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 1420 JOURNAL OF THE SENATE 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. 1422 JOURNAL OF THE SENATE 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. 1424 JOURNAL OF THE SENATE 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. 1426 JOURNAL OF THE SENATE 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. MONDAY, MARCH 13, 1995 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 1428 JOURNAL OF THE SENATE 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. MONDAY, MARCH 13, 1995 1429 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 1430 JOURNAL OF THE SENATE 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. MONDAY, MARCH 13, 1995 1431 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) 1432 JOURNAL OF THE SENATE *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. MONDAY, MARCH 13, 1995 1433 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 1434 JOURNAL OF THE SENATE 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. MONDAY, MARCH 13, 1995 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. 1436 JOURNAL OF THE SENATE (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. MONDAY, MARCH 13, 1995 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. 1438 JOURNAL OF THE SENATE 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 MONDAY, MARCH 13, 1995 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. 1440 JOURNAL OF THE SENATE 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 1442 JOURNAL OF THE SENATE 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 1444 JOURNAL OF THE SENATE 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 1446 JOURNAL OF THE SENATE 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. MONDAY, MARCH 13, 1995 1447 (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; 1448 JOURNAL OF THE SENATE (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 1449 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." 1450 JOURNAL OF THE SENATE 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 1451 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 1452 JOURNAL OF THE SENATE 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 1453 (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 1454 JOURNAL OF THE SENATE 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 1455 (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 1456 JOURNAL OF THE SENATE 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"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. 1590 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. 1598 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 1600 JOURNAL OF THE SENATE 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 TUESDAY, MARCH 14, 1995 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) 1602 JOURNAL OF THE SENATE 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. TUESDAY, MARCH 14, 1995 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; 1604 JOURNAL OF THE SENATE (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 TUESDAY, MARCH 14, 1995 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 1606 JOURNAL OF THE SENATE 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 1608 JOURNAL OF THE SENATE 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 1610 JOURNAL OF THE SENATE 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 1612 JOURNAL OF THE SENATE 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,". TUESDAY, MARCH 14, 1995 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 1614 JOURNAL OF THE SENATE 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 1616 JOURNAL OF THE SENATE 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 1618 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 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 iflhlv^-^tfll^li^li iM* ^utysfiotifintlv rfiouirfi for flu3- nrotprtion of tlif- n'ifinihfirs and &VS&ST iil GViCteu wlJiL u16 \JOOlllllSS10iier Slicill I13.Ve tf!6 flU'CilGrity tO reCjUli'c tOci OT SUCI1 16SS&F 3I110U111S 01 illi.tli.ill Hill SUl'pl 3.y 0.66111 {ic viScitt or iG protection 01 tliti il tilft ftlllu Call SilOW COilClUSlV6ly tllHt. ItS Ui^XiiilUill ctili'llicil li&ljility iSlGSS tH3. tO tI16 tOto.1 cl 11111131 pr6I!TilillliS^iOii6Ct6u. J.T16 SUl'plUS f^i^lllT6I11611tS 01 tfllS SUDScCTivii Liicij 06 S3.T>lSilfcil Oy &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 y COIltl LCL OtilOl lilliiil 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. 1820 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. 1822 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. 1824 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 1826 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 1828 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. 1830 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. 1832 JOURNAL OF THE SENATE (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. 