Journal of the Senate of the State of Georgia regular session 1996 volume one, commenced at Atlanta, Georgia, Monday, January 8, 1996 and adjourned Monday, March 18, 1996

Compiler's Note
The Journal of the Senate for the regular session of 1996 is bound in two separate volumes. Volume One contains January 8, 1996 through March 8, 1996. Volume Two contains March 12, 1996 through March 18, 1996 and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
REGULAR SESSION 1996
VOLUME ONE
Commenced at Atlanta, Georgia, Monday, January 8, 1996 and adjourned Monday, March 18, 1996
Printed on Recycled Paper

OFFICERS
OF THE
STATE SENATE
1996
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

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

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

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

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

Robert Lamutt (R)..................... 21 ........Marietta

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

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

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

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

MONDAY, JANUARY 8, 1996

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 8, 1996 First Legislative Day
The Senators of the General Assembly of Georgia for the years 1995-96 met pursuant to law in regular session in the Senate Chamber at 10:00 A.M. this day and were called to order by Lieutenant Governor Pierre Howard, President of the Senate.
Senator Edge of the 28th moved that all Senators who were absent due to inclement weather be excused.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senators were excused from the Senate today.
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
Cagle Cheeks Clay
Crotts Day
Dean Edge
Egan Farrow
Gillis

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

Middleton Oliver
Perdue Pollard
Ragan Ralston
Ray Scott Slotin
Starr Tanksley
Thomas Thompson
Turner Walker

Those not answering were Senators:

Abernathy (excused)
Balfour (excused) Burton (excused)

Glanton (excused)
McGuire (excused) Newbill (excused)

Stokes (excused)
Taylor (excused) Tysinger (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Griffin of the 25th introduced Beverly Hill, who sang the "Star Spangled Banner".
The President introduced the chaplain of the day, Reverend Bob Cargo, pastor of Intown Community Church, Atlanta, Georgia, who offered scripture reading and prayer.

JOURNAL OF THE SENATE
The following communications were read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
December 28, 1995
Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary:
Please accept this notification of Senator Chuck Clay's appointment to the Senate Ethics committee effective immediately. I appreciate your attention to this matter. If you have any questions regarding this appointment, please call on me or Martha Wigton of my staff.
Sincerely, Is/ Pierre Howard
OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta, Georgia 30334 (404) 656-5030
November 28, 1995
Honorable Clay Land State Senator 319-B Legislative Office Building Atlanta, Georgia 30334 Dear Clay:
Please accept this letter as official notification of your assignment to serve on the Senate Appropriations Committee effective immediately. I am certain you will perform the duties of this position with integrity and insight.
Senator Hooks will be contacting you in the near future regarding your sub-committee assignments. Please call on me if you have any questions.
Sincerely, /s/ Pierre Howard
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 744. By Representative Walker of the 141st and others:
A resolution to notify the Senate that the House of Representatives has convened.

MONDAY, JANUARY 8, 1996

3

The following resolution was read and put upon its adoption:
SR 380. By Senators Scott of the 36th, Ray of the 19th and Perdue of the 18th:
A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1995 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1996 session of the General Assembly and for the duration of this General Assembly, with the following amendments which are also hereby adopted:
Amend Rule 17 by striking the fourth paragraph and inserting in its place a new paragraph to read as follows:
"No person or group shall be introduced or allowed to address the Senate after the thirtieth (30th) legislative day of a regular session. At any time during a regular session the presiding officer may introduce any member of the Georgia Congressional Delegation or any other person of national prominence. During the first nineteen (19) days of any regular session individuals or groups may be introduced and allowed to address the Senate only upon the written recommendation of a majority of the Decorum Committee. The Decorum Committee shall be composed of the President of the Senate, who shall be Chairman, the President Pro Tempore, the Majority Leader, the Minority Leader, the Majority Whip, and the Chairman of the Rules Committee. During the twentieth (20th) through the thirtieth (30th) legislative days of any regular session, individuals or groups may be introduced and allowed to address the Senate only after a sponsoring Senator has secured a three-fourths' affirmative vote of the members of the Rules Committee assembled in a scheduled meeting."
Amend Rule 185 by striking the introductory language and listing of committees in the first paragraph and inserting in lieu thereof the following:
"Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each:
AGRICULTURE - 5 APPROPRIATIONS - 37 BANKING AND FINANCIAL INSTITUTIONS - 13 CONSUMER AFFAIRS - 5 CORRECTIONS, CORRECTIONAL INSTITUTIONS AND PROPERTY - 7 DEFENSE AND VETERANS AFFAIRS - 5 ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS - 7 EDUCATION - 12 ETHICS - 11 FINANCE AND PUBLIC UTILITIES - 13 HEALTH AND HUMAN SERVICES - 13 HIGHER EDUCATION - 9 INSURANCE AND LABOR - 8 INTERSTATE COOPERATION - 6 JUDICIARY - 8 NATURAL RESOURCES - 11 PUBLIC SAFETY - 5 REAPPORTIONMENT - 19 RETIREMENT - 5 RULES - 20 SCIENCE, TECHNOLOGY, AND INDUSTRY - 6 SPECIAL JUDICIARY - 7 STATE AND LOCAL GOVERNMENTAL OPERATIONS - 6 TRANSPORTATION - 15

JOURNAL OF THE SENATE

YOUTH, AGING AND HUMAN ECOLOGY - 5
The above limitations shall not apply when the President appoints a Senator to committees if that Senator was duly elected in a special election."
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 Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

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

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

Those not voting were Senators:

Brown of 26th Burton (excused)

Henson McGuire (excused)

Taylor (excused) Tysinger (excused)

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution was read and put upon its adoption:

SR 383. By Senators Ray of the 19th and Perdue of the 18th:

A resolution relative to adjournment by the General Assembly at 5 pm on Friday, January 12, and reconvening on Monday, January 22, 1996.

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 Cagle Cheeks Clay Crotts Day Dean Edge Egan
Farrow

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

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

MONDAY, JANUARY 8, 1996

Those not voting were Senators:

Brown of 26th Burton (excused) Johnson of 2nd

McGuire (excused) Stokes Taylor (excused)

Tysinger (excused) Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolutions were read and put upon their adoption:

SR 381. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the House of Representatives that the Senate has con vened; and for other purposes.
On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 382. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.
On the adoption of the resolution, the yeas were 39, 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, Brown of the 26th, Middleton of the 50th, Ray of the 19th, Perdue of the 18th, Hooks of the 14th, Edge of the 28th and Marable of the 52nd.
SENATE CALENDAR
Monday, January 8, 1996 FIRST LEGISLATIVE DAY

SB 16 Public Transportation--certification, inspection stickers (Substitute) (ST&I--56th)
SB 150 State Agencies--procedures when relocating operations (Substitute) (SLGOG--25th)
SB 173 Quality Basic Education Act--maximum deduction from local fair share funds (Ed--37th)
SB 191 Payment Contract for Giving Information About a Crime--void (Judy--15th)
SB 219 Child Custody--crime of interference with visitation (S Judy--53rd)
SB 265 Drivers' Licenses--examinations, tests, licenses written in English (Pub Saf--45th)
SB 302 Junkyards--locations, screening requirements (Substitute) (S Judy--37th)
SB 319 Outdoor Signs Adjacent to Right of Ways--certain definitions (Trans--33rd)

JOURNAL OF THE SENATE
SB 324 Education--reading, posting certain writings without censorship ^Substitute) (Amendments) (Ed--30th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 7, 1995.)
SB 329 Death Penalty, Life--when trial judge may impose (Substitute) (Judy--33rd)
SB 337 Legislative Information--electronic distribution by GeorgiaNet (Substitute) (ST&I--37th)
SB 366 Council for Civic Renewal--create (H&HS--22nd)
SB 417 Health Care Providers--alternative selections (Amendment) (H&HS--6th)
SR 20 CA: Special Purpose County Sales Tax--use by local school systems (Substi tute) (F&PU--49th)
SR 25 CA: Schools Without 50 Percent Passing Students--management, control (Amendment) (Ed--56th)
SR 28 CA: Certain City, County Debt Incurrence--voter approval (Substitute) (F&PU--23rd)
SR 125 CA: Special Purpose County Sales Tax--capital outlay projects for education (Substitute) (Ed--52nd)
SR 179 Federal School Food and Nutrition Program--urge Georgia delegation effect removal (Ed--llth)
SR 247 Joint Subsequent Injury Trust Fund Study Committee--create (Rules--24th)
SR 257 Clay County--leasing of certain state property (F&PU--12th)
SR 268 Senate Study Committee on Efficient Use of State Buildings and Vehiclescreate (Amendment) (Rules--13th)
SR 270 Charles W. Yeargin Building--urge designation (Rules--47th)
SR 273 Senate Study Committee on Automotive Repair Facilities--create (Rules-- 55th)
SR 277 Off-Road Timber Equipment--legislative intent regarding sales tax exemption (F&PU--20th)
SR 281 Intermodal Surface Transportation Efficiency Act--urge Congress reauthorize (Trans--33rd)
SR 288 Congress--encourage legislation for medical savings accounts (H&HS--19th)
SR 293 Senate Fire Ant Study Committee--create (Rules--46th)
SR 294 Joint Public Safety Radar Enforcement Regulatory Study Committee--create (Rules--13th)
SR 298 Telephone Solicitation Sales--support HR 20 urging regulation (Rules--55th)
SR 304 State Correctional Facilities--urge outside smoking areas (Rules--6th)

MONDAY, JANUARY 8, 1996

7

SR 308 U.S. Constitution--state sovereignty under 10th Amendment (SLGOG--53rd)
SR 309 Indian Affairs Study Committee--create (Rules--6th)
HB 106 Workers' compensation; voluntary service for ACOG; coverage (I&L--24th) Lane--146th
HB 107 Intruder in residence; imminent danger; rehuttable presumption (Substitute) (S Judy--1st) Ladd--59th
HB 231 Assistant district attorneys; retain number; removal of judge (Judy--17th) Smith--109th
HB 339 Paternity petition; appointment of guardian ad litem (Judy--37th) Barnes--33rd
HB 341 Wiretapping; pen registers or trap and trace devices; authorize (Substitute) (S Judy--28th) Barnes--33rd
HB 342 Controlled substances and dangerous drugs; amend list (H&HS--22nd) Parham--122nd
HB 356 Counties; employment benefits; exclude certain elected officials (Substitute) (SLGO-G--46th) Scoggins--24th
HB 598 Cobb County; state court; judge pro hac vice (Judy--37th) Towery--30th
HB 609 Motor carriers of property or persons; amend provisions (Amendments) (Trans--18th) Watson--139th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 17, 1995.)
HB 611 Reverse drug distributors and drug researchers; registration (Amendment) (H&HS--22nd) Parham--122nd
HB 653 Handicapped accessible public facilities; compliance/ADAAG standards (Amend ment) (H&HS--15th) Watson--139th
HB 655 Accelerant detection dog; penalty for destroying or injuring (S Judy--33rd) Wat son--139th
HR 189 Michael J. Padgett, Sr., Highway; designate portion of State Highway 56 (Amendment) (Trans--33rd) Howard--118th
HR 234 Barrow County; lease property (F&PU--46th) Mobley--86th
HR 290 Federal estate taxes; urge Congress increase gross exemption (F&PU--44th) Lewis--14th
HR 304 Wade R. Milam, Jr., Bridge; designate (Trans--29th) Epps--131st
HR 334 Milledgeville, City of; convey property (F&PU--25th) Parham--122nd
HR 351 Stephens County; convey property (F&PU--50th) Jamieson--22nd

JOURNAL OF THE SENATE
Senator Perdue of the 18th moved that all bills and resolutions of the Senate and House on the Senate Calendar for today be committed to the committee from which they were last reported.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the following bills and resolutions were committed:
SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits.
Committed to Science, Technology and Industry Committee.
SB 150. By Senators Griffin of the 25th, Walker of the 22nd, James of the 35th and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to specify certain procedures which must be complied with prior to certain relocations of the operations of state agencies.
Committed to State and Local Governmental Operations Committee (General).
SB 173. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to allow county and in dependent school systems to deduct up to 2 mills from local fair share funds under certain circumstances.
Committed to Education Committee.
SB 191. By Senators Harbison of the 15th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Article 1 of Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to provide that certain contracts for the payment of money or other consideration relating to the selling of information about a crime are void; to authorize the Attorney General or a district attorney to enjoin enforcement of any such contract.
Committed to Judiciary Committee.
SB 219. By Senators Black of the 53rd, Glanton of the 34th, McGuire of the 30th and others:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to criminal interference with custody, so as to provide for the inclusion therein of the new crime of interference with visitation.
Committed to Special Judiciary Committee.

MONDAY, JANUARY 8, 1996
SB 265. By Senators Guhl of the 45th and Cheeks of the 23rd:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to provide that information contained in any examination or test of an applicant for a driver's license or any brochure concerning any such examination or test shall be written in the English language; to provide that a driver's license shall be typed or printed in English.
Committed to Public Safety Committee.
SB 302. By Senator Clay of the 37th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to define certain terms; to pro vide for limitations on the location of junkyards; to provide for screening re quirements; to provide for notice; to provide for a lien against the junkyard for expenses of screening; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances.
Committed to Special Judiciary Committee.
SB 319. By Senators Thompson of the 33rd, Dean of the 31st and Marable of the 52nd:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals adjacent to right of ways, so as to change the declaration of policy; to redefine the terms "primary system" and "primary highway".
Committed to Transportation Committee.
SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.
Committed to Education Committee.
SB 329. By Senators Thompson of the 33rd, Perdue of the 18th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
Committed to Judiciary Committee.
SB 337. By Senator Clay of the 37th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia An notated, relating to the GeorgiaNet Authority, so as to provide for public distri bution of legislative information in electronic format; to provide for provision of data by the Secretary of the Senate and the Clerk of the House to the GeorgiaNet Authority.
Committed to Science, Technology and Industry Committee.

10

JOURNAL OF THE SENATE

SB 366. By Senator Walker of the 22nd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to create the Council for Civic Renewal; to provide a short title; to provide for legislative findings and expressions of intent; to pro vide for functions and duties of the council; to provide for administration and staffing of the council; to provide for financing of the council.
Committed to Health and Human Services Committee.
SB 417. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide for alternative selections of health care providers in health care provider networks and health benefit plans; to provide for definitions.
Committed to Health and Human Services Committee.
SR 20. By Senators Cagle of the 49th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law authorize local school systems to receive and use proceeds of special purpose county sales and uses taxes for capital outlay projects; to provide for submission of this amendment for ratification or rejec tion.
Committed to Finance and Public Utilities Committee.
SR 25. By Senators Newbill of the 56th, Glanton of the 34th, Gochenour of the 27th and others:
A resolution proposing an amendment to the Constitution so as to provide for the management and control over schools which do not achieve a minimum passing level of 50 percent of the eligible students having taken the examination required for graduation to be acquired by the state, an institution of higher edu cation, or a private educational enterprise, at the discretion of the Governor; to provide for the submission of this amendment for ratification or rejection.
Committed to Education Committee.
SR 28. By Senator Cheeks of the 23rd:
A resolution proposing an amendment to the Constitution so as to provide that a county, municipality, or political subdivision of the state may not incur debt or obligate itself above a limit of $1 million through a certificate of participation, lease-purchase contract, installment sales contract, or other similar arrange ment unless such debt or obligation is approved by the voters; to provide for the submission of this amendment for ratification or rejection.
Committed to Finance and Public Utilities Committee.
SR 125. By Senators Marable of the 52nd, Dean of the 31st and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to re ceive and use proceeds of special purpose county sales and use taxes for capital outlay projects for educational purposes; to provide for submission of this amendment for ratification or rejection.
Committed to Education Committee.

MONDAY, JANUARY 8, 1996

11

SR 179. By Senators Ragan of the llth, James of the 35th, Middleton of the 50th and others:
A resolution urging the Georgia delegation to the United States Congress to effect the removal of the federal School Food and Nutrition Program from House Resolution 4, known as the Personal Responsibility Act.
Committed to Education Committee.
SR 247. By Senator Pollard of the 24th:
A resolution creating the Joint Subsequent Injury Trust Fund Study Commit tee.
Committed to Rules Committee.
SR 257. By Senators Taylor of the 12th, Blitch of the 7th and Boshears of the 6th:
A resolution authorizing the leasing of certain improved real property or por tions thereof owned by the State of Georgia in Clay County; to authorize the leasing of certain improved real property or portions thereof owned by the State of Georgia in Ware County.
Committed to Finance and Public Utilities Committee.
SR 268. By Senators Bowen of the 13th, Oliver of the 42nd, Edge of the 28th and others:
A resolution creating the Senate Study Committee on the Efficient Use of State Buildings and Vehicles.
Committed to Rules Committee.
SR 270. By Senators Madden of the 47th, Hooks of the 14th, Ray of the 19th and others:
A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".
Committed to Rules Committee.
SR 273. By Senator Henson of the 55th:
A resolution creating the Senate Study Committee on Automotive Repair Facili ties.
Committed to Rules Committee.
SR 277. By Senators Gillis of the 20th, Ray of the 19th and Dean of the 31st:
A resolution declaring legislative intent with respect to the exemption from sales and use taxation relating to certain off-road timber equipment and related attachments.
Committed to Finance and Public Utilities Committee.
SR 281. By Senators Isakson of the 21st and Thompson of the 33rd: A resolution urging the Congress of the United States to reauthorize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which includes funding for Transportation Enhancement Activities (TEA) projects.
Committed to Transportation Committee.

