SEX House of Representatives; election districts; reapportion. ................... HB VEX Senatorial Election Districts; reapportionment. ............................ SB SEX Urging Restraint in Reapportioning State Legislative Districts. ............. SR 15EX
RIPKEN, CAL, JR.; congratulating. ...................................... SR 45EX
RULES OF THE SENATE; Adopt for special session ...................... Page 2528

SCOTT, JACK; regrets at the passing. .................................... SR 38EX
SENATE Adopt Rules for Special Session ........................................ Page 2528 Adopt Rules for 1995 Special Session of the General Assembly. .............. SR 1EX Morning Roll Call; dispensed with .................... Pages 2665, 2668, 2672, 2676 Morning Roll Calls ........... Pages 2527, 2539, 2540, 2545, 2548, 2554, 2665, 2668, 2672, 2676, 2679, 2687, 2690, 2734, 2742, 2747, 2770, 2773, 2774, 2796 Notify Governor; General Assembly convened 1995 Special Session. .......... SR SEX Notify House of Representatives; Senate convened Special Session. .......... SR 2EX Senatorial Election Districts; reapportion. ................................. SB SEX
SENATOR ABERNATHY Excused due to illness ................................................. Page 2747 Statement on roll calls ................................................. Page 2677
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2812

JOURNAL OF THE SENATE

SENATOR BLACK; Excused for health reasons ............... Pages 2686, 2774, 2796
SENATOR BROWN; Excused due to Senate business ..................... Page 2770
SENATOR BURTON; Excused; medical reasons ................... Pages 2665, 2770
SENATOR CLAY; Statement on morning roll call .................. Pages 2743, 2748
SENATOR CROTTS; Excused due to personal business ................... Page 2770
SENATOR DAY; Statement on morning roll calls ....... Pages 2546, 2680, 2743, 2748
SENATOR DEAN; Excused due to business .............................. Page 2665
SENATOR EDGE; Excused due to business .............................. Page 2665
SENATOR FARROW; Excused due to family illness ................ Pages 2747, 2770
SENATOR GILLIS; Statement on morning roll call ....................... Page 2735
SENATOR GLANTON; Excused, business in district ...................... Page 2796
SENATOR GRIFFIN; Excused, business in district ....................... Page 2797
SENATOR HENSON; Excused due to business ............... Pages 2665, 2774, 2796
SENATOR HILL Excused due to business ............................................... Page 2665 Statement on roll call ................................................. Page 2679
SENATOR JOHNSON, ERIC Excused; called out of town on business ................................. Page 2734 Excused due to family emergency ................................ Pages 2747, 2770
SENATOR KEMP Excused for personal reasons .................................... Pages 2545, 2770 Statement on morning roll call ......................................... Page 2549
SENATOR LANGFORD; Excused due to business ........................ Page 2770
SENATOR MADDEN; Excused for personal reasons ....................... Page 2554
SENATOR MTODLETON Excused due to Senate business ........................................ Page 2770 Statement on morning roll call .................................. Pages 2555, 2691
SENATOR NEWBILL; Statement on morning roll call..................... Page 2743
SENATOR OLIVER; Excused due to business ............................ Page 2665
SENATOR STARR; Appointed conferee on HB SEX while Senator Hill is on military duty ...................................................... Page 2773
SENATOR THOMPSON; Excused due to traffic .......................... Page 2734
SENATOR TURNER Excused; business in district ........................................... Page 2676 Statement on morning roll call ......................................... Page 2555
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INDEX SENATOR TYSINGER; Excused to attend funeral .............. SOPERTON, CITY OF; council election districts; staggered terms.

2813 Page 2734 . . SB SEX

TALLAPOOSA RECREATION AUTHORITY; creation.

HB 30EX

THOMAS, JEANIE, SENATE RESEARCH DEPUTY DIRECTOR; commend. ............................................................. SR 12EX

TRIPPE, W.D.; request designation of W.D. Trippe Bridge; Cedartown.

SR 44EX

u

UPSON COUNTY; Probate Court; date of nonpartisan elections.

HB 20EX

VETOES BY GOVERNOR 1995 regular session ......................... 1995 session; line item; general appropriations
w
WfflTFIELD COUNTY Magistrate Court; magistrates; nonpartisan election. Probate Court; judge; nonpartisan elections. .......

Page 2531 page 2535
SB 4EX SB SEX

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