1834 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 1836 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 15, 1995 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 1838 JOURNAL OF THE SENATE 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. 1840 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow 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. 1842 JOURNAL OF THE SENATE The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 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: 1844 JOURNAL OF THE SENATE (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. 1846 JOURNAL OF THE SENATE 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. 1848 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 15, 1995 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. 1850 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 WEDNESDAY, MARCH 15, 1995 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. 1852 JOURNAL OF THE SENATE 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 WEDNESDAY, MARCH 15, 1995 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. 1854 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 1856 JOURNAL OF THE SENATE 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. 1858 JOURNAL OF THE SENATE 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 1860 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 WEDNESDAY, MARCH 15, 1995 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. 1862 JOURNAL OF THE SENATE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 1864 JOURNAL OF THE SENATE 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. 1866 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 1868 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 1870 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. 1872 JOURNAL OF THE SENATE (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 1874 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 1876 JOURNAL OF THE SENATE 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. 1878 JOURNAL OF THE SENATE 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 ilijtiljf iii.y iniiiViuiiiil WiiOS^ iltill ' ~ CtulU'e IGlf t;XL)U.iiJtiiii(iiiL. 1880 JOURNAL OF THE SENATE 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 \^) W iLI iiii o U u.&yS 3.11^I7 111.6 XBpGI11 |J Lli'S UflilL tO t>Ou6 CJ6CT.IO11 Jiy~ i ~*j IS tttu& GT tilG illfltJptiilQtiiit 0.6Ctriill)[13.tiOil Dy tflfr liWSSti^JfltGi1 IS HlSufiT lG lliVcSLi^HLiOll Dy 3.11 fl.uU.S6 HlVGStl^fltOr. \i7~iS COmplGtfeu, tiltt/ iilV6StlSt01* Slicill ClSSSiI^y Lil6 iillci^ttQ cLL/U.S6 HS UllIOUli.Cl6Ci, COiV~ Ilt'iilSQ, OF u.HCOHIirill6u. S.11CI, II C13.SSiIlcu 3,5 1 \A/ U iWOliilClGQ , Xnfe fliDUSG IHV6Stl3.tOlv felitlil 110 u 013K.6 3 i'cjjOi't tO ttlS QIVIS10it, HOtWltllSI;3.Ilu.ifl SUDSCCLiOii \SL) 01 tlllS vJOClfi SSCtiOilj iDl SiOii etliu. iiiClLluti bLiCii ClHib vie/ iS ilOtr COiii^31t;LtiQ, LliiiL 3.0US6 iilV^Sti^&LOi' Sll3.ll lllciJvti DO 1116 CiiVlSlOli 3. l'ti^)Ol'L WlliCli CiclSSIIIGS Ulci 3.11ti^6u &DU.S3 && LliiQcil1 iiiVc&Li^citiuii . (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. il COIUplBtlOIl 01 ItS lllV6Stlf3.tlOH OI &C&SS rSJJOlt^d K/ Ctlc CttvlSlOli aiiU'CietsslHcu 3.S i VSStl^citiOll, til6 &DU.SC lHVGStl^JfltGI1 Sillli! \j.) vylSiSiiy SUCH C3.S6 3.S C011Hl'llliJCl, UliCOIIlll'iiltiu., tyi1 uiiluUilucu ^ alia \if IT tiltt OclSS 16 C1&S51I1&U && C0liill'iiitiu.j UUCO II ill1 ill 6 u , 01" U ill O U II Q6 Q } fSpOFt SU.CH Cl 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 VJ ) liioCn ia\v clilOl d&iUciiL OinCclj lUcIiictU) cOlel gcilCy iiicu.iCS.1 ItiCl\iilCiciiij ^Uiel1'BilCy 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 FRIDAY, MARCH 17, 1995 1959 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; 1960 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 17, 1995 1961 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; 1962 JOURNAL OF THE SENATE (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. FRIDAY, MARCH 17, 1995 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 1964 JOURNAL OF THE SENATE 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 1965 "(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 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 1966 JOURNAL OF THE SENATE 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 1968 JOURNAL OF THE SENATE 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, 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 2050 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. 