12

JOURNAL OF THE SENATE

SR 288. By Senators Ray of the 19th and Pollard of the 24th:
A resolution encouraging the Congress of the United States to enact legislation to provide for medical savings accounts.
Committed to Health and Human Services Committee.
SR 293. By Senators Broun of the 46th, Ray of the 19th, Gillis of the 20th and others:
A resolution creating the Senate Fire Ant Study Committee.
Committed to Rules Committee.
SR 294. By Senators Bowen of the 13th, Pollard of the 24th and Oliver of the 42nd:
A resolution creating the Joint Public Safety Radar Enforcement Regulatory Study Committee.
Committed to Rules Committee.
SR 298. By Senator Henson of the 55th:
A resolution supporting House Resolution 20, which urges the General Assembly to regulate telephone solicitation sales, as passed by the Silver-Haired Legislature of Georgia.
Committed to Rules Committee.
SR 304. By Senators Boshears of the 6th, Blitch of the 7th and Hill of the 4th:
A resolution urging the Department of Corrections to designate smoking areas in outside locations in state correctional facilities.
Committed to Rules Committee.
SR 308. By Senator Black of the 53rd:
A resolution claiming sovereignty under the Tenth Amendment to the Constitu tion of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Committed to State and Local Governmental Operations Committee (General).
SR 309. By Senator Boshears of the 6th: A resolution creating the Senate Indian Affairs Study Committee.
Committed to Rules Committee.
HB 106. By Representatives Lane of the 146th, Coleman of the 142nd, Buck of the 135th and others: A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, shall be deemed an employee of the organization for purposes of workers' compensation coverage while perform ing such service.
Committed to Insurance and Labor Committee.

MONDAY, JANUARY 8, 1996

13

HB 107. By Representatives Ladd of the 59th, Johnson of the 97th and Barnard of the 154th:
A bill to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide that there shall be a rebuttable presumption that a person who encounters an unau thorized intruder in his or her residence is justified in believing that he or she is in imminent danger of death or great bodily harm.
Committed to Special Judiciary Committee.
HB 231. By Representatives Smith of the 109th, Jenkins of the 110th, Maddox of the 108th and Sanders of the 107th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to the appointment and compensation of assistant district attorneys, so as to provide that, in any circuit where a person holding office as a judge of the superior courts of this state is effectively removed from such office by a federal court order and subsequently becomes a special judge of the magistrate court, the number of assistant district attorneys in such circuit shall not be reduced.
Committed to Judiciary Committee.
HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.
Committed to Judiciary Committee.
HB 341. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installation and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States.
Committed to Special Judiciary Committee.
HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
Committed to Health and Human Services Committee.
HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
Committed to State and Local Governmental Operations Committee (General).

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HB 598. By Representatives Towery of the 30th, Barnes of the 33rd, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the judge pro hac vice.
Committed to Judiciary Committee.
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.
Committed to Transportation Committee.
HB 611. By Representatives Parham of the 122nd, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change the provisions relating to definitions; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing by reciprocity; to provide for the registration of reverse drug distributors.
Committed to Health and Human Services Committee.
HB 653. By Representative Watson of the 139th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such facilities by persons with disabilities.
Committed to Health and Human Services Committee.
HB 655. By Representative Watson of the 139th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the definition of the offense of destroying or injuring a police dog; to make it unlawful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog.
Committed to Special Judiciary Committee.
HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padgett, Sr., Highway.
Committed to Transportation Committee.
HR 234. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County.
Committed to Finance and Public Utilities Committee.

MONDAY, JANUARY 8, 1996

15

HR 290. By Representatives Lewis of the 14th and Culbreth of the 132nd:
A resolution urging the Congress of the United States to increase the amount of the gross estate exemption from federal estate taxes.
Committed to Finance and Public Utilities Committee.
HR 304. By Representatives Epps of the 131st, Murphy of the 18th, Buck of the 135th and others:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
Committed to Transportation Committee.
HR 334. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville.
Committed to Finance and Public Utilities Committee.
HR 351. By Representative Jamieson of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Stephens County.
Committed to Finance and Public Utilities Committee.
The President addressed the Senate extemporaneously.
The following communications were filed with the Secretary:
THE STATE SENATE Atlanta Georgia 30334
November 14, 1995
Honorable Zell Miller Office of the Governor Atlanta, Georgia 30334
Dear Zell:
It is with a great deal of regret that I inform you that I will resign my seat in the Georgia State Senate effective November 14, 1995.
The Attorney General's office and the State Ethics Commission have informed me that they will apply the prohibition against fund raising to all races including federal races. This leaves me with only one acceptable alternative which, unfortunately, is to resign my seat.
You honored me by appointing me to the Privatization Commission. My resignation from the Senate, I recognize, may affect how you look upon the mix of appointees between the public and private sectors. I will defer to your judgement as to whether my continued service is in the best interest of the Commission's work or in the best interest of its frame work. I do want you to know that I stand ready, willing and able to continue my service on that commission should you deem it appropriate. I think you have taken a bold step and, in doing so, you are addressing one of the major opportunities for us to save the taxpayers'

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money and make our government more efficient. Anything I can do to facilitate that end, you can rest assured I will do.
I have sincerely enjoyed serving in public life during the last two decades with you, and I look forward to many opportunities in the future where we can work together.
Sincerely, /s/ Johnny Isakson

STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
November 14, 1995
Honorable Johnny Isakson State Senator 5074 Hampton Farms Drive Marietta, Georgia 30068
Dear Johnny:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia State Senate, District 21. By copy of this letter, your resignation is hereby accepted, effective November 14, 1995.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, Is/ Zell Miller

THE STATE OF GEORGIA
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS: A vacancy now exists in the Senate of the General Assembly of Georgia by reason of the resignation of Honorable Johnny Isakson, State Senator, Dis trict 21; and
WHEREAS: Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that occur in the Senate and House of Representatives; and
WHEREAS: Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and
WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

MONDAY, JANUARY 8, 1996

17

ORDERED: That a writ of election to fill the vacancy in the Senate, District 21, be and the same is hereby issued to the Secretary of State. IT IS FURTHER
ORDERED: That said special election to fill the vacancy in the Senate from District 21, shall be held on the 19th day of December, 1995, pursuant to the Constitution and Laws of the State of Georgia.
This 15th day of November 1995.
lal Zell Miller Governor

ATTEST:
Isl Steve W. Wrigley Executive Secretary

LEGAL NOTICE

SECRETARY OF STATE Elections Division
Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E.
Atlanta, Georgia 30334-1505
FOR PUBLICATION IN THE ATLANTA JOURNAL-CONSTITUTION
ON NOVEMBER 20, 1995

CALL FOR SPECIAL ELECTION
Notice is hereby given that a special election shall be held in a portion of Cobb County on December 19, 1995, to fill the unexpired term of the Honorable Johnny Isakson, State Senator, District 21, resigned. A run-off election, if needed, shall be held on January 9, 1996.
Qualifying for the special election shall be held in the Elections Division of the Office of the Secretary of State, 1104 West Tower, 2 Martin Luther King, Jr., Drive, SE, Atlanta, Georgia 30334-1505, beginning at 9:00 a.m. on Monday, November 27, 1995, and ending at 12:00 Noon on Friday, December 1, 1995. The qualifying fee shall be $400.00.
In addition, pursuant to O.C.G.A. 21-2-140, each candidate qualifying in this special elec tion must submit a certificate at the time the candidate qualifies that the candidate has been tested by an approved laboratory for illegal drugs within the past thirty days prior to qualifying and that the results of such test are negative.
All persons who are not registered to vote and who desire to register to vote in the special election may register to vote through the close of business on November 27,1995. Polls will be open from 7:00 a.m. until 7:00 p.m.
/s/ Max Cleland Secretary of State

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 746. By Representative Walker of the 141st and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives McBee of the 88th, Hugley of the 133rd, Channell of the lllth, Holland of the 157th, Powell of the 23rd, Simpson of the 101st and Jones of the 71st.
HR 747. By Representative Walker of the 141st and others:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 748. By Representative Walker of the 141st and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 382. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the Governor that the General Assembly has convened.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:02 A.M., the President announced the Senate adjourned.

TUESDAY, JANUARY 9, 1996

19

Senate Chamber, Atlanta, Georgia Tuesday, January 9, 1996 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 journal was confirmed.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 479. By Senators Stokes of the 43rd, Oliver of the 42nd, Walker of the 22nd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide fairness and choice to patients and providers under managed care health benefit plans; to provide a short title; to provide defini tions; to provide for enrollee information; to provide for the adoption of rules by the Commissioner of Insurance; to provide for network configuration; to provide for hospital participation; to provide for financial incentive programs.
Referred to Committee on Insurance and Labor.
SB 480. By Senators Griffin of the 25th, Black of the 53rd, Boshears of the 6th and others:
A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia State War Veterans' Home, so as to impose certain conditions on the operation of said veterans' home; to prohibit the privatization of the operation of the veterans' home except under certain conditions; to provide exceptions for incidental services.
Referred to Committee on State and Local Governmental Operations (General).
SB 483. By Senators Newbill of the 56th, Perdue of the 18th, Ray of the 19th and others:
A bill to amend Code Section 20-2-9 of the Official Code of Georgia Annotated, relating to per diem allowances and expenses of members of the State Board of Education, so as to restrict members of the board to the same expense allowance as members of the General Assembly; to provide for reimbursement of actual transportation costs.
Referred to Committee on Education.
SB 484. By Senator Oliver of the 42nd:
A bill to amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Public Safety Training Center Act," so as to abolish the Georgia Peace Officer Standards and Training Council and provide that the Board of Public Safety is its successor for specified purposes; to provide for transfer of assets, contracts and funds.
Referred to Committee on Public Safety.

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SB 485. By Senator Oliver of the 42nd:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to abol ish the Georgia Peace Officer Standards and Training Council; to provide that the Board of Public Safety is successor to the council; to provide for an executive director, personnel, investigators, subpoenas, and funding; to provide for powers and duties of the board.
Referred to Committee on Public Safety.
SB 487. By Senators Abernathy of the 38th, Henson of the 55th and James of the 35th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for payments by the state to municipalities in which state-owned property is located in lieu of ad valorem taxation of such property by the affected municipality; to provide a defi nition; to provide for statements of taxable value; to provide for review by the state revenue commissioner; to provide for computation of the state's liability.
Referred to Committee on Finance and Public Utilities.
SB 488. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dade County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to Committee on State and Local Governmental Operations.
SB 489. By Senators Farrow of the 54th, Oliver of the 42nd, Perdue of the 18th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to provide for definitions; to require the filing of reports relating to independent expenditures; to provide for the contents of such reports and the requirements relative to the filing of such reports; to change the provisions relating to the contents of lobbyists' disclosure reports.
Referred to Committee on Ethics.
SB 490. By Senator Brown of the 26th:
A bill to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to provide that an employer shall pay the cost of all drug tests which such employer requires of temporary employees; to provide a definition.
Referred to Committee on Insurance and Labor.
SB 491. By Senator Brown of the 26th:
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 persons with disabilities; to define certain terms; to provide for conditions and procedures regarding such credits.
Referred to Committee on Finance and Public Utilities.

TUESDAY, JANUARY 9, 1996

21

SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the gov ernance of interstate acquisitions of banks and holding companies connected to Georgia financial institutions by other banks or bank holding companies; to pro vide for definitions; to provide for acquisitions upon certain conditions.
Referred to Committee on Banking and Financial Institutions.
SB 493. By Senators Oliver of the 42nd, Starr of the 44th, Farrow of the 54th and Thompson of the 33rd:
A bill to amend Code Section 19-15-4, relating to the Statewide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative purposes; to change the agency providing staff support for the panel.
Referred to Committee on Judiciary.
SB 494. By Senators Oliver of the 42nd, Farrow of the 54th and Starr of the 44th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that certain violations of Code Section 16-13-30 may be tried upon accusations in certain circumstances; to provide for related matters; to provide an effective date; to provide for applica bility.
Referred to Committee on Judiciary.
SB 495. By Senator Madden of the 47th:
A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to prohibit the holding of adulterated or misbranded drugs, devices, or cosmetics; to change the provisions relating to defini tions regarding pharmacists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing by reciprocity; to change the provisions relating to sanctions of li censed pharmacists and pharmacies.
Referred to Committee on Consumer Affairs.
SB 496. By Senators Oliver of the 42nd, Thompson of the 33rd and Clay of the 37th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide a procedure for submission to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recommendations; to provide for duties and responsibil ities of the Judicial Council.
Referred to Committee on Judiciary.
SB 497. By Senators Langford of the 29th, Land of the 16th and Dean of the 31st:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for grants to certain local govern ments for certain purposes; to establish the Lower Chattahoochee Pollution Reparation Loan Program; to create the Lower Chattahoochee Pollution Repa ration Commission; to provide for membership and related matters; to provide for loan applications; to provide for a review and recommendation of such appli cations.
Referred to Committee on Natural Resources.

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SB 498. By Senators Henson of the 55th and Marable of the 52nd:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to prohibit the creation and use of forged or counterfeit trademarks and service marks and the manufacture, possession, sale, offering for sale, transportation, or use of certain goods or property containing or relating to forged or counterfeit trademarks and service marks.
Referred to Committee on Consumer Affairs.
SB 499. By Senator Madden of the 47th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures regarding appointment of members of a board to assume the duties of the county election superintendent in certain cir cumstances; to provide for notice to state party executive committees regarding the need to appoint members; to provide time periods for making such appoint ments; to provide for appointment by the chief judge of the superior court in certain circumstances.
Referred to Committee on State and Local Governmental Operations (General).
SB 500. By Senators Langford of the 29th, Land of the 16th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and ground-water use, so as to provide that persons in violation of certain provisions relating to the opera tion of certain sewer systems shall be subject to certain civil penalties; to pro vide that persons in violation of certain provisions relating to the discharge of pollutants shall be subject to certain civil penalties.
Referred to Committee on Natural Resources.
SB 501. By Senators Madden of the 47th and Broun of the 46th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide that no permit shall be issued for certain solid waste disposal facilities and solid waste han dling facilities located within the corporate limits of a municipality having a population of 1,500 or less and located within three miles of another municipali ty without the permission of the governing authority of each such neighboring municipality.
Referred to Committee on Natural Resources.
SB 502. By Senators Madden of the 47th and Broun of the 46th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide that no permit shall be issued for certain solid waste disposal facilities and solid waste han dling facilities located within the corporate limits of any municipality having a population of 1,500 or less without the permission of the governing authority of the county or counties in which the municipality is located.
Referred to Committee on Natural Resources.

TUESDAY, JANUARY 9, 1996

23

SB 503. By Senators Scott of the 36th, James of the 35th, Boshears of the 6th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide that municipali ties having certain populations shall increase their current business or occupa tion license fees and taxes for certain fast food restaurants and convenience stores; to provide that such municipalities shall expend a certain portion of their revenue from such sources for litter control and abatement purposes.
Referred to Committee on Finance and Public Utilities.
SB 504. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt cer tain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to pro vide for eyesight examinations; to amend an Act providing for the exemption of drivers 21 years of age.
Referred to Committee on Public Safety.
SB 505. By Senator Henson of the 55th:
A bill to amend an Act providing for the exemption of drivers 21 years of age or over from the requirement for a learner's permit while taking instruction from a licensed driving instructor so as to remove the automatic date of repeal or "sun set" date of said Act; to provide an effective date.
Referred to Committee on Public Safety.
SR 379. By Senators Newbill of the 56th, Gochenour of the 27th, Burton of the 5th and others:
A resolution proposing an amendment to the Constitution so as to repeal provi sions creating the State Board of Education; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Education.
SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:
A resolution designating the Purple Heart Highway.
Referred to Committee on Transportation.
SR 385. By Senator Farrow of the 54th:
A resolution designating the Brigadier General John R. Hullender Highway.
Referred to Committee on Transportation.
SR 386. By Senators Langford of the 29th, Land of the 16th, Dean of the 31st and Day of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for loans to persons and businesses affected by the pollution of the Chattahoochee River, to establish a fund for such pur pose, and to provide for submission of this amendment for ratification or rejec tion.
Referred to Committee on Natural Resources.

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JOURNAL OF THE SENATE

SR 387. By Senators Abernathy of the 38th, Thomas of the 10th, Henson of the 55th and others:
A resolution creating the Senate Consumer Choice in Utilities Study Commit tee.
Referred to Committee on Finance and Public Utilities.
Senator Cheeks of the 23rd moved that Senator Pollard of the 24th be excused due to illness. On the motion the yeas were 34, nays 0; the motion prevailed, and Senator Pollard was excused.
Senator Griffin of the 25th moved that Senator Walker of the 22nd be excused due to Senate business. On the motion the yeas were 39, nays 0; the motion prevailed, and Senator Walker was excused.
Senator Dean of the 31st moved that Senator Turner of the 8th be excused due to medical problems. On the motion the yeas were 39, nays 0; the motion prevailed, and Senator Turner was excused.
Senator Hill of the 4th moved that Senator Thompson of the 33rd be excused due to transportation problems. On the motion the yeas were 38, nays 0; the motion prevailed, and Senator Thompson 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

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

McGuire Middleton Newbill
Oliver Perdue
Ragan Ralston Ray Scott Slotin
Starr Stokes Tanksley
Taylor Thomas Tysinger

Those not answering were Senators:

Abernathy Pollard (excused)

Thompson (excused) Turner (excused)

Walker (excused)

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 Hugh Ar nold, pastor of Ivory Palace Church, Nahunta, Georgia, who offered scripture reading and prayer.

TUESDAY, JANUARY 9, 1996

25

The following communication was received by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
January 9, 1996
Hon. Frank Eldridge Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Frank:
Please let the Journal reflect that Senator Steve Thompson arrived after roll call and was present on January 9, 1996.
Thank you.
Sincerely, Isi Steve Thompson
The following resolutions were read and adopted:
SR 388. By Senator Walker of the 22nd:
A resolution recognizing January 10, 1996, as Independent Living Program Youth Day.
HR 746. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The President has appointed as a Committee of Escort the following: Senators Bowen of the 13th, Brown of the 26th, Taylor of the 12th, Starr of the 44th, Abernathy of the 38th, Middleton of the 50th, Perdue of the 18th, Ray of the 19th and Land of the 16th.
HR 747. By Representative Walker of the 141st:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 748. By Representatives Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
Senator Slotin of the 39th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia.
At 10:44 A.M., the President announced that the Senate would stand in recess until 3:30 P.M. today.
The President called the Senate to order at 3:30 P.M.

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

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

HB 265. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales and use tax, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes.
The following bill was read the first time and referred to committee:

HB 265. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales and use tax, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes.
Referred to Finance and Public Utilities Committee. The President announced that the Senate would stand in recess until 5:00 P. M. The President called the Senate to order at 4:45 P.M. The following Committee reports were read by the Secretary:

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

HR 161. Do pass.

SB 46. Do pass by substitute.

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

Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 265. Do pass.
Respectfully submitted, Senator Starr of the 44th District, Chairman
Senator Tanksley of the 32nd moved that the Senate adjourn until 10:00 A.M. to morrow; the motion prevailed, and at 5:50 P.M., the President announced the Senate adjourned.

WEDNESDAY, JANUARY 10, 1996

27

Senate Chamber, Atlanta, Georgia Wednesday, January 10, 1996 Third Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 482. By Senators Thomas of the 10th, Madden of the 47th, Balfour of the 9th, Walker of the 22nd, Oliver of the 42nd and Harbison of the 15th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to require health insurers to provide coverage for a minimum of 48 hours of in-patient care following vaginal delivery or a mini mum of 96 hours of in-patient care following delivery by cesarean section to a mother and her newly born child; to provide definitions; to provide for post-de livery care for a mother and her newly born child in the home.
Referred to Committee on Health and Human Services.
SB 506. By Senator Griffin of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for general elections for state and county officers; to change the requirements relating to advertisement of a write-in candidacy; to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs.
Referred to Committee on Ethics.
SB 507. By Senators Tanksley of the 32nd, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for religious freedom in public education; to provide for a short title; to provide for voluntary prayers or devotions by clergy, religious lay leaders, teachers, or students; to provide for voluntary classes on morals, ethics, virtues, and values.
Referred to Committee on Education.
SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of their parents or guardians; to pro vide for a penalty.
Referred to Committee on Special Judiciary.

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SB 509. By Senator Cheeks of the 23rd:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions of offenses against public health and morals, so as to prohibit the sale to minors of objects which look like syringes or other drug paraphernalia.
Referred to Committee on Special Judiciary.
SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and Ray of the 19th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assist ance Trust Fund for Individuals with Disabilities Commission; to provide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and compensation.
Referred to Committee on Health and Human Services.
SB 511. By Senators Marable of the 52nd, Ray of the 19th, and Dean of the 31st:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that procedures for indict ment of a peace officer for a crime in the performance of duties and the rights of peace officers in such cases shall apply to prosecutions for misdemeanors or felo nies; to provide that a prosecution shall not proceed in either the state or superi or court without a grand jury indictment.
Referred to Committee on Special Judiciary.
SB 512. By Senators Marable of the 52nd, Ray of the 19th, and Dean of the 31st:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to provide that a prosecut ing attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer; to provide for the furnishing of certain other information.
Referred to Committee on Special Judiciary.
SB 513. By Senators Thomas of the 10th and Oliver of the 42nd:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that shelters that are approved by the Department of Human Resources to receive state funds are not required also to be licensed by the Department of Human Resources.
Referred to Committee on Judiciary.
SB 514. By Senators Marable of the 52nd, Ray of the 19th and Dean of the 31st:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to prohibit the unauthorized submission of an item not in paper document form to a court or clerk of court by an inmate who is a party to a judicial proceeding; to provide a statute of limitation for certain petitions and actions filed by inmates; to provide for the contents of an affidavit of indigency accompanying an action filed by an inmate; to provide for judicial determination of an inmate's indigency.
Referred to Committee on Special Judiciary.

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SB 515. By Senators Brown of the 26th, Scott of the 36th and Ray of the 19th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to extend the driv ing privileges of certain 15 year old persons who have previously been issued a permit at 14 years of age under Code Section 40-5-22.
Referred to Committee on Public Safety.
SB 516. By Senators Griffin of the 25th, Stokes of the 43rd, Newbill of the 56th and Langford of the 29th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the mem bers of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly ex penditures submitted by the system's chief financial officer.
Referred to Committee on Education.
SB 517. By Senators Stokes of the 43rd, Newbill of the 56th, Griffin of the 25th and Langford of the 29th:
A bill to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training.
Referred to Committee on Education.
SB 518. By Senators Griffin of the 25th, Langford of the 29th, Newbill of the 56th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require each local board of education to publish annually an actual financial operations statement for the local school system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial opera tions statement to the Department of Education.
Referred to Committee on Education.
SB 519. By Senators Crotts of the 17th, Balfour of the 9th, Langford of the 29th, Dean of the 31st 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 provide for remedies; to provide for ex ceptions; to authorize use and printing of official documents in other languages.
Referred to Committee on Special Judiciary.

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SB 520. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, so as to provide for a special license plate honoring and supporting the Shriner hospi tals for handicapped children; to provide for the design of such license plates; to provide for a license fee; to provide for licensing agreements; to provide that a portion of the license fee shall be paid to the Shriner organization.
Referred to Committee on Public Safety.
SB 521. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to allow parents of deaf students the final determination of placement of such students in the local school system or the Georgia School for the Deaf.
Referred to Committee on Education.
SB 522. By Senator James of the 35th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, so as to provide for find ings and a statement of legislative purpose; to provide that it shall be unlawful to charge, impose, or collect more than a certain amount for the rental of certain privately owned, single-family or multiple-unit residential rental property dur ing a certain limited time period.
Referred to Committee on Judiciary.
SB 523. By Senator James of the 35th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the "Intractable Pain Treatment" Act; to provide definitions; to authorize physicians to prescribe or administer controlled sub stances in the course of treatment for intractable pain; to prohibit restrictions of prescribed drug use by hospitals or health care facilities; to prohibit disciplinary action against a physician for prescribing or administering intractable pain treatment.
Referred to Committee on Health and Human Services.
SB 524. By Senator James of the 35th:
A bill to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial, so as to provide that persons accused of vehicular homicide through violation of Code Section 40-6-391, relating to driv ing under the influence of alcohol or drugs, shall be given a trial within one year of indictment or be acquitted of the offense; to provide for applicability.
Referred to Committee on Judiciary.
SB 525. By Senator James of the 35th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotat ed, relating to acceptance of a plea of nolo contendere to a charge of driving under the influence, so as to eliminate the pleas of nolo contendere to the charge of driving under the influence.
Referred to Committee on Judiciary.

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SB 526. By Senator James of the 35th:
A bill to amend Code Section 9-3-33 of the Official Code of Georgia Annotated, relating to limitations of actions for injuries to the person, so as to provide for a four-year limitation of action for wrongful death; to provide for applicability.
Referred to Committee on Judiciary.
SB 527. By Senator James of the 35th:
A bill to amend Code Section 15-12-165 of the Official Code of Georgia Annotat ed, relating to the number of peremptory challenges of jurors, so as to allow the state the same number of peremptory challenges as the accused.
Referred to Committee on Judiciary.
SB 528. By Senator James of the 35th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to pro vide for implementation of a Scholastic Aptitude Test preparatory course for certain public schools receiving state funds; to provide that the contents of such course shall be prescribed by each local board of education; to provide for elec tive credit for such course.
Referred to Committee on Education.
SB 529. By Senator Gillis of the 20th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flota tion devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad; to provide for an effective date and auto matic repeal.
Referred to Committee on Natural Resources.
SB 530. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that it shall be unlawful to hunt while intoxicated; to define a certain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test.
Referred to Committee on Natural Resources.
SB 531. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Annotat ed, relating to inactive municipalities, so as to change the provisions relating to the designation of "historical townships" and the establishment of unincorpo rated town councils.
Referred to Committee on State and Local Governmental Operations (General).

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SB 532. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings.
Referred to Committee on Special Judiciary.
SB 533. By Senators Boshears of the 6th, Harbison of the 15th and James of the 35th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indicat ed for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.
Referred to Committee on Special Judiciary.
SB 534. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Chapter 9 of Title 31, the "Georgia Medical Consent Law", so as to provide for emergency nonconsensual custody, transport, and medical treat ment for persons who are in imminent danger of death as a result of attempted suicide; to provide for definitions; to provide for immunity from liability; to pro vide an effective date.
Referred to Committee on Special Judiciary.
SB 535. By Senators Taylor of the 12th, Kemp of the 3rd, Johnson of the 2nd and others:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the maintenance and filing of rates, rating plans, rating systems, and underwriting rules by insurers, so as to require the Commissioner of Insurance to submit certain information regarding rate filings for personal passenger mo tor vehicle insurance to the chairperson of the House Committee on Insurance and the chairperson of the Senate Committee on Insurance and Labor.
Referred to Committee on Insurance and Labor.
SB 536. By Senators Newbill of the 56th, Edge of the 28th, Clay of the 37th and others:
A bill to amend Chapter 2 of Title 20 the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the State School Superintendent to act as chairperson and chief executive officer of the State Board of Education; to remove the State Board of Education's general su pervisory and personnel authority over the Department of Education and to grant such supervisory and personnel authority to the State School Superinten dent.
Referred to Committee on Education.
SB 537. By Senators Newbill of the 56th, Gochenour of the 27th, Clay of the 37th and others:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employer contributions and payments in lieu of contribu tions to the Unemployment Compensation Fund, so as to repeal provisions relat ing to the State-wide Reserve Ratio; to provide an effective date.
Referred to Committee on Insurance and Labor.

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SB 538. By Senators Newbill of the 56th, Edge of the 28th, Clay of the 37th and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to personnel administration, so as to exclude the officers, officials, and employees of the Department of Education from the classi fied service; to provide an exception.
Referred to Committee on Education.
SB 539. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felo ny if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults.
Referred to Committee on Judiciary.
SB 540. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Annotated, relating to trials and appeals in magistrate courts, so as to provide that, where available, appeals from default judgments shall be to the state court of the county; to provide procedures for such review.
Referred to Committee on Judiciary.
SB 541. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide procedures for the enactment of legislation mandating certain coverage in accident and sickness insurance poli cies; to define certain terms; to provide that such legislation bear a certain designation; to provide prerequisites for the introduction of health insurance legislation.
Referred to Committee on Insurance and Labor.
SR 389. By Senators Tanksley of the 32nd, Clay of the 37th, Crotts of the 17th and others:
A resolution proposing an amendment to the Constitution so as to limit the pow er of the state, its political subdivisions, and entities created by the state to levy fees or taxes on the real property, personal property, crops, livestock, stocks, bonds, or cash of the people of Georgia and to provide the authority and proce dure for reducing the income tax liability; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.
SR 390. By Senators Tanksley of the 32nd, Clay of the 37th, Crotts of the 17th and others:
A resolution proposing an amendment to the Constitution so as to limit the pow er of the state and its subdivisions to levy taxes and fees on the income and expenditures of the people of Georgia; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Finance and Public Utilities.

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SR 391. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th, and Ray of the 19th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assist ance Trust Fund for Individuals with Disabilities; to authorize the appropria tion of funds for the purposes of such fund; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejec tion.
Referred to Committee on Health and Human Services.

SR 394. By Senator James of the 35th:

A resolution creating the Olympic Landlord-Tenant Oversight Commission.

Referred to Committee on Rules.

The following bills and resolution were read the second time:

SB 46

HB 265

HR 161

Senator Cheeks of the 23rd moved that Senator Pollard of the 24th be excused due to illness. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Pollard of the 24th was excused.
Senator Hooks of the 14th moved that Senator Taylor of the 12th be excused due to family illness. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Taylor of the 12th 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 Gillis Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Kemp Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy Glanton Henson

Johnson of 1st Pollard (excused)

Taylor (excused) Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Slotin of the 39th introduced the chaplain of the day, Reverend Anthony Mot ley, pastor of Lindsay Street Baptist Church, Atlanta, Georgia, who offered scripture read ing and prayer.

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The following communication was received by the Secretary:
GEORGIA STATE SENATE Eric Johnson
Senator, District 1
I was present for roll call on 1/10/96, but could not get to my desk to vote. The following resolutions were read and adopted:
SR 392. By Senators Marable of the 52nd, and Dean of the 31st:
A resolution honoring the Golden Harvest on the occasion of the anniversary of its founding.
SR 393. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and Oliver of the 42nd:
A resolution commending the Georgia Industrial Technical Educators Associa tion.
SR 395. By Senator Gillis of the 20th:
A resolution expressing regret at the passing of the Reverend Lucious Merrion.
SR 396. By Senators Land of the 16th and Harbison of the 15th:
A resolution commending Columbus Police Chief Jim Wetherington.
SR 397. By Senator Madden of the 47th:
A resolution to commend the Elbert County Blue Devils high school football team.
SR 398. By Senator Land of the 16th:
A resolution commending Dr. David Peed.
The President introduced a group associated with the Georgia Independent Living Pro gram, commended by SR 388, adopted previously.
Serving as the doctor of the day today was Dr. Doris Tummillo of Augusta, Georgia. Senator Perdue of the 18th moved that upon dissolution of the Joint Session, the Senate adjourn until 10:00 A.M. tomorrow. On the motion, the yeas were 37, nays 0, and the President announced the motion prevailed at 10:50 A.M.
The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Zell Miller, was called to order by the President of the Senate. HR 746, authorizing the Joint Session of the Senate and the House, was read by the Clerk of the House.
His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows:

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STATE OF GEORGIA
OFFICE OF THE GOVERNOR ATLANTIA 30334-0900
REMARKS BY GOVERNOR ZELL MILLER State of the State Address January 10, 1996
Lieutenant Governor and Mrs. Howard, Speaker Murphy, members of the General Assembly, members of the Supreme Court, members of the Consular Corps, Ladies and Gentlemen.
Once again I stand before you to report on the State of the State of Georgia, home of the world champion Atlanta Braves. Next summer, hundreds of million of people--six out of every ten human beings on the planet--will be watching Georgia as the 1996 Olympic Games unfold in the biggest sporting event in world history.
And I am proud to report that we have a strong and dynamic profile to showcase; we have a great story to tell about a state that is striding toward the millennium.
You and I live in one of the most vibrant states in the nation. During the 90s Georgia has been the fastest growing state east of the Rocky Mountains. Only one other state has had more people moving in from out-of-state. Some moaning Minnies whine and run our state down, but it is clear that Georgia is a state where people and businesses want to be.
Since January of 1991, Georgia's employment level has increased by a half-million jobs. For the first half of this decade, we ranked third in the nation in job creation, behind only Florida and Texas, both of which, of course, have larger populations than we do.
And while the United States may have a trade deficit, Georgia has a trade surplus. In the first half of 1995, the value of our exports was $375 million more than the value of the imports coming into Georgia.
State government in Georgia has also become a national leader during this decade. And our most significant strides have been in education.
The Georgia Lottery has been a tremendous success, not only as the best start-up of any state lottery in history, but also as a source of supplemental funds for new education programs. In less than a week from now, we will hit the $1 billion mark in lottery funds for education.
And we have kept our word that it has not supplanted one single cent of existing edu cation funds. In fact, the percentage of our general funds devoted to education has also been increasing, and it reaches 54 percent of the total budget for FY 97.
The lottery funds the most comprehensive pre-kindergarten program for four-year-olds of any of the 50 states. Georgia is reaching a higher proportion of our four-year-olds-- those at risk and those not at risk--than any other state.
In the big budget for next year, I propose that we continue to expand the pre-kinder garten program from its present level of 48,000 children up to 60,000 children to ensure enough space for every child whose parents would want them to be enrolled.
I am very proud, and I hope your are too, that Georgia is the only state in the nation committed to making pre-kindergarten available to every four-year-old whose parents want it. Think about it! Georgia is leading the nation in this most important educational initiative to get our young children ready for school.
I am also very proud, as I hope you are, of the HOPE Scholarship Program. The Los Angeles Times has called it the most far-reaching state scholarship program in the nation.
As you know, under HOPE every Georgia student who graduates from high school-- public high school or private high school--with a B average, can get their tuition paid and get a book allowance at a state college or university.

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And if they keep up that B average, their HOPE scholarship benefits continue through all four years of college. As we have implemented HOPE, we have been listening to the concerns of our constituents and learning from experience. As a result, I have proposed that we raise the standards for HOPE in two different ways.
First, require a B average from HOPE scholars at our private as well as our public colleges. Our regular TEG of $1,000 per Georgia student at our private colleges will con tinue as before. But instead of every student getting another $1,500 in HOPE funds as they do now, only the B students will get HOPE funds, just as they do at our public colleges.
And since HOPE covers costs that range up to $3,000 a year for University System students, I am proposing that we treat private college students the same by offering a HOPE scholarship of $3,000 to the Georgia students at our private colleges who have a B average.
This change will provide parity between public and private colleges--both in the aca demic requirements of the HOPE program and in the financial assistance it provides.
Second, we have learned from experience that many of the HOPE scholars who now need remedial courses or have trouble keeping a B average in college, had gotten their B average in high school by doing well in easy, non-academic courses. That is not fair, and it really short-changes the student in the long run.
So in addition to requiring a B average in high school, we are going to set higher aca demic standards that high school students must meet to get a HOPE scholarship. And, to give everyone a fair chance to build a strong high school record, we will begin these new standards with the students who will be freshmen in high school in the fall of 1996.
To qualify for a HOPE scholarship four years down the road in the year 2000, students will have to have maintained a B average in what is called the core curriculum. This in cludes four years of English, three years of math, three years of science and two years of foreign language. In these courses is where the B average must be maintained, not in electives.
This change will use the HOPE Scholarship Program as an incentive to encourage high school students to work harder and do well in the more difficult courses. And in the long run, we will send our colleges better-prepared students who will be less likely to lose their HOPE scholarships.
We know that 70 percent of the jobs of the future will not require college degrees, but will require post-secondary training. So, for students who don't have a B average or don't want to go to college, HOPE pays their tuition and provides a book allowance for a diploma program at a post-secondary technical institute.
In its first two years, HOPE has assisted more than 105,000 Georgia students. It is convincing proof that Georgia's young people and their parents do understand just how important education is to their future success.
At all levels of education --K-12, our technical institutes and our University System-- my goal is to concentrate our resources on our classrooms. Because that is where learning takes place.
No child learns to read in the Governor's office or in the chambers of the General Assembly. No child learns to multiply or divide in the offices of the State Department of Education or their local superintendent. If we want to improve education, we must change what happens in the classrooms of Georgia where our children learn.
That is why I want the best teachers for Georgia's children. And I want to demand excellence in the classroom from those teachers. But I also understand that if you want excellence, you have to be willing to pay for it.
Two years ago, we enacted a five percent teacher salary increase. As a result, Georgia moved up from 33rd to 30th in the state rankings for last school year. Last session we

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enacted a six percent increase for the current school year. And we are going to keep mak ing progress.
Just like I promised, this budget includes $166 million for another six percent raise for teachers in our public schools next year. And if we do it again for two more years after this, Georgia's teacher salaries will reach the national average, and, even more importantly, Georgia will lead this region.
That is the only way we are ever going to be able to attract and hold the best teachers for our children. That is the only way we will be able to demand excellence and improved student performance in the classroom.
And to make it easier for public school systems to give that full six percent raise to teachers, I have recommended an increase of $39 million in maintenance and operations funds for local systems and $39 million to pay for Medicare on teachers salaries.
Georgia state government has excelled in other areas as well. Our top-notch bond rat ings are intact, with the bond rating agencies specifically citing the replenishing of our state reserves ahead of schedule, our strong economy and the responsible way in which we are improving education and expanding the infrastructure we need to sustain future growth.
The Revenue Shortfall Reserve, which was completely empty when I took office, has been refilled to its legal limit of $288 million and is the highest it has ever been in history.
Our general lottery reserve of 10 percent of the previous year's lottery collections is also full. And, in addition, as you may recall, we have a special reserve for the HOPE Scholarship Program that is to contain a full 50 percent of its cost, to ensure that our HOPE scholars are never threatened by a funding shortage.
I used the first $75 million of the lottery surplus from last year to go ahead and com pletely fill the HOPE Scholarship Reserve to 50 percent of the program's cost. And then the remaining $63 million in surplus is in the supplemental budget.
It is my goal as Governor to leave all of Georgia's reserves full for my successor, and I want to ensure that HOPE will always be available to Georgia's students.
I know it was pointed out yesterday, but it bears repeating. Georgia is a low-tax state. The amount of tax and fee revenue we collect per capita in Georgia is lower than all but two other states. What is happening this week will improve on that. And I want to say thanks for your support for the biggest tax cut in Georgia history.
Of all the necessities of life, food is the most fundamental. So we are going to remove the state sales tax entirely from groceries, giving a tax break to every Georgia household every time they sit down to dinner. It is a $500 million tax cut.
The first two cents of state sales tax will come off of groceries in October of this year. The third cent will come off in October 1997, and the fourth cent in October of 1998. And we can do it by being frugal and careful--some might say downright stingy--with the money entrusted to us by Georgia taxpayers.
Theodore Roosevelt, one of my all time favorite statesman, once described his Square Deal and I quote "Exactly as much a Square Deal for the rich man as the poor man, but not more." That's the philosophy of this tax cut. Everyone is treated exactly alike, the rich man and the poor man.
Over 200 years ago, this nation was founded on a belief in limited government. But over the past several generations, government has been increasingly called upon to inter vene in more and more social and economic problems.
As a result, the size of government has increased dramatically, with too little thought given to the question ofjust exactly what role government ought to play, or to the long-term costs and consequences of a government that keeps getting bigger and bigger.

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So today, many have come to see government as the problem, and not the solution. They often see waste and inefficiency. They see too many of their hard-earned tax dollars being spent with little results for them.
This government is not yours; it is certainly not mine. It belongs to the people of Georgia, who foot the bill and pay its costs. And the only reason, the only reason you and I are here, is to make it do what they want it to do.
That is why I have undertaken major government reform through budget redirection, and through a bi-partisan, public-private commission that is taking a hard look at exactly what government should be doing, and what should be left to the private sector.
Let me state three facts, three givens: 1) Our citizens want better service from state government on the issues they care about. 2) They are not willing to pay more to get those services, because ... 3) They are not convinced that they have been getting value for their tax dollars.
Many of them stay up late at night, sitting at the kitchen table with their checkbooks, worrying over how to make ends meet. And they ask themselves a critical question about almost every item in that checkbook: Can we afford it?
Can we afford it? That is the same question we must ask in state government. It is at the heart of budget redirection. We are taking the money we already have and making it do more.
Every single state agency and department has worked together with me to cut admin istrative costs and identify programs that are out-of-date, or not producing results. And I want to commend and thank them for their efforts.
We have culled existing funds away from administrative overhead and from programs that are outdated or not working. And we have put that money into the top-priority pro grams of our citizens and taxpayers like education.
And this, my friends, is how we have been able to increase funding for education by over one billion new dollars this legislative session, while at the same time enacting the biggest tax cut in Georgia history.
In addition, this bi-partisan privatization commission is examining every area of state government to identify functions and programs that should be privatized, either because they belong in the private sector, or because out-sourcing is a more efficient use of our resources.
And I want to emphasize that the commission is giving careful study to the ramifica tions, and consulting with the Attorney General to make sure that all private contracts protect the interest of the state and the public.
In this budget, I have passed along several privatization initiatives proposed by the commission, including the War Veterans Nursing Home in Milledgeville. The commission's study found that South Carolina operates a similar facility under private management with 169 fewer employees and at 50 percent of the cost of the Milledgeville facility. Can we afford that kind of extravagance? I think not.
Other projects for privatization are the Evergreen Resort and Conference Facility and the Olympic Tennis Center at Stone Mountain Park; the Lake Lanier Islands Resort and Water Park; the lodges and conference facilities at Unicoi, Amicalola Falls and Red Top Mountain State Parks; the new 500-bed prisons in Coffee, Wheeler and Charlton Counties; and the collection of delinquent taxes.
The commission is continuing to examine additional functions, including vehicle tags and titles, revenue collection, building maintenance and security, welcome centers, Medicaid and administrative support functions.

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Government cannot do everything; it cannot do all the things we used to think it could. We need to identify clearly the important responsibilities that government should right fully undertake, and then deliver those vital services effectively and efficiently with a mini' mum burden on our taxpayers. Privatization offers us the opportunity to do that, and I ask for your bi-partisan support of this important bi-partisan initiative.
I will also bring you legislation to revise the State Merit System, which was estab lished more than 50 years ago to create a professional workforce that was free of political cronyism. And at the time, that was a valid and important goal.
But too often in government, we pass laws to fix particular problems of the moment, and then we allow half a century to roll by without ever following up to see what the longterm consequences have been.
Folks, the truth of the matter is that a solution in 1943 is a problem in 1996. The problem is governmental paralysis, because despite its name, our present Merit System is not about merit. It offers no reward to good workers. It only provides cover for bad workers.
It can take six to eight weeks to fill a critical position in state government. It takes a year to a year and a-half to fire a bad worker, because of a mountain of endless paperwork, hearings and appeals. Productivity is the name of the game, and we lose it when positions go unfilled.
We also encourage resentment among the many good state employees when they see a few bad workers kept on and given the same pay raises, because managers are discouraged and intimidated by the endless and complicated process of firing or even disciplining them.
And yes, do not overlook this important fact: The present Merit System also makes it difficult in many cases to hire qualified minorities.
I have talked at length with Philip Howard, author of the best-selling book, The Death of Common Sense. I had department heads read it, and I commend it to all of you. And he's right when he says, "Universal requirements that leave no room for judgment are almost never fair, even when the sole point is to assure fairness."
So I am calling on you to join with me in creating an up-to-date, modern and respon sive state personnel system to better serve the taxpayers of Georgia. They are the ones who are now paying for its waste and inefficiency.
Please listen closely and underline this: My plan will have absolutely no effect on the job security of a single present state employee. Not the first one. But beginning on July 1, 1996,1 am proposing that all vacant state positions become unclassified. This will provide for a gradual and orderly transition from the old, antiquated system to the new, stream lined one.
To ensure that our new state compensation plan is fair--and that is very important to me--we will continue to maintain a system of statewide pay ranges which will apply to both classified and unclassified workers.
Also, please understand that qualification standards and training programs will con tinue just as they are. And as an additional safeguard, regular and comprehensive audits will be conducted to ensure that the new state personnel system is not abused.
If you look back over the course of this administration, you can see that we have been laying the ground work for government reform for some time.
Growth in state employees since 1991 has been lower than growth in population, and significantly less than the job growth in the private sector. The only reason we have had any state employment growth to speak of at all, is because we have opened over 14,000 new prison beds--an increase of over 50 percent--since 1991.
Our prisoners are serving longer sentences. We have developed a boot camp system that has become a national model. And our "two strikes and you're out" law is the toughest in the nation for violent crime.

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Those efforts are paying off. Georgia is becoming a safer place to live. GBI statistics show that Georgia's violent crime rate has declined by 20 percent during the first half of the 90s.
But more needs to be done. The Augusta Chronicle recently cited a national survey which found that as many as half of America's teen pregnancies are the result of males age 20 or older taking advantage of young girls. I want it to be clear that in Georgia these predators who prey on our young girls will be put away for a long time.
So I will bring you a change to our statutory rape law to require a mandatory sentence of at least 10 years for any adult who has sexual relations with a child who is less than 14 years old. I also want a minimum sentence in cases where the victim is between 14 and 16, and the predator at least 21 years old.
Another area where the citizens of Georgia want government to work for them is mak ing streets and highways safer. Every day somebody's loved ones are hurt or killed by drunk drivers, and we need to send them a strong message: In Georgia, we well not toler ate drunk or drugged drivers on our roads.
So this year, just as I have every year I have been Governor, I will bring legislation to you to close up loopholes and provide tougher penalties for DUI.
I want first-time offenders to spend at least 24 hours in jail, which ought to be a sober ing experience. I also want zero tolerance for alcohol in the blood of underage drivers, who are not legally supposed to be drinking at all. And on this provision, I am now coming with the weight of Georgia's federal highway funding behind me. We risk losing some of it if we don't enact a zero tolerance law for underage drivers.
I am also asking you, once again, to close that huge, gaping loophole provided by the nolo plea, which allows far too many drunk drivers to avoid license suspension. To my knowledge, Georgia is the only state in the nation that allows avoidance of license suspen sion with a "nolo" plea. And to make our efforts to keep habitual offenders off the highways more effective, I want to impound the license plates from their vehicles.
Now, I'd like to look a little more closely with you at the budget for FY 97 which was put on your desk this morning.
First, you should know that this budget reduces the number of state government jobs by a net... a net of 902. I have actually eliminated several hundred more positions, but they are offset by new jobs created by the opening of new prisons and the like.
Next, you should know that this budget redirects more than $627 million in existing funds from lower priorities to higher priorities. About two thirds of that redirection hap pens within agencies, and the remaining third is redirected across agency lines. Even after you add in the four percent pay raise that this budget provides for state employees, half of our state agencies will still have less money to spend next year than they had this year.
But that does not mean they will be less effective. The Department of Human Re sources, for example, is one of those agencies whose budget for next year is slightly less than this year.
But a lot of positive things are happening in the DHR budget. A lot. Nearly $74 mil lion has been culled from places like administration, ineffective programs and the closing of 236 institutional beds. Much of that money has been redirected to prevention, early child hood intervention, education and community-based services.
More than $4 million of it expands core community-based mental health services to severely emotionally disturbed children, making these basic S.E.D. services available statewide for the first time. Before this administration, these services were available in only two counties.
We are also expanding core community-based services for the chronically mentally ill so that no area of the state will be without some level of C.M.I, community service.

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We are again adding more slots to community programs for the elderly--over 800 slots this time. And we are allocating nearly $2 million to continue to expand community-based day and residential services for the mentally retarded.
The DHR budget also reflects the undeniable success of Georgia's welfare reform and Work First initiatives.
We are a national leader in welfare fraud investigation. We are third in the nation in getting AFDC recipients off welfare though child support collections. And speaking of child support, let me remind you of the bill I proposed and the Senate passed last year to sus pend the professional licenses of deadbeat parents. And I want to make that bill even stronger this year by adding driver's licenses as well.
Other states are using this policy with great results. Texas, for example, collected an additional $5 million in the first three months that their license suspension law was in effect. Please, let's amend and pass this bill in the House and give our child support en forcement staff another very important tool in forcing parents to take responsibility for their own children.
Mike Thurmond is running an agency that is putting people to work rather than on welfare. For years, before Michael came along, the old system of welfare denied them that dream.
Today in Georgia, people may go to their local DFACS office intending to go on welfare. But what they find as soon as they walk in the door is a listing of available jobs, and mater ials on how to apply, write a resume or get job training.
The Macon DFACS office, for example, has steered more than a third of its new welfare applicants into jobs rather than onto the AFDC rolls. I like what a Macon Telegraph edito rial said about that: "Nothing magical here, more like common sense in action."
As a result, our welfare rolls have begun to decline. More than 6,000 have dropped off the rolls since August of 1994. And because they have, we are able to reduce our AFDC appropriation in both the supplemental and the big budgets, and redirect that money to other uses.
We are still waiting for Washington to make up its mind on welfare, but you can see in this budget that Georgia's emphasis is going to be on work. We are moving 140 staff away from the job of determining eligibility to get onto the welfare rolls, and putting them into the Work First program to get people off of the welfare rolls.
And we're doing something else that I think is important. We are putting a higher priority on helping low-income families with day care, so that they can stay off of welfare.
This budget helps working parents with the cost of daycare for 7,000 children--3,800 whose parents are in the Work First program, and 3,200 from working poor families who are at risk of going on welfare.
In the Department of Medical Assistance, we did a serious, detailed study of our pro vider rates. And what we found was an eye opener. In many instances our rates in Georgia were much higher and much more generous than the states around us.
We found instances in which our rates resulted in some hospitals being paid more than their actual costs. We found instances in which our rates were much higher than the rates paid in the private sector for the very same services.
So we have adjusted our provider rates to put Georgia in line with the rest of the Southeast and with other states of similar size and demographics across the nation. That produced $85 million in savings. In addition, we expect to save $18 million by expanding our managed care initiatives, and $9 million from our initiative to crack down on Medicaid fraud and abuse.
We have taken $60 million of these savings and used it to provide for modest growth in Medicaid recipients. And $10 million will establish community-based programs as alterna tives to institutions.

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Medicaid is another issue on which we are waiting for Washington to make up its mind. And the Georgia Coalition on Health--which includes private business, health care providers, citizens and the state--will study the coming federal changes and hold hearings on how the state should respond.
The Coalition has also proposed that we create Healthplan Purchasing Cooperatives to help small businesses provide health insurance for their employees. And I urge your sup port for this important measure.
For the Department of Corrections, Wayne Garner, who I think you will agree is off to an impressive start as our new commissioners, gave me a budget that was not just flat, but actually was lower than the present budget. But in that budget, we are doing some signifi cant things. We are opening another 876 new prison beds and increasing county jail subsi dies for housing state inmates from $15 to $20 a day.
Year before last, we worked together to do something that needed to be done for those men and women who risk their lives every day to keep our highways and communities safe. We gave our state troopers and GBI agents a five percent salary increase, you will remem ber, on top of their regular pay raise.
This year I want you to help me do the same for our correctional officers who risk their lives daily dealing with our most dangerous incarcerated criminals--five percent on top of the regular four percent proposed for all state employees, so that correctional officers will get a nine percent salary increase this year.
We can do all three of these things--open new beds, increase the jail subsidy and fund this special salary increase--through redirection. We have reduced administrative over head and streamlined the non-security functions of the department, freeing up more than $20 million in existing funds.
The story is similar with the GBI--a slight decrease in the bottom line, but you will find numerous instances of redirecting funds to beef up critical functions and speed up services for local law enforcement agencies.
As you may recall, last year we began to add a specialist in domestic violence to the staff of each of our GBI regional offices. These special agents are trained to handle all aspects of spouse, elder and child abuse, including methods of questioning victims, wit nesses and the accused. This year I want to increase the number of specialists from eight to 15, which virtually provides statewide coverage.
A new forensic lab is being opened to serve Northwest Georgia. And we are adding some staff to the main lab. And all these things, keep in mind, are being done with redi rected funds.
In the Department of Public Safety, we are redirecting 29 existing troopers out onto our highways. And we are using redirected funds to establish nine travel teams to issue driver's licenses in the 107 counties that have no facilities.
Juvenile crime is the most troublesome area of law enforcement today, and we have almost doubled the budget for this department during my administration. We will have more than doubled it before I'm through. This session, we will add over 1,000 new beds for juvenile offenders across both budgets--a 75 percent increase in our capacity.
But once again, budget redirection is helping us respond efficiently. Gene Walker got in there, like I knew he would, and took a firm hold on one of the most challenging depart ments in all of state government.
He did some careful evaluation, and one of the things he found was that the Commu nity Treatment Centers were ineffective in reducing juvenile recidivism, so we are redi recting 56 positions into court services, primarily to reduce the caseload of service workers.
Even education, which is the top priority in this budget and the primary recipient of the funding increases, is nevertheless a full participant in budget redirection. And Linda Schrenko, our hard-working and forward-thinking superintendent, is leading the way in

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cutting back administrative overhead with what she's doing in the Department of Education.
You will remember the central office was cut last year at her direction, and we're cut ting it again this year at her direction. And local systems, if they had the will, could do the same.
If you take the number of children that are in our public schools and divide it by the number of state-paid educators on the payroll, you come out with a ratio of one educator for every 15 children. Actually, it's a little lower than 15 children. So, we've got a lot--an awfully lot--of educators on the payroll.
I am working very closely with Superintendent Schrenko. And I urge you to put aside partisanship and help her reject the staus-quo mentality of the educational establishment, which, I regret to say, fights change more than any group I know of. We are also doing budget redirection within the QBE formula itself, shifting funds from lower priority areas to higher priority areas.
Of the $78 million in additional funds for "M and O" and to pay the Medicare portion of teachers' salaries--$32.6 million of that is new money. The rest comes from redirection within the QBE formula.
The University System is redirecting $45 million of existing funds from lower priorities to higher priorities. And all of the general fund improvement items for the Department of Technical and Adult Education use existing funds that have been redirected from within the department.
There are many, many instances of redirection in this budget--over $627 million worth--far too many for me to list. But I hope these examples give you an idea of how we are using budget redirection to make state government more effective and more efficient.
But as Georgia's population and economy continues to grow, we are anticipating some revenue growth for next year, even with the tax cut and the coming economic slowdown that is inevitable. We are projecting 4.9 percent revenue growth in the upcoming year, and the budget does contain some new expenditures, mostly for education.
I have already mentioned the 6 percent salary increase for teachers in our schools, colleges and technical institutes. And the 4 percent pay raise for state employees.
As our general population grows in record numbers, so does our school population. So we need to add $131 million to the QBE formula for next year, primarily to address enroll ment growth, as well as provide $93 million in bonds for new construction and renovation in 38 school systems.
The Department's budget also includes $11 million in bonds for new libraries in eight counties. We're going to build them, but I hope you will look closely at the library funding formula, because I think we need to consider slowing down this spending.
We've built 184 libraries in Georgia in the past 10 years. Perhaps we need to pause and take a hard look at just how many more we actually need, and where.
Most of the new funding in the Department of Technical and Adult Education goes to open and staff the new facilities and satellite campuses we have been building in response to record enrollment growth.
We are also adding full-time adult literacy teachers and computers in another 25 coun ties. My goal, as you may recall, is to have at least one full-time adult literacy teacher in every Georgia county. With this expansion, we will have covered 133 counties, leaving only 26 more to go. And I hope to be back next year with those.
Last year, 21,200 Georgians got their GEDs, one of the highest state totals in the na tion. This year our goal is 22,500. And I want to thank Jean DeVard Kemp and Shirley Carver Miller and all the others out there who are responsible for these record-breaking numbers.

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The lottery provides $49 million to build five satellite centers in Appling, Early, Polk, Union and Crisp Counties, renovate institutes in Habersham, Thomas and Cobb Counties, and to provide computers and training equipment for new facilities. After they open, we will then have 15 satellite facilities, along with our 37 technical institutes--a total of 52 campuses around the state.
And here is another area where I believe we've about reached the saturation point. We now have a facility where you can learn a skill or a trade with a HOPE scholarship within 30 to 40 minutes driving time of nearly every person in the state. Any more any time soon would be too many. And I do not plan to propose any more satellites during this administration.
I also want to spend $1.4 million to bring our technical institutes on-line with the massive electronic library we have already established for the University System. This state-of-the-art, $10 million electronic library is based at The University of Georgia and operates off of a computer platform at Georgia State University.
It allows us to make more efficient use of our library dollars by providing every institu tion in the University System with more resources than any one of them could afford alone. I want our technical schools to also share in it.
University System enrollments also continue to grow, thanks to the HOPE program, which is making college affordable for more Georgia families. We are the fourth largest public system in the United States, with more than 200,000 students in degree programs. And that is absolutely wonderful, but an additional $19 million is needed for the system formula.
And $79 million in bonded construction addresses needed new buildings at Valdosta State, Southern Tech, Savannah State, Dalton College, Floyd College, The University of Georgia and flood construction at Albany State.
These funds will also repair fire damage at UGA's Brooks Hall, renovate a building at Brunswick College and improve the drainage system at South Georgia College in Douglas.
The Regents budget also includes $23 million for eight special initiatives that build on the solid base we established last year with the funding of student-centered, technologydriven initiatives that benefit all institutions in the system.
We are going to upgrade our teaching faculty at the 30 non-research institutions by providing professional development and creating a master teacher program.
And we will use lottery funds for a model classroom for the master teacher program at each one of these 30 institutions.
We are also going to expand our distance learning programs, provide for some special renovation and rehabilitation, and expand our traditional industries research initiative.
Included in the lottery funds for the University System is $16.4 million for the Equip ment, Technology and Construction Trust Fund which, as you may recall, is matching money to leverage private contributions for our University System institutions.
Lottery funds will also provide equipment for the Georgia Research Alliance. Our six Research Alliance universities are doing more research than those universities that make up North Carolina's Research Triangle.
And we are beginning to see the long-term return on our investment. New, start-up companies are beginning to spin off to produce Research Alliance discoveries and inven tions, which have been featured in publications from Business Week to Popular Science. Major high-tech firms like Avian Farms, Rhone Merieux and Rayonier are moving to loca tions all around Georgia to take advantage of our superior research programs.
Other economic development projects in this budget include another $100 million for our economic development highways, and funds to complete the construction of Container Berth 7 at the Garden City Ports Terminal in Savannah.
The Port of Brunswick, as you may recall, has been seriously handicapped in its devel opment, because we could not dredge the channel deeper than 30 feet without undermining

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the piers of the Sidney Lanier Bridge. The $20 million to complete the replacement for the Sidney Lanier Bridge is in the supplemental budget.
So in the big budget, I want to provide $550,000 to match funds from the federal gov ernment and the Georgia Ports Authority for a study on deepening and modifying the Brunswick channel. I want to make Brunswick, Georgia, an attractive, world-famous, first-class port.
And finally, there are some special expenditures in the two budgets of this legislative session that we have never had before, and won't have again for a long time to come. They fulfill the state's security obligations for the 1996 Summer Olympics.
We are participating in a coordinated security effort involving the Atlanta Committee for the Olympic Games and federal, state, county and city law enforcement agencies. It will involve over 2,600 personnel from state agencies, including nearly 2,400 sworn law enforce ment officers. Two-thirds of the Olympic venues are on state-owned property. And we are responsible to provide security at and around these venues.
This special appropriation begins in the supplemental budget, which contains $9.5 mil lion to contract in advance for housing and food for these security personnel and to do some specialized training. And the big budget contains just over $12.2 million for security costs during the Games themselves.
We expect that the revenue bump we get during the Games will offset the cost of this security. It will be about a wash.
You will also find some one-time money in this budget to keep our welcome centers open for longer hours during the Olympics and do a special events promotion called "Georgia Tourism on Parade."
Barcelona has sustained a 25 percent increase in tourism since they hosted the Olym pics four years ago, and we are trying to do the same in Georgia.
I have also recommended that we provide the 20 percent state match to draw down federal funds for a new welcome center on 1-20 at Augusta, replacing the old center built in 1969.
My over-riding goal as Governor is to make the government of Georgia work for the people of Georgia. And that is what this budget does. It addresses the needs and issues that our citizens care about. It makes government leaner. It makes government more efficient.
It enhances education with over one billion new dollars. But at the same time it pro vides for the biggest tax cut in state history.
Kris Kristofferson, the Rhodes scholar and great country music song writer who went on to become a Hollywood actor, recently released a new album. I buy all of his stuff, be cause I've always found he has something to say.
He's got a song on there--not in the class of his "Help Me Make It Through the Night" or "Me and Bobby McGee"--but its title caught my attention. A song called "Slouching toward the Millennium." And I suppose that describes how some people view our impend ing encounter with the 21st century.
In Georgia, however, we are not slouching. We are "Striding Toward the Millennium." 1996 is the year of opportunity for this state. It is the year of the Georgia Olympics--the opportunity of a lifetime, of several lifetimes, to showcase Georgia to the world.
When the world stoplight shines on Georgia in a few months, we are going to show them a state that is beautiful and friendly, vibrant and healthy ... a state where people and businesses want to be ... a state that is not slouching reluctantly toward the millen nium, but a state that is striding confidently and boldly to embrace the future.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 11, 1996 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 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 1181. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commission ers should adopt comprehensive land use regulations for unincorporated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created.
HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd and others:
A bill to amend Code Section 47-16-101 of the Official Code of George Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit.
HB 1012. By Representatives Greene of the 158th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-310 of the Official Code of George Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, so as to provide for additional creditable service for prior service with such employer.
HB 1047. By Representatives Cummings of the 27th and Twiggs of the 8th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peach Officers' Annuity and Benefit Fund, so as to provide that the benefits retired members who are em ployed as a peace officer for less than an average of 40 hours a week shall not be affected.
HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Annotated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County.

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HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th and others:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum number of years of credita ble service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' service required to qualify for retirement.
HB 749. By Representative Holmes of the 53rd:
A bill to amend an Act entitled "An Act To Continue the Fulton County School Employees Pension Fund," so as to provide a minimum pension amount; to pro vide that spouses' benefits shall continue after the remarriage of the spouse.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 383. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment on January 12, 1996, and reconvening on January 22, 1996.
The following bills and resolutions were introduced, read the first time and referred to committees:
SB 542. By Senator Madden of the 47th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions applicable to professional counselors, social workers, and marriage and family therapists, so as to provide an exception with respect to persons engaged in the practice of a specialty as an employee of the Department of Labor.
Referred to Committee on Health and Human Services.
SB 543. By Senator Langford of the 29th:
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to the crime of statutory rape, so as to change the penalty provisions applicable to persons of a certain age who are convicted of such crime.
Referred to Committee on Judiciary.
SB 544. By Senator Langford of the 29th:
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, so as to change provisions relating to deposit of driver's licenses in lieu of bail in traffic and motor vehicle cases; to provide for driver's license display in lieu of bail, instead of driver's license deposit; to provide for recordation of license number by the apprehending officer; to provide for suspension of license upon failure to appear.
Referred to Committee on Judiciary.

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SB 545. By Senators Slotin of the 39th, Oliver of the 42nd and James of the 35th:
A bill to amend Article 4 of the Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to change a defini tion; to change provisions relating to the dissolution of a land bank authority; to change provisions relating to the board of the authority; to change provisions relating to the administration of properties; to change provisions relating to the acquisition and disposal of property.
Referred to Committee on Finance and Public Utilities.
SB 546. By Senator Cheeks of the 23rd:
A bill to abolish the Augusta-Richmond County Coliseum Authority, as amended.
Referred to Committee on State and Local Governmental Operations.
SB 547. By Senator Middleton of the 50th:
A bill to amend code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the term of court for Dawson County.
Referred to Committee on State and Local Governmental Operations (General).
SR 399. By Senators Marable of the 52nd, Oliver of the 42nd, Thomas of the 10th and Hill of the 4th:
A resolution creating the Joint Guardianship Rewrite Committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 1181. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commission ers should adopt comprehensive land use regulations for unincorporated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created.
Referred to Committee on State and Local Governmental Operations.
HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th and others:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum number of years of credita ble service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' service required to qualify for retirement.
Referred to Committee on Retirement.

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HB 749. By Representative Holmes of the 53rd:
A bill to amend an Act entitled "An Act to Continue the Fulton County School Employees Pension Fund", so as to provide a minimum pension amount; to pro vide that spouses' benefits shall continue after the remarriage of the spouse.
Referred to Committee on Retirement.

HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotat ed, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit.
Referred to Committee on Retirement.

HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Annotated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund so as to delete a reference to the State Court of Richmond County.
Referred to Committee on Retirement.

HB 1012. By Representatives Greene of the 158th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, so as to provide for additional creditable service for prior service with such employer.
Referred to Committee on Retirement.

HB 1047. By Representatives Cummings of the 27th and Twiggs of the 8th:

A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the benefits retired members who are em ployed as a peace officer for less than an average of 40 hours a week shall not be affected.

Referred to Committee on Retirement. The following committee report was read by the secretary:

Mr. President:

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

SB 493. Do pass.

SB 494. Do pass as amended.

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

Senator Edge of the 28th moved that Senator Crotts of the 17th be excused to attend a funeral. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Crotts of the 17th was excused.

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51

Senator Cheeks of the 23rd moved that Senator Pollard of the 24th be excused due to illness. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Pollard of the 24th 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 Day Dean Edge Egan
Gillis

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

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

Those not answering were Senators:

Abernathy Black Crotts (excused) Farrow

James Johnson of 2nd Pollard (excused) Ragan

Starr Thomas Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Walker of the 22nd introduced the chaplain of the day, Dr. Johnny Hatney, pastor of Good Hope Missionary Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.
The following communication was received by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
January 11, 1996

Mr. Frank Eldridge Secretary of the Senate 353 Capitol Building Atlanta, Georgia 30334

Dear Frank:
I was not present for roll call vote on Thursday, January 11, 1996 due to being on the telephone with a constituent.
Please see that my name appears on roll call as being present on this day. Thank you for your assistance.
Sincerely, /a/ John (J. L.) Black

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The following resolution was read and adopted:
SR 400. By Senator Oliver of the 42nd:
A resolution commending the DeKalb School System Magnet Programs, in par ticular the Chamblee High Magnet Program for High Achievers, for the out standing job in preparing Georgia students for college and careers.
Senator Oliver of the 42nd introduced students from Chamblee High School and Dr. Purcell, who addressed the Senate briefly.
SENATE CALENDAR Thursday, January 11, 1996 FOURTH LEGISLATIVE DAY
SB 46 Lottery for Education Account -- appropriations for computer training (Substi tute) (EDT&C-46th)
HB 265 Sales tax; exempt certain food items (F&PU-12th) Baker-70th
HR 161 Rosa M. Tarbutton Memorial Library; designate (EDT&C-20th) Lord-121st The following general bills were read the third time and put upon their passage:
SB 46. By Senators Broun of the 46th, Hooks of the 14th, Ray of the 19th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the pur pose of providing teachers and personnel at public postsecondary technical insti tutes under the authority of the Department of Technical and Adult Education the necessary training in the use and application of computers.
Senator Broun of the 46th moved that SB 46 be postponed to Friday, January 12. On the motion, the yeas were 48, nays 0; the motion prevailed and SB 46 was post poned to Friday, January 12. The Secretary read the following Certification of Election from the Secretary of State:
Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S. E. Atlanta, Georgia 30334-1505 January 11, 1996
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Ga. 30334
Dear Secretary Eldridge:
I am transmitting herewith the name of the Senator elected in the January 9, 1995 Special Election Runoff for the office of State Senate in the General Assembly of Georgia from District 21, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am Most Sincerely,
/s/ Lewis A. Massey

THURSDAY, JANUARY 11, 1996

53

OFFICE OF SECRETARY OF STATE
<? Jecrefar<?u
t/0 AeSVMf Cerftifa fAaf that the consolidated returns on file in this office for the Special Election held on the 19th day of December, 1995, in District 21 of the State Senate, in a portion of Cobb County, to fill the vacancy existing due to the resig nation of the Honorable Johnny Isakson, show the following results:
Ash Hanna __---_TM__'------------ 242 Gary L. Harris ------------------------------154 uason jtuasty-------------------------- 040 Robert Lamutt __'--_________1 894 Ernie Norsworthy--------------------------165 William "Bill" Venema-----------------2,503 Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on January 9, 1996 and the consolidated returns on file in this office show the following results: Robert Lamutt ----------~----------2,946 William "Bill" Venema -----------------2,537 Having received a majority of the votes cast, Robert Lamutt was duly elected to this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this llth day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-Six and of the Independence of the United States of America the Two Hundred and Twentieth.
ot ST/ITI.
Supreme Court Justice Harris Hines administered the Oath of Office to Robert Lamutt, Senator-Elect, 21st Senate District.

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The Calendar was resumed.

HB 265. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales and use tax, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes.
Senate Sponsor: Senator Taylor of the 12th.

Senator Perdue of the 18th moved the previous question.
On the motion, the yeas were 45, nays 0; the motion prevailed, and the previous ques tion was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Broun of 46th Crotts (excused)

James Pollard (excused)

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed. The following communication was filed with the Secretary:

January 11, 1996

Secretary Eldridge,
I hit the wrong button on the vote for HB 265. I hit page instead of "yea". Please add me to the yes list.
Thank you /s/ Sen. Donzella J. James
35th District

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55

Senator Perdue of the 18th moved that upon dissolution of the Joint Session, the Senate stand adjourned until 9:00 A.M. tomorrow; the President announced that the mo tion prevailed at 11:02 A.M.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives and the Joint Session called for the purpose of hearing a message from Honorable Robert Benham, Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 748, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
Chief Justice Robert Benham addressed the Joint Session as follows:
State of the Judiciary Address January 11, 1996
To Lt. Gov. Howard, Speaker Murphy, officers and members of the House and the Senate, my colleagues on the Supreme Court, Chief Judge Beasley and my colleagues on the Court of Appeals.members of the judiciary, department heads, visitors and friends, it is indeed a pleasure and a privilege to deliver the State of the Judiciary Address on behalf of the judicial branch of government.
My presence today makes a dozen times that I have attended a State of the Judiciary address, but it marks the first time I have had the pleasure of delivering the address. As Chief Justice of the Georgia Supreme Court, I would like to thank you for inviting members of the judiciary to appear before a joint session of the House and Senate to inform you as to the state of the judicial branch. I would also like to thank you for extending the invitation to me to deliver the address in 1996 for this year represents an historic occasion for the court and for my family. The Supreme Court of Georgia held its first session in my home of Bartow County in 1846 and this year it is celebrating the court's 150th birthday. The Court will celebrate its birthday with various activities during the month of April. The celebration marks the completion of 150 years of the administration of justice and the be ginning of many more years of administering justice. During this Sequiscentennial year, this Court will hold its proceedings outside of Atlanta, in Louisville, Georgia, where that court will be celebrating its Bicentennial. We will continue our tradition of holding court from time to time outside Atlanta and bringing the court to the people as we have done in Talbotton, Savannah, Athens, Cassville, New Echota and Tifton.
This year also represents my family's 150th anniversary as residents of Georgia; there fore, it is indeed an honor to celebrate the court's sesquicentennial along with my family's sesquicentennial. We hope that you will join with us later this year during the celebratory activities.
For the twelve years that I have served on the appellate courts, the Chief Justice has delivered the State of the Judiciary address, outlining the accomplishments of the judiciary and pointing out the needs of the various courts. This year will be no exception. To put things in perspective, a short two years ago, then Chief Justice Harold Clarke thanked you for the pay raise for judges in his address and pointed out the need for adequate funding for the courts. Last year Chief Justice Willis Hunt, in addition to giving you an update on the judicial branch and some vision of the court's future, asked you to fund additional judges for the superior courts of this state. Where possible you have fulfilled our budgetary requests and you have set in motion steps for the funding of additional judges. In the last year alone, 24 superior court judgeships have been authorized and filled, thereby allowing some relief to our overburdened trial courts. We deeply appreciate your attention to our needs.
To give you some glimpse of the heavy caseloads our various courts handle, in 1994, the last year for which statistics are available, over 310,000 cases were filed in the various superior courts, nearly 700,000 cases were filed in state courts, almost 120,000 cases were filed in juvenile court, nearly 236,000 filed in probate court, and approximately 802,000 cases filed in magistrate courts. That year, 3,911 cases were filed in the Court of Appeals,

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and 1,954 cases were docketed in the Supreme Court. While the figures pertaining to the lower courts include civil and criminal cases, they do not include cases disposed of in the various recorders courts and traffic courts throughout the state. As you can see from these figures, a tremendous amount of litigation takes place in the courts of this state. Therefore, it is imperative that we attract and retain highly qualified individuals to serve as judges on the various courts throughout the state. We have some of the best and brightest judges in this country and we must maintain a high level of competence by providing adequate com pensation and also excellent legal training within the state of Georgia.
This session will see several bills introduced concerning the operation of the courts. We feel it would be improper for us to comment on these bills since from time to time some of these matters might come to the courts on a constitutional challenge; however, we do share the concern of the Court of Appeals as to its tremendous caseload. Having served on that court for almost six years, I am keenly aware of the tremendous burden placed on that court. So I hope you will be able to give the Court of Appeals some assistance in alleviating the heavy burden it already has.
In reviewing the strides of the judicial branch for the past several years, we must begin our focus on the Chief Justice's Commission on Professionalism. Several of my predeces sors in office including Chief Justices Hill, Marshall, Clarke, Weltner and Hunt, but espe cially Chief Justice Clarke worked to pave the road for the development of the Commission which has become a model for commissions throughout the country. The Commission strives to assist the State Bar of Georgia's efforts to maintain a professionalism that can stand against the negative trends of commercialization and loss of community. The Com mission has effectively serviced thousands of people since its inception.
In reviewing the strides of the judicial branch, we must also focus on the juvenile court system. The juvenile court system has remained committed to the notions of rehabilita tion, while maintaining means of punishment that have grown increasingly cross-jurisdictional in scope. On one hand, the juvenile court system has followed current "get tough" policies. On the other hand, the juvenile courts seek to change lives and protect children who need protection. With your continued support, the juvenile courts will attain the goal of reaching every child in need. We must remain committed to improving the quality of life for our children but we must also be committed to keep our streets safe at the same time.
In reviewing the achievements of the judicial branch over the past year, I would like to mention several initiatives the judiciary has undertaken about which we are excited and feel will have a favorable impact on the administration of justice. As judges we are most comfortable dealing with purely legal matters; however, from time to time, we find it neces sary to deal with some of the root causes of matters that adversely impact the administra tion of justice and the quality of life. In addition, many matters that were traditionally addressed by the federal government are now being addressed by the state courts because the federal courts are deferring to the state's decision making process. Some of the new initiatives are as follows:
1. Child Placement Proceedings Project: This project assesses court proceedings deal ing with abuse, neglect, deprivation and foster care cases so that improvement strategies can be developed.
2. Family Courts Commission: The State Bar has named a commission to consider family court matters including the potential jurisdiction of family courts over domestic re lations cases, child custody and support cases, juvenile cases, criminal cases and other mat ters. I note that legislation will be introduced during this session to authorize pilot court projects in this area.
3. Commission on Racial and Ethnic Bias: The commission, which completed its re port in September 1995, has now been merged with the commission on gender bias to cre ate the Commission on Equality. We thank you for appropriating the money to conduct the study and we appreciate your continued support of our efforts to make justice both color and gender blind.

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57

4. Committee on Substance Abuse and the Courts: The committee is comprised of judges, prosecutors, law enforcement officers, and treatment specialists. Funded by the Criminal Justice Coordinating Council, the work of this committee focuses on case manage ment techniques for drug-related offenses and innovations such as drug courts and alterna tive sentencing. Currently nine judicial circuits have special programs for drug offenders and twelve other circuits are in the planning stages for their own programs.
5. Georgia Courts Automation Commission: Presently, the primary focus of this com mission is the installation of Sustain software in courts throughout the state, and the coor dination of state data bases, particularly criminal justice data bases. We are making significant strides in this area thanks to the appropriations you provided.
6. Georgia Office of Dispute Resolution: Beginning in 1993, this court formulated this office to address the need for mediators and arbitrators in offering dispute resolution processes to litigants as an alternative to litigation. By settling disputes prior to or even during the litigation state, the burden on the judicial system is significantly lessened. The office has serviced over 4 million people in 67 counties in Georgia via its programs. We must realize that while the legal forum is available to all citizens it is not a cure all for all of society's problems. We must continue to encourage citizens to seek solutions to their probkms across the dinner table, across the conference table and across the backyard fence before the resort to the courtroom.
7. As you might expect there are many other projects being undertaken by the courts, including a Commission on Family Violence to develop a coordinated response and compre hensive plan to address family violence; a Commission on Evaluation of Disciplinary En forcement to evaluate the system of disciplining lawyers; the Institute of Continuing Judicial Education which plans and coordinates annual training for superior, state, juve nile, probate, magistrate and municipal court judges throughout the state. We also will be receiving a report from the Olympic Planning Committee on recommendations on how to keep our courts operating during the Olympic games this summer.
There are several other ongoing projects which I do not have time to discuss today, but I will be glad to furnish any information you desire concerning these other commissions and committees.
I would like to reiterate our appreciation for your attention to our past budgetary re quests. However, while you have been generous with us in the allocation of funds and the provision for new judges, the administration of justice will be adversely impacted by at least two developments at the national level. In the past you have provided one third of the funding for the activities of our Resource Center which provides representation in habeas corpus matters. Recently, the two thirds funding at the federal level was eliminated; there fore, we are apt to see some uncertainty and confusion in this area of the law in the not too distant future. Also, the federal Legal Services Corporation has provided funding for the representation of individuals who could not afford a lawyer. However, there has been a cutback on funding and case involvement at the national level which impacts at the local level. As a result, some citizens will go without adequate legal representation. Because justice should be available to all citizens, despite their income level, the cutback on funding for the Legal Services Corporation will eradicate justice for many. And justice denied to one citizen is justice denied to society as a whole. Any help you can provide in either or both of these areas will be deeply appreciated.
We must now prepare for the delivery of justice in the 21st century. And if Georgia is to maintain its position of leadership in the southeast and improve its leadership position throughout the country, we must cross new frontiers in the area of law and technology. Just as the business world must change to meet the new demands in the marketplace, the courts too must change to meet new demands in the legal arena. We must prepare to travel on the information highway and make court decisions available on that highway. While we must make adjustments to the ways in which we do business, we must be cautious in our approach and hold onto traditions that have held us in good stead in the past, and we must thoroughly evaluate new methods before embarking on unchartered courses.

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These are very exciting times for the courts and we are blessed to have a tremendous number of able and extremely capable judges throughout this great state. Compared to judges throughout the nation, Georgia's judges are highly educated, motivated and commit ted to justice for all citizens. They are level-headed, open-minded, even-handed, sure footed, and firmly anchored in traditional moral values. They are dedicated to their work, collegial in their dealings with their peers and cordial to those who come before the courts. At the trial court level, institutions are being put in place to assure that all citizens are treated fairly before the law. At the appellate court level, we are seeking to provide the predictability, certainty and stability that is necessary for the courts to operate in a civi lized and progressive society. We realize that the system is not perfect and that from time to time some injustices might occur, but we continue to reevaluate our system to identify its shortcomings and correct any deficiencies before they become systemic in nature. We firmly believe that the courts do not belong to the judges or the lawyers, but that the courts belong to the citizens.
With your help, we will continue to provide a high quality of justice at a reasonable price.
We thank you for this opportunity to report on the state of the judiciary and we look forward to working with you in the coming days, months and years.
Serving as doctor of the day today was Dr. J.R.B. Hutchinson of Atlanta, Georgia.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 A.M. tomorrow.

FRIDAY, JANUARY 12, 1996

59

Senate Chamber, Atlanta, Georgia Friday, January 12, 1996 Fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1201. By Representative Lord of the 121st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1204. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Calhoun County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Sec tion 40-2-21 of the Official Code of Georgia Annotated.
HB 1205. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Clay County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Sec tion 40-2-21 of the Official Code of Georgia Annotated.
HB 958. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia Annotated, relating to eligibility for disability payments under the Peace Officers' Annuity and Benefit Fund, so as to provide that disability benefits shall cease when a disabled member obtains certain employment in the field of law enforcement.
HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of independent school districts who were not members of a local retirement system.

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HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service.

HB 1161. By Representative Carter of the 166th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that private agents for vessel registration may charge a certain fee.
HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and others:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years.
HB 1160. By Representative Carter of the 166th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide that certain vessels shall be equipped with certain types of life preservers.
The following bills were introduced, read the first time and referred to committees:
SB 548. By Senator James of the 35th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to Aid to Families with Dependent Children, so as to create the "Welfare Dependent Mothers to Independent Entrepreneurs Act"; to direct the Department of Human Resources to conduct a demonstration project to al low AFDC recipients to maintain self-sufficiency and development accounts to be used for activities that will enable them to become self-sufficient.
Referred to Committee on Health and Human Services.
SB 549. By Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military Col lege; to change the provisions relating to terms of board members; to change the date for determining the applicability of the provisions relating to prior trusts.
Referred to Committee on Higher Education.

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SB 550. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services, to give the department the authori ty to delegate to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and supplies necessary for medical teaching purposes.
Referred to Committee on Appropriations.
SB 551. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to provide for juvenile court orders for the successful completion of a substance abuse program; to change the standard for termination of parental rights.
Referred to Committee on Judiciary.
SB 552. By Senators Land of the 16th, Newbill of the 56th, Edge of the 28th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to remove the State Board of Education's general supervisory and personnel authority over the Depart ment of Education and to grant such supervisory and personnel authority to the State School Superintendent; to authorize the State School Superintendent to organize and reorganize the Department of Education.
Referred to Committee on Education.
SB 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.
Referred to Committee on Consumer Affairs.
SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the Official Code Of Georgia Annotated, relating to lead poisoning prevention, so as to provide that the Department of Natural Resources may designate the environmental protection division to per form certain duties; to provide that implementation of certain lead paint abate ment certification programs shall be contingent upon the promulgation of cer tain federal regulations.
Referred to Committee on Natural Resources.
SB 555. By Senators Gochenour of the 27th and Glanton of the 34th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings account and Trust Act"; to provide for short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to pro vide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account.
Referred to Committee on Insurance and Labor.

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SB 556. By Senators Stokes of the 43rd, Oliver of the 42nd, James of the 35th and Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to change the provisions relating to the terms of members of the board of directors of the Authority; to provide an effec tive date.
Referred to Committee on State and Local Governmental Operations (General).
SB 557. By Senators Stokes of the 43rd, Guhl of the 45th, James of the 35th and Thomas of the 10th:
A bill to amend Article 4 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, related to offenses involving motor vehicle certificates of title, so as to provide that it shall be unlawful for any person to take, use, or operate any motor vehicle without the consent of the owner of such vehicle; to provide a pen alty.
Referred to Committee on Special Judiciary.
SB 558. By Senators Stokes of the 43rd, Oliver of the 42nd, James of the 35th and Thomas of the 10th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies generally, so as to authorize local public safety agencies to charge a $5.00 maximum copying fee for certain reports.
Referred to Committee on Public Safety.
SB 559. By Senator Hooks of the 14th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to persons with disabilities, so as to provide legislative findings; to provide for the establishment of the Georgia Family Trust Corporation, the Georgia Family Trust, and the Georgia Family Trust Charitable Trust; to provide for the pur pose of such entities; to provide that funds in the Family Trust or the use of the trust funds shall not impair public assistance benefits for life beneficiaries of the trust.
Referred to Committee on Health and Human Services.
SB 560. By Senators Starr of the 44th, Perdue of the 18th and Henson of the 55th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the influence of any glue, aerosol, or other toxic vapor; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on Judiciary.

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SB 561. By Senators Madden of the 47th, Ray of the 19th, Walker of the 22nd and Taylor of the 12th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to provide defini tions; to provide for access to accident and sickness insurance plans for small employers and self-employed individuals; to provide for applicability; to require certain disclosures in the offering or sale of small employer health benefit plans.
Referred to Committee on Insurance and Labor.
The following bills were read the first time and referred to committees:
HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service.
Referred to Committee on Retirement.
HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of independent school districts who were not members of a local retirement system.
Referred to Committee on Retirement.
HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and Walker of the 141st:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years.
Referred to Committee on Retirement.
HB 958. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia Annotated, relating to eligibility for disability payments under the Peace Officers' Annuity and Benefit Fund, so as to provide that disability benefits shall cease when a disabled member obtains certain employment in the field of law enforcement.
Referred to Committee on Retirement.
HB 1160. By Representative Carter of the 166th:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide that certain vessels shall be equipped with certain types of life preservers.
Referred to Committee on Natural Resources.

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SR 402. By Senators Madden of the 47th, Langford of the 29th and Broun of the 46th: A resolution commending the importance of the arts to the state of Georgia; commending the Georgia Citizens for the Arts.
SR 403. By Senator Newbill of the 56th: A resolution commending Honorable Jimmy Phillips.
SR 404. By Senator Newbill of the 56th: A resolution commending Roswell High School.
SR 405. By Senator Broun of the 46th: A resolution commending the 1995 University of Georgia Women's Track and Field Team and inviting the members, coaches, and trainer to appear before the Senate.
SR 406. By Senator Broun of the 46th: A resolution commending the 1995 University of Georgia Men's Tennis Team and inviting the team's members, coaches, and trainer to appear before the Senate.
SR 407. By Senator Broun of the 46th: A resolution honoring Robin Fech.
SR 408. By Senator Broun of the 46th: A resolution honoring Coach Dan Magill.
SR 409. By Senator Broun of the 46th: A resolution commending Dr. William Suttles.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Friday, January 12, 1996 Fifth Legislative Day
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 488 Black, 53rd DADE COUNTY To provide for the nonpartisan nomination and election of the judge of the pro bate court of Dade County.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.

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Mr. President:
The Committee on Transportation has had under consideration the following resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 189. Do pass as amended.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 493

SB 494

Senator Cheeks of the 23rd moved that Senator Pollard of the 24th be excused from the Senate due to illness. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Pollard was excused.
The President called for the morning roll call, and the following Senators answered to their names:

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

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

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

Those not answering were Senators:

Abernathy Balfour Brown of 26th

Middleton Pollard (excused) Scott

Taylor

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, Dr. Ferrell Drummond, pastor of the First Methodist Church, Carrollton, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 401. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution commending the Georgia Historical Society for its "Initiative 2000" and inviting representatives of the society to appear before the Senate.

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SR 402. By Senators Madden of the 47th, Langford of the 29th and Broun of the 46th: A resolution commending the importance of the arts to the state of Georgia; commending the Georgia Citizens for the Arts.
SR 403. By Senator Newbill of the 56th: A resolution commending Honorable Jimmy Phillips.
SR 404. By Senator Newbill of the 56th: A resolution commending Roswell High School.
SR 405. By Senator Broun of the 46th: A resolution commending the 1995 University of Georgia Women's Track and Field Team and inviting the members, coaches, and trainer to appear before the Senate.
SR 406. By Senator Broun of the 46th: A resolution commending the 1995 University of Georgia Men's Tennis Team and inviting the team's members, coaches, and trainer to appear before the Senate.
SR 407. By Senator Broun of the 46th: A resolution honoring Robin Fech.
SR 408. By Senator Broun of the 46th: A resolution honoring Coach Dan Magill.
SR 409. By Senator Broun of the 46th: A resolution commending Dr. William Suttles.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Friday, January 12, 1996 Fifth Legislative Day
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 488 Black, 53rd DADE COUNTY To provide for the nonpartisan nomination and election of the judge of the pro bate court of Dade County.
The report of the committee, which was favorable to the passage of the bill as reported, was agreed to.

FRIDAY, JANUARY 12, 1996

67

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Balfour Bowen Brown of 26th Egan

Guhl Henson Hooks Pollard (excused)

Scott Starr Tanksley Thomas

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

SENATE CALENDAR
Friday, January 12, 1996 FIFTH LEGISLATIVE DAY

SB 46 Lottery for Education Account -- appropriations for computer training (Substi tute) (EDT&C--46th)
HR 161 Rosa M. Tarbutton Memorial Library; designate (EDT&C--20th) Lord--121st The following general bills were read the third time and put upon their passage:
SB 46. By Senators Broun of the 46th, Hooks of the 14th, Ray of the 19th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to change the definition of the term "educational purposes and programs"; to authorize appropriations from the Lottery for Education Account for the pur pose of providing teachers and personnel at public postsecondary technical insti tutes under the authority of the Department of Technical and Adult Education the necessary training in the use and application of computers.
The Senate Committee on Economic Development, Tourism, and Cultural Affairs of fered the following substitute to SB 46:
A BILL To be entitled an Act to amend Code Section 50-27-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Lottery for Education Act," so as to

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change the definition of the term "educational purposes and programs"; to authorize appro priations from the Lottery for Education Account for the purpose of providing teachers at accredited public institutions who teach levels K-12, teachers and personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instruction of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; to authorize appropriations from the Lottery for Education Account for costs associated with repairing and maintaining advanced electronic instructional technol ogy; to amend Code Section 20-2-252 of the Official Code of Georgia Annotated, relating to electronic technology, so as to provide that the State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and for other purposes; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that the Board of Regents of the University System of Georgia shall prescribe criteria, policies, and standards deemed necessary for the effective imple mentation of programs within the university system financed wholly or partially from ap propriations from the Lottery for Education Account and established for the purpose of providing professors and instructors the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning net work and for other purposes; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide that the State Board of Technical and Adult Education shall prescribe crite ria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing personnel at public postsecondary technical institutes necessary training in the use and application of computers and advanced elec tronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and for other purposes; 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 50-27-3 of the Official Code of Georgia Annotated, relating to definitions ap plicable to the "Georgia Lottery for Education Act," is amended by striking paragraph (8) in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the au thority of the Department of Technical and Adult Education, and professors and instruc tors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; costs associated with repairing and maintaining advanced electronic

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instructional technology; voluntary pre-kindergarten; and an education shortfall reserve."
SECTION 2.
Code Section 20-2-252 of the Official Code of Georgia Annotated, relating to electronic tech nology, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) The State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environ ments in the classroom and to access the state-wide distance learning network. The State Board of Education shall expend funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology."
SECTION 3.
Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relat ing to the University System of Georgia, is amended by adding between Code Section 20-377 and 20-3-78 a new Code Section 20-3-77.1 to read as follows:
"20-3-77.1.
The board of regents shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of programs within the university system financed wholly or partially from appropriations from the Lottery for Education Account and es tablished for the purpose of providing professors and instructors the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state wide distance learning network. Such programs shall include the expenditure of funds to defray the costs associated with repairing and maintaining advanced electronic instruc tional technology."
SECTION 4.
Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking the word "and" from the end of paragraph (7), by striking the period at the end of paragraph (8) and in serting in lieu thereof the following: "; and", and by adding at the end thereof a new para graph (9) to read as follows:
"(9) Prescribe criteria, policies, and standards deemed necessary for the effective imple mentation of a program financed wholly or partially from appropriations from the Lot tery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic in structional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy 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 James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Newbill Oliver Perdue Ragan Ralston Ray Scott Slotin Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Balfour Brown of 26th Hooks

Middleton Pollard (excused) Starr

Taylor Walker

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

HR 161. By Representatives Lord of the 121st and Bargeron of the 120th:

A resolution designating the Rosa M. Tarbutton Memorial Library. Senate Sponsor: Senator Gillis of the 20th.

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

Those voting in the affirmative were Senators:

Abernathy Black
Blitch Boshears Bowen Broun of 46th Burton
Cagle Cheeks
Clay Crotts

Day Dean
Edge Egan Farrow Gillis Glanton
Gochenour Griffin
Guhl Harbison

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

FRIDAY, JANUARY 12, 1996

71

McGuire Middleton Newbill Oliver Perdue Ragan

Ralston Ray Scott Slotin Stokes Tanksley

Those not voting were Senators:

Balfour Brown of 26th

Hooks Pollard (excused)

Taylor Thomas Thompson Turner Tysinger Walker
Starr

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following communication was filed with the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol
Atlanta Georgia 30334 (404) 656-5030
January 12, 1996

Honorable Frank Eldridge 353 State Capitol Atlanta, Georgia 30334

Dear Frank:
Please note the following committee appointments for Senator Robert Lamutt: Eco nomic Development, Tourism & Cultural Affairs, Banking and Financial Institutions, Higher Education, and Science, Technology and Industry.
Let me know if you need further information.
Sincerely, /s/ Pierre Howard
The following communications were filed with the Secretary:
The General Assembly State Capitol Atlanta

TO: Honorable Lewis Massey Secretary of State
This is to certify that Honorable Max Goldin has been elected, pursuant to the provi sions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1996 and expiring April 15, 2001.
This 12th day of January, 1996.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

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The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 10, 1996, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin was elected as a member of the State Transporta tion Board from the Seventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.
Respectfully submitted, /s/ Randy J. Sauder
Representative, 29th District Secretary Seventh Congressional District Caucus
The General Assembly State Capitol Atlanta
TO: Honorable Lewis Massey Secretary of State
This is to certify that Honorable Brad Hubbert has been elected, pursuant to the provi sions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eleventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1996, and expiring April 15, 2001.
This 12th day of January, 1996.
/s/ Pierre Howard President of the Senate
Isi Thomas B. Murphy Speaker, House of Representatives
The General Assembly State Capitol Atlanta
January 12, 1996
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, CA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 11, 1996, at 3:00 P.M. in the Senate Chamber, State Capitol,

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73

at which caucus Honorable Brad Hubbert was elected as a member of the State Transpor tation Board from the Eleventh Congressional District to serve a term beginning April 16, 1996, and expiring April 15, 2001.
Respectfully submitted,
/s/ Steve Henson Senator, 55th District Chairperson Eleventh Congressional District Caucus
/s/ Ann R. Purcell Representative, 147th District Secretary Eleventh Congressional District Caucus
Serving as doctor of the day today was Dr. John Yarbrough of Gainesville, Georgia.
Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 p.m., and at that time, pursuant to SR 383, adjourn until 10:00 A.M. on Monday, January 22, 1996; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, January 22, 1996 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, January 12, 1996 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1225. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.
HB 1145. By Representative Murphy of the 18th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the form of the final judgment and decree in divorce cases; to provide that certain provisions shall be included only where applicable and otherwise need not be included; to provide that findings relating to child support shall not be required where child support is not in issue.
HB 845. By Representatives Jenkins of the 110th and Streat of the 167th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retire ment benefits.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 332. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution honoring Paul E. Nessmith and designating a portion of U.S. High way 25 as the "Paul E. Nessmith Parkway".
HR 728. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educational purposes.

MONDAY, JANUARY 22, 1996

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The following bills were introduced, read the first time and referred to committees:
SB 481. By Senators Griffin of the 25th, Black of the 53rd, Stokes of the 43rd and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to place restrictions on the privatization of operations of state institutions; to pro vide that institutions may be operated under contracts with other state institu tions, departments, and agencies but may not be operated under contracts with private providers or vendors.
Referred to Committee on State and Local Governmental Operations (General).
SB 562. By Senators Stokes of the 43rd, Ray of the 19th, Marable of the 52nd and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to provide for job training and retraining programs for the benefit of state employ ees displaced by privatization of operations of state institutions; to provide for a feasibility study; to provide for implementation of an employee assistance pro gram.
Referred to Committee on Appropriations.
SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and Gochenour of the 27th:
A bill to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required for motor vehicles, so as to provide for satisfactory proof of insurance for certain recently acquired vehicles.
Referred to Committee on Insurance and Labor.
SB 564. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Ray of the 19th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for deductions from money credited to the account of an inmate to repay the costs of destruction of public property by an inmate, searching for and apprehending an inmate who has escaped or attempted to escape, or quelling any riot or other disturbance in which an inmate is unlawfully involved.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 565. By Senators Madden of the 47th and Harbison of the 15th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs; to require that records be maintained regarding dangerous drugs; to require labeled original containers for controlled substances and dangerous drugs; to change certain penalties; to provide an effective date.
Referred to Committee on Special Judiciary.
SB 566. By Senator Thomas of the 10th:
A bill to amend Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures and applicable to counties and cities of specified populations, so as to provide for comprehensive review and recommendations regarding changes in zoning every five years.
Referred to Committee on State and Local Governmental Operations (General).

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SB 567. By Senators Starr of the 44th, Cheeks of the 23rd and Ray of the 19th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to revise and change certain provisions regarding multiyear lease, purchase, or lease purchase contracts; to provide for additional conditions, limi tations, restrictions, and related matters.
Referred to Committee on State and Local Governmental Operations (General).
SB 568. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change a certain definition; to change certain provisions relating to implied consent to chemical tests; to change certain provi sions regarding suspension of a driver's license for refusal of testing to deter mine the presence of alcohol or drugs.
Referred to Committee on Judiciary.
SB 569. By Senator Boshears of the 6th:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Annotat ed, relating to inactive municipalities, so as to provide that a new charter may be granted to a municipal corporation which ceased to exist because of the provi sions of such Code section; to provide an effective date.
Referred to Committee on State and Local Governmental Operations (General).
SB 570. By Senator Guhl of the 45th:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the "Ethics in Government Act," so as to prohibit any member of the General Assembly from accepting any lodging, transportation, gifts, food, tickets paid for in whole or part by a lobbyist, employee of a lobbyist, or employee of any corporation, company, partnership, or other business entity.
Referred to Committee on Ethics.
SB 571. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a first right of refusal for the Georgia Department of Transportation to acquire abandoned railroad rights of way; to provide for certain duties of the Department of Transportation; to pro vide for procedures; to provide for determination of whether a railroad right of way has been abandoned for railroad purposes.
Referred to Committee on Transportation.
SB 572. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the creation of the Georgia Transporta tion Oversight Committee; to provide for its composition and duties; to provide for legislative declarations; to provide for matters related to the foregoing; to provide an effective date.
Referred to Committee on Transportation.

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77

SB 573. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Code Section 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to change the definition of the term "project"; to provide an effective date.
Referred to Committee on Transportation.
SB 574. By Senator Thompson of the 33rd:
A bill to amend Code Section 10-1-31 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Motor Vehicle Sales Finance Act" and construction of the Act, so as to change the definition of the terms "motor vehicle" and "retail installment contract" or "contract".
Referred to Committee on Consumer Affairs.
SB 575. By Senators Clay of the 37th, Thompson of the 33rd and Lamutt of the 21st:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records of child abuse, sex ual abuse, or sexual harassment of children, so as to provide for access to such records by certain child advocacy centers.
Referred to Committee on Judiciary.
SB 576. By Senators Taylor of the 12th, Bowen of the 13th, Edge of the 28th and Hooks of the 14th:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change the provisions relating to the right of a person who is refused bail to have the charges against him or her heard by a grand jury within 90 days; to provide that in cases where the person is arrested for a crime for which the death penalty may be imposed, the superior court may, upon a motion of the district attorney and after a hearing, grant an extension.
Referred to Committee on Judiciary.
SB 577. By Senator Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits deal er's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located.
Referred to Committee on Judiciary.
SB 578. By Senators Clay of the 37th, Tanksley of the 32nd and Thompson of the 33rd:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to increase the penalty for sale or distribution of a false identification document to a minor; to provide for related matters; to provide an effective date; to provide applicability.
Referred to Committee on Judiciary.

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SB 579. By Senators Clay of the 37th, Thompson of the 33rd, Tanksley of the 32nd and Lamutt of the 21st:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling facilities and other matters, so as to provide that in considering applications for such permits, the Environmental Protection Division of the Department of Natural Resources shall consider the number of such facilities in a given area and other matters.
Referred to Committee on Natural Resources.
SB 580. By Senator Thompson of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide that either the Department of Transportation or the governing authority of any county or municipality may establish speed lim its through construction sites.
Referred to Committee on Transportation.
SB 581. By Senator Thompson of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide that public or pri vate corporations may not retain any hospital authority real or personal prop erty acquired at less than fair market value unless their corporate directors are appointed by the governing authority of the county or municipality which ap points the members to such hospital authority.
Referred to Committee on State and Local Governmental Operations (General).
SB 582. By Senators Thompson of the 33rd and Lamutt of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to change provisions re lating to the developmental highway system; to add a certain road corridor to the developmental highway system.
Referred to Committee on Transportation.
SR 410. By Senators Edge of the 28th and Perdue of the 18th:
A resolution urging the Clinton administration to support the application by the Republic of China on Taiwan for membership in the United Nations.
Referred to Committee on Rules.
SR 411. By Senators Clay of the 37th, Tanksley of the 32nd and Land of the 16th:
A resolution creating the Senate Block Grant Study Committee.
Referred to Committee on Rules.
SR 412. By Senators Thompson of the 33rd, Lamutt of the 21st, Tanksley of the 32nd and Clay of the 37th:
A resolution urging the State Board of Transportation to designate Johnson Fer ry Road in Fulton and Cobb Counties, or some appropriate part thereof, as a part of the State Highway System.
Referred to Committee on Transportation.

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SR 413. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Cartersville.
Referred to Committee on Finance and Public Utilities. The following bills were read the first time and referred to committees:

HB 845. By Representatives Jenkins of the 110th and Streat of the 167th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retire ment benefits.
Referred to Retirement Committee.

HB 1145. By Representative Murphy of the 18th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the form of the final judgment and decree in divorce cases; to provide that certain provisions shall be included only where applicable and otherwise need not be included; to provide that findings relating to child support shall not be required where child support is not in issue.
Referred to Judiciary Committee.

HB 1225. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.
Referred to State and Local Governmental Operations Committee.

HR 332. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution honoring Paul E. Nessmith and designating a portion of U.S. High way 25 as the "Paul E. Nessmith Parkway."
Referred to Transportation Committee.

HR 728. By Representatives Royal of the 164th, Buck of the 135th, Coleman of the 142nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educational purposes.
Referred to Finance and Public Utilities Committee. The following committee report was read by the Secretary:
Mr. President: The Committee on Higher Education has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:

SB 549. Do pass.

Respectfully submitted, Senator Hill of the 4th District, Chairman

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Senator Pollard of the 24th moved that Senator Cheeks of the 23rd be excused due to illness. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Cheeks of the 23rd 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
Clay Crotts
Day Dean
Edge Egan Farrow Gillis Glanton

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

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

Those not answering were Senators:

Abernathy

Cheeks (excused)

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Balfour of the 9th introduced the chaplain of the day, Dr. James Merritt, pas tor of First Baptist Church, Snellville, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted: SR 414. By Senator Griffin of the 25th:
A resolution expressing regret at the passing of William Edward Robinson IV.
SR 415. By Senator Griffin of the 25th: A resolution expressing regret at the passing of Honorable Harrell Freeman.
SR 416. By Senator Griffin of the 25th: A resolution commending Ahmad Zephir.
SR 417. By Senator Balfour of the 9th: A resolution commending the Parkview High School Panthers football team.
SR 418. By Senator Stokes of the 43rd: A resolution commending Mr. Michael German.
SR 419. By Senator Stokes of the 43rd: A resolution commending the Southwest DeKalb School Panthers for winning the Class AAAA State Football Championship.

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81

SR 420. By Senator Hooks of the 14th: A resolution commending the Georgia Peach Festival.

SR 421. By Senator Hooks of the 14th: A resolution recognizing and commending Helen Purser Faircloth.

SR 422. By Senator Thomas of the 10th: A resolution honoring Dr. Roland L. Allison.

SR 423. By Senator Ralston of the 51st: A resolution commending Mr. Roy J. Cowart.

SR 424. By Senator Starr of the 44th: A resolution expressing regret at the passing of Mr. Larry Foster.
SENATE CALENDAR Monday, January 22, 1996 SIXTH LEGISLATIVE DAY

SB 16 Public Transportation--certification, inspection stickers (Substitute) (ST&I-- 56th)

SB 493 Child Abuse Prevention Panel--attachment, staff support (Judy--42nd)

SB 494 Controlled Substance Sale, Distribution--trying upon accusation (Amendment) (Judy--42nd)

HR 189 Michael J. Padgett, Sr., Highway; designate portion of State Highway 56 (Amendment) (Trans-33rd) Howard--118th
The following general bills were read the third time and put upon their passage:

SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:

A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits.

Senator Thompson of the 33rd moved that SB 16 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 Egan Farrow Gillis Griffin Harbison Henson Hooks

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

Ray Scott Slotin Starr
Taylor Thompson Turner
Walker

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Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Clay Crotts Day

Dean Edge Glanton Gochenour Guhl Hill James Johnson of 1st

Those not voting were Senators:

Abernathy Blitch

Bowen Cheeks (excused)

Kemp Lamutt Land McGuire Newbill Ralston Tanksley Tysinger
Stokes Thomas

On the motion, the yeas were 26, nays 24; the motion prevailed, and SB 16 was placed on the Table.
Senator Newbill of the 56th moved that the Senate reconsider its action in tabling SB 16.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Cagle Clay Crotts Day

Dean Edge Glanton Gochenour Griffin Guhl Hill Johnson of 1st

Kemp Lamutt Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Broun of 46th
Brown of 26th Egan Farrow
Gillis Harbison Henson
Hooks James

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

Those not voting were Senators:

Abernathy Bowen

Cheeks (excused) Stokes

Ray
Scott Slotin Starr
Taylor Thomas Thompson
Turner Walker

On the motion, the yeas were 25, nays 27; the motion lost, and the Senate did not reconsider its action in tabling SB 16.

SB 493. By Senators Oliver of the 42nd, Starr of the 44th, Farrow of the 54th and Thompson of the 33rd:
A bill to amend Code Section 19-15-4, relating to the Statewide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative purposes; to change the agency providing staff support for the panel.

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83

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Cheeks (excused)

Johnson of 2nd

On the passage of the bill, the yeas were 53, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 494. By Senators Oliver of the 42nd, Farrow of the 54th and Starr of the 44th:
A bill to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that certain violations of Code Section 16-13-30 may be tried upon accusations in certain circumstances; to provide for related matters; to provide an effective date; to provide for applica bility.
The Senate Judiciary Committee offered the following amendment:
Amend SB 494 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"provide that violations of Code Section 16-13-30 may".
By striking in their entirety lines 16 through 19 of page 1 and inserting in lieu thereof the following:
"section shall apply to violations of Code Section 16-13-30.'"
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

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

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

Voting in the negative was Senator Black.

Those not voting were Senators:

Brown of 26th

Cheeks (excused)

Scott

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gillis of the 20th introduced the doctor of the day, Dr. James Kaufmann of Atlanta, Georgia.
The Calendar was resumed.

HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th and others:

A resolution designating a portion of State Highway 56 as the Michael J. Padgett, Sr., Highway.
Senate Sponsor: Senator Thompson of the 33rd.

The Senate Transportation Committee offered the following amendment:
Amend HR 189 by striking from lines 1 and 2 and from line 8 of page 1:
"Michael J. Padgett, Sr.,",
and inserting in lieu thereof:
"Mike Padgett". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Boshears

Bowen Broun of 46th

MONDAY, JANUARY 22, 1996

85

Brown of 26th Burton Cagle Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Blitch Cheeks (excused) Day

Johnson of 2nd Pollard

Thomas Turner

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:42 A.M., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, January 23, 1996 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 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 1259. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor.
HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Annotated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system.
HB 1015. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of George Annotated, relating to the amount of benefits under the Judges of the Probate Courts Re tirement Fund of Georgia, so as to provide that if a member elects a certain spouses' option and his or her spouse subsequently dies or is divorced, the mem ber may revoke such election.
HB 1070. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, so as to change the time in which such creditable service may be obtained.
HB 978. By Representative Smith of the 169th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development.

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87

HB 1199. By Representatives Buck of the 135th and Banner of the 159th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and no tices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.
HB 1170. By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agencies, boards, bureaus, commissions, authorities, and similar bodies.
HB 977. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, so as to reduce the number of years that a member of such retirement system must serve after a break in service to be eligible for reinstatement with out the payment of a reinstatement fee.
HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
HB 1162. By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and possession limits and size restrictions on taking certain species of fish.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 822. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th and others:
A resolution relative to adjournment.
The following bills were introduced, read the first time and referred to committees:
SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to substantially rewrite the laws of this state relating to seed; to provide for definitions; to repeal certain definitions; to change the provisions relating to labeling of seeds; to change the provisions re lating to the required contents of labels; to change the provisions relating to prohibited acts and to provide for additional prohibitions.
Referred to Committee on Agriculture.

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SB 584. By Senators Henson of the 55th, Thomas of the 10th, Boshears of the 6th 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.
Referred to Committee on Ethics.
SB 585. By Senators Broun of the 46th, Clay of the 37th and Henson of the 55th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize certain county governing authorities to provide by ordinance or resolution for the sale of alcoholic beverages for consumption on the premises on Sunday in certain counties during certain hours.
Referred to Committee on State and Local Governmental Operations (General).
SB 586. By Senators Bowen of the 13th, Oliver of the 42nd, Perdue of the 18th and others:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide that no outdoor advertising depicting obscene material shall be allowed; to restrict outdoor advertising of commercial establishments where nudity is exhibited; to provide for legislative intent; to define a certain term.
Referred to Committee on Public Safety.
SB 587. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and Guhl of the 45th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to define certain terms; to authorize certain county cor rectional facilities to obtain certain information from inmates relating to medi cal insurance; to provide for the provision and payment of medical treatment for inmates; to provide that certain state and county correctional facilities may de duct from inmate accounts.
Referred to Committee on Correction, Correctional Institutions and Property.
SB 588. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:
A bill to amend part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Music Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Mu sic Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide pros pects.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

TUESDAY, JANUARY 23, 1996

89

SB 589. By Senator Middleton of the 50th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unincorpo rated areas of the county; to determine whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declarations.
Referred to Committee on State and Local Governmental Operations.
SB 590. By Senators Middleton of the 50th, Turner of the 8th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that it shall be un lawful for any person to operate a moving vessel with a child under a certain age aboard unless the child is wearing a personal flotation device; to provide for an exception.
Referred to Committee on Natural Resources.
SB 591. By Senators Thompson of the 33rd, Starr of the 44th and Kemp of the 3rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change the weight limitation on vehicles hauling solid waste and recovered materials.
Referred to Committee on Transportation.
SB 592. By Senators Perdue of the 18th, Thomas of the 10th, Johnson of the 1st and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that health benefit policies provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclosures; to provide for legis lative intent and findings; to provide for a definition.
Referred to Committee on Insurance and Labor.
SB 593. By Senators Griffin of the 25th, Newbill of the 56th, Langford of the 29th and Stokes of the 43rd:
A bill to amend Article 4 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require certain fulltime local school system finance officers and accounting personnel to attend and complete the School Finance Officers Certification Program conducted by the Carl Vinson Institute of Government.
Referred to Committee on Education.
SB 594. By Senators Gochenour of the 27th and Langford of the 29th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the presumption of abandonment of certain unpaid wages; to provide for the disposi tion of such wages.
Referred to Committee on Special Judiciary.

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SB 595. By Senators Clay of the 37th, Edge of the 28th and Balfour of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to change the designa tion of the appropriations period applicable to budget unit object class transfers; to specify categories of budget unit object class transfers which the subcommit tees may approve.
Referred to Committee on Appropriations.
SB 596. By Senators Taylor of the 12th, Hooks of the 14th and Harbison of the 15th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for a comprehensive change in the guardi anship of beneficiaries of the United States Department of Veterans Affairs; to provide for definitions; to provide for the appointment of guardians; to provide for procedures relating to guardianship.
Referred to Committee on Defense and Veterans Affairs.
SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service; to change the provision relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.
Referred to Committee on Science, Technology and Industry.
SB 598. By Senator Clay of the 37th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that a family limited partnership, a family limited corporation, or a family limited liability company shall be a qualified owner; to provide an effective date; to provide ap plicability.
Referred to Committee on Judiciary.
SB 599. By Senator James of the 35th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to the landlord and tenant, so as to provide for a tenant's remedy of repair and deduction for minor defects; to provide that a landlord upon written notification by the local department of health or other state, county, or municipal agency that there exists a condition on the premises which constitutes a health or safety violation.
Referred to Committee on Judiciary.
SB 600. By Senator James of the 35th:
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 create the "Used Car Buy er's Protection Act"; to provide for legislative findings; to provide for definitions; to require dealers to offer a written warranty on all motor vehicles sold to con sumers; to provide for the terms of such warranty.
Referred to Committee on Consumer Affairs.

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91

SB 601. By Senators James of the 35th and Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlords and tenants, so as to prohibit a landlord from retaliating against a tenant by increasing rent or decreasing services or by bringing or threatening to bring an action for posses sion after the tenant has exercised certain rights or undertaken certain legal actions.
Referred to Committee on Judiciary.
SB 602. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to Committee on Judiciary.
SB 603. 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 Appling County so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall begin with the election held in 1996; to provide an effec tive date.
Referred to Committee on State and Local Governmental Operation.
SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to provide that certain restrictions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 605. By Senators Perdue of the 18th, Madden of the 47th, Langford of the 29th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, so as to provide an addition al aggravating circumstance which may be considered in sentencing in murder cases; to provide that such additional aggravating circumstances shall be the fact that the victim of the murder was a child under the age of 16 and the offense involved child abuse, sexual abuse, or sexual exploitation of the victim.
Referred to Committee on Judiciary.
SB 606. By Senators Oliver of the 42nd, Dean of the 31st and Henson of the 55th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for assessment of a driver's operating record for violation of the child safety restraint law; to change provisions relating to mandatory use of child passenger restraining systems.
Referred to Committee on Judiciary.

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SB 607. By Senators Marable of the 52nd, Pollard of the 24th and Thomas of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal obstruction of public administration, so as to change provisions relating to criminal interference with emergency medical technicians; to provide for applicability of such provisions to other emergency medical personnel; to define terms; to define criminal offenses and prescribe penalties.
Referred to Committee on Judiciary.
SB 608. By Senators Oliver of the 42nd, Scott of the 36th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to pro vide for additional members; to provide for staggered terms of commission mem bers.
Referred to Committee on Judiciary.
SB 609. By Senators Hill of the 4th, Kemp of the 3rd and Thomas of the 10th:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime victims, so as to provide that additional penalties imposed in criminal cases to provide such funding shall be imposed in all criminal and ordinance violation cases in all courts of the state and its political subdivisions.
Referred to Committee on Judiciary.
SB 610. By Senators Stokes of the 43rd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, so as to define the offense of family violence battery; to prescribe the punishment for first and subsequent convictions of such offense; to provide for an effective date and applicability.
Referred to Committee on Special Judiciary.
SR 425. By Senator James of the 35th:
A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for sub mission of this amendment for ratification or rejection.
Referred to Committee on Ethics.
SR 426. By Senator James of the 35th:
A resolution urging the governing authority of each political subdivision of this state which is a 1996 Olympic venue to develop and implement a comprehensive recycling plan to be in effect during the period of the Olympic games.
Referred to Committee on Natural Resources.
SR 427. By Senator James of the 35th:
A resolution creating the Senate Study Commission on Economic Development and Revitalization in South Fulton County.
Referred to Committee on Rules.

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SR 428. By Senator James of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a recycling and solid waste reduction fund from which funds shall be disbursed to develop this state's recycling infrastructure and solid waste reduction capabilities; to provide for payments into the fund and disbursements therefrom; to provide for submission of this amendment for rati fication or rejection.
Referred to Committee on Appropriations.
SR 430. By Senator James of the 35th:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day".
Referred to Committee on Rules.
SR 432. By Senators James of the 35th, Bowen of the 13th and Gillis of the 20th:
A resolution creating the Senate Recycling and Economic Development Study Committee.
Referred to Committee on Rules.
SR 433. By Senators Madden of the 47th, Gillis of the 20th, Clay of the 37th and Taylor of the 12th:
A resolution urging the United States Congress to reject the proposal to sell the facilities used to generate electric power marketed by the Southeastern Power Administration.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
Referred to Retirement Committee.
HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Annotated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system.
Referred to Retirement Committee.
HB 977. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, so as to reduce the number of years that a member of such retirement system must serve after a break in service to be eligible for reinstatement with out the payment of a reinstatement fee.
Referred to Retirement Committee.

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HB 978. By Representative Smith of the 169th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development.
Referred to Retirement Committee.
HB 1015. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of benefits under the Judges of the Probate Courts Re tirement Fund of Georgia, so as to provide that if a member elects a certain spouses' option and his or her spouse subsequently dies or is divorced, the mem ber may revoke such election.
Referred to Retirement Committee.
HB 1070. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, so as to change the time in which such creditable service may be obtained.
Referred to Retirement Committee.
HB 1162. By Representative Carter of the 166th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and possession limits and size restrictions on taking certain species of fish.
Referred to Natural Resources Committee.
HB 1170. By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agencies, boards, bureaus, commissions, authorities, and similar bodies.
Referred to State and Local Governmental Operations Committee (General).
HB 1199. By Representatives Buck of the 135th and Banner of the 159th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and no tices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.
Referred to Natural Resources Committee.

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95

HB 1259. By Representatives Epps of the 131st and Brown of the 130th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor.
Referred to State and Local Governmental Operations Committee.
The following committee reports were read by the Secretary:
Mr. President:
The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 495. Do pass.
Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President:

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

SB 545. Do pass.

HR 728. Do pass by substitute.

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

Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 482. Do pass by substitute.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 535. Do pass.

SB 537. Do pass.

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

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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 1181. Do pass.

HB 1201. Do pass.

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

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

SB 499. Do pass.

SB 547. Do pass.

SB 531. Do pass.

SB 567. Do pass.

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

The following bill was read the second time: SB 549

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 Dean
Farrow Gillis Glanton
Gochenour Griffin

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

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

Those not answering were Senators:

Abernathy

Day

Clay

Edge

Ralston Ray

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Middleton of the 50th introduced the chaplain of the day, Pastor John Hutcheson of Tabernacle Baptist Church, Clayton, Georgia, who offered scripture reading and prayer.
Senator Madden of the 47th introduced the Elbert County High Football Team, com mended by SR 397, adopted previously, and their coach, who addressed the Senate briefly.

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97

Senator Balfour of the 9th introduced the Parkview High School Panthers Football team and Head Coach Flowe, commended by SR 417, adopted previously. Coach Flowe addressed the Senate briefly.
Senator Broun of the 46th introduced Dr. William Suttles, commended by SR 409, adopted previously, who addressed the Senate briefly.
Senator Egan of the 40th introduced the doctor of the day, Dr. Bobby Kaufmann of Atlanta, Georgia.
Senator Gillis of the 20th introduced Alice Kaufmann, session nurse. The following resolutions were read and adopted:
SR 429. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and Tanksley of the 32nd:
A resolution commending and congratulating Ms. Margaret Joy Gillentine.
SR 431. By Senator Bowen of the 13th:
A resolution commending Mrs. Sulla Burnam Brown on the occasion of her 90th birthday.
SR 434. By Senator Ray of the 19th:
A resolution commending Major George L. Johnson on the event of his retire ment.
SR 435. By Senators Middleton of the 50th, Ragan of the llth, Marable of the 52nd and others:
A resolution commending the Georgia School Food Service Association and its members.
SR 436. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution commending Patrick J. Russo.
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, January 23, 1996
SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the Legislation.)
HB 1181 Middleton, 50th White County
To provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas of the county.

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HB 1201 Gillis, 20th Griffin, 25th Washington County

To provide that all vehicles shall be registered and licensed to operate for calen dar year 1997 and thereafter in Washington County during the four-month nonstaggered registration period from January 1 through April 30 as provided.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Marable McGuire

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

Those not voting were Senators:

Balfour Black Brown of 26th

Johnson of 1st Madden Thompson

Turner Walker

On the passage of the local bills, the yeas were 48, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional 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 bill of the House:

HB 1159. By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd and others:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.

Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:15 A.M., the President announced the Senate adjourned.

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99

Senate Chamber, Atlanta, Georgia Wednesday, January 24, 1996 Eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete certain obsolete provisions; to change the provisions relating to qualifications for licenses.
HB 1195. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 1196. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Annotat ed, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.
HB 1234. By Representatives Buck of the 135th and Chambless of the 163rd:
A bill to amend Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance and to administer oaths under the laws of the state where the will or codicil is executed.

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HB 841. By Representative Williams of the 114th:
A bill to amend Article 1 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding rehabilitation, reorganiza tion, conservation, and liquidation of insurers, so as to provide official immunity from civil action to receivers responsible for the conduct of a delinquency pro ceeding under said chapter and their employees.
HB 1172. By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, so as to provide that an officer charged with the duty of enforcing a judg ment by execution has the right to enter peaceably the property or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty.
HB 1188. By Representatives Smith of the 109th and Chambless of the 163rd:
A bill to amend Code Section 40-13-23 of the Official Code of Georgia Annotated, relating to the trial of misdemeanor traffic offenses in municipal courts and pro bate courts, the waiver of a jury trial, and the withdrawal of a waiver, so as to change the provisions relating to the posting of cash bonds or drivers' licenses in lieu of bail.
HB 244. By Representative Birdsong of the 123rd:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for additional optional retirement al lowances in cases where a dependent child is the person designated to receive all amount and benefits upon the death of the retired member and such depen dent child predeceases the retired member.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 351. By Senators Ray of the 19th and Gillis of the 20th:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Com mission, so as to provide for appropriate examinations for applicants.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and others:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued partici pation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.

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101

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agricul tural products by agricultural processing industries and used for the promotion of such agricultural processing industries without the need for paying such mon eys into the general fund of the state treasury.
HR 839. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending Honorable Paul A. Keenan.
The following bills were introduced, read the first time and referred to committees:
SB 486. By Senators McGuire of the 30th and Black of the 53rd:
A bill to amend Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service, so as to provide for a short title; to provide for a statement of intent; to provide for definitions; to provide that retail wheeling or self-service wheeling of electricity shall be mandatory; to prohibit imposition of penalties on a consumer by an electric supplier; to