2054 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 2056 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 2058 JOURNAL OF THE SENATE (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- UlCijjtiliL^' Lilu COlltlty 01 Uli AL&L(ij Wltil 1116 ii|!)j-)l'OVfll OI 1116 gOVfil illil^f flULH01ity OI Ulcit TUU.iiiClp3.il L^ Ol1 Uililltitl OVcrilliiciiL, IS SULllOi iZcu 10 cOtcl 1I1XG ail a.gl ccIllciiL Willl a tn~ V3.tc Cui'pOi'dtiOil, GiltGrjJFlSej OI fl.g^ilCy CO Jji'OViufi JtiJ.itiI'cll jplODiiLiOil SU.pci'ViSiGiij Illic Cul~ EUCi^illil^y clllu. COUilty OI tlllS &Lcltc, WiCfl Llici ftjipl OVftl OI Lllc gOVSTilnl^ alltllGl Ity OI LIliiL HHJ.ilj.ClJ}till L^ Of U.ii.llltiCl ^fGVGFIliTHSilt, IS <1U.LI101 IZSCi ti) tiSwiOllSliH pI*OD3.t>iOil S^StGlll tu plO~ Viuc ^^ilc^I'ctl plOOcltlOU SUjJtil Violuiij I111.43 COllSCliOii Scl ViCcSj COU.llS61nigj aiiCl Otlici jjxODH** LiGii itii'ViCtiS IO1" ptHSOHS COilViOLcCl ill SUtCIl COUTt 3.ilu j-)ilCtiu. Oil pFODHLiOil. (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. 2060 JOURNAL OF THE SENATE 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. 2062 JOURNAL OF THE SENATE 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 2063 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. 2064 JOURNAL OF THE SENATE 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 2065 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. ____________ 2066 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 2067 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, 2068 JOURNAL OF THE SENATE 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 2070 JOURNAL OF THE SENATE 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." 2072 JOURNAL OF THE SENATE 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 2074 JOURNAL OF THE SENATE 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 2076 JOURNAL OF THE SENATE 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: 2078 JOURNAL OF THE SENATE "(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 FRIDAY, MARCH 17, 1995 2079 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 llil^JGl'pl lllti OI i3.Ciil tilft COiilliiiSSlGil Or til6 Ci iliittS OI illVOl. UJ.ltL1~y liicliiSli &gc cn&i*g6u witli fl.ny oiitiisfi ov^r wincii fcXClUSiVti Oi' COuCUl 1'tillt jU.i'ifc(J.iCLiOil Slicill we LciWcii ciiiCL FilciCl oy 13.W 'SiOii'Oi ^iiy sxtco cj'niifir 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. 2080 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 jiiip5, 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. 2104 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. 2106 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: 2108 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 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 2198 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: 2200 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.' 2202 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. 2204 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 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 y ^iOS* 5iDi6j iiiCiiiu-iii^ iiiipi6ni6ncm^ tos miiioiiiii^y fct(^utiiiCGdCOTS cu.i'1'iCLiium tidopctici uy tns 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 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.Olly SLG111 01' tllSrSyCllOcu. U.C1~ tlC1tiiOilSi Sci'ViC^ flI*6&S IX) pi'OViu.^ t;vlU.C0&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~ LiOii&I SGJc*VlCG ci^GiiiiitiS In SL Hi&lllltii1 SnUilal1 tO Cfl6 JprGCctiQiii^ 11SC3.1 yGcil, 3.11C1 tllti liLLLUiDcl1 OI SCJUfl.i'ti illllcA C011C3.1116Q COll^CtlVGly WiLliill ItS iUtilllDSl IOCck.1 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 oQClilOil i\)-i~i i\) . J.T16 cii-HOLuiL 01 IUilu& g^i'etiltfu 10 tCit rfe^iOiictl fiuUCaXiOilHl S^i'ViC^ cigciix^y 101' Lliti ClOCUiiitiii w3Cl lOCeil IMieClS JJi'O^i'iliii ^1 cii.it Sliiill utipci-iiCl LlpOll H'lti prO^Ol'LlOll Llia.L tile iilliiiDGl" 01 lOCcll SCrkOOl SySieillSj ilUiUD&L 01 SCliOOlfc, llUHlLiii 01 Sl/LlutiiiLS, iiiitl iiUillU^il' OI SC[U&re 111116 S COIlii&iilcu COlieCtiV6ly WltlliU ItS mfimD&T 10 Cell SCH001 SySt6iilS cue 01 tflcSc reSJi^CtiVc IclCLOl fc oLcJiLi^ W1Q6, tiS Wtll US tilt LuOJ.)tu Op61*itlOH31 J!)lclll ctiiu tile DTIuget ufcSi^iltiu. K/ (Juul'GSS uuCUilliiilltiu iltitiuS 101 i&iii)tclHC6 10 lU^illu^r lOCdl SCflOOl SyS- TdTTS^ Jll3.Cn i'c^iOll.3.1 ciuLlv-ctLlOiicll Sd'VlCft 3.^6110^ Sllcill L)ti 1' tii^Uil iiti LO lllfl.LCli LI 1 6 u.uCU.~ 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) 2236 JOURNAL OF THE SENATE 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 2238 JOURNAL OF THE SENATE 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: 2240 JOURNAL OF THE SENATE 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; 2242 JOURNAL OF THE SENATE 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 2244 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 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. 2246 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 2247 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 2248 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 2249 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: 2250 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 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 2252 JOURNAL OF THE SENATE 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 2254 JOURNAL OF THE SENATE 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 2255 (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. 2256 JOURNAL OF THE SENATE (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 2257 (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 2258 JOURNAL OF THE SENATE 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. 2260 JOURNAL OF THE SENATE 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. 2262 JOURNAL OF THE SENATE 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 2263 (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 2264 JOURNAL OF THE SENATE 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 2265 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. 2266 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." 2270 JOURNAL OF THE SENATE 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 2274 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. 2276 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 2277 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; 2278 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 17, 1995 2279 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 2280 JOURNAL OF THE SENATE "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. FRIDAY, MARCH 17, 1995 2281 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. 2282 JOURNAL OF THE SENATE (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 FRIDAY, MARCH 17, 1995 2283 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. 2284 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 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 2286 JOURNAL OP THE SENATE 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. FRIDAY, MARCH 17, 1995 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. 2288 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. FRIDAY, MARCH 17, 1995 2289 (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 QiSCrGtlGll OI tri6 JUCt^fG tO IIHpIGIUfirit tllti prOViSiOilS OX tillS vJOQS SSCtlOIl &iiCl Q6tt;t"jLiilifl6 WTltill tO 3.110W SUC11 ViCtilU tO DG pT6S6Ilt 11T SUCll COUl't 3.1'iQ., it SUCfl VlCtllH IS pcl'HlittfiCl tO DC ^1'cfeciiLj tO uGtGriHill^ ctlS XirCltT III Wll-iCil tllG t^StiiHGiYy OI SUCrl VlCtlllY So11.1. DG J.VC11. (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." 2290 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 2291 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." 2292 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 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 2294 JOURNAL OF THE SENATE 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 FRIDAY, MARCH 17, 1995 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. 2296 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 2297 (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 2298 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 2299 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 2300 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 tlillcl'ciiiLiiil SI13.il DG WIG uitl^i'GHCfc u^tWc^Il tI16 ufllly fiXpfiilSG 3.1lGWtilCft Ol*iZGCl 101 lUGillDGFS 01 tn.6 vreHGr3l ASSGHltJiy 3.UC1 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. 2302 JOURNAL OF THE SENATE 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 2304 JOURNAL OF THE SENATE 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. 2306 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 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. 2308 JOURNAL OF THE SENATE 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. FRIDAY, MARCH 17, 1995 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. 2310 JOURNAL 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. 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 2471 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers INDEX 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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. 2532 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. 2534 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 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<y, 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 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 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=JiluiJ.ilCl< and tb Trrpyv i . -tm-tl V X U OLO OllVWll 1C ^Cil 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. 2678 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. 2688 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 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; 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 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^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 2772 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 2778 JOURNAL OF THE SENATE 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. 2784 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers 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 Refer to numerical index for page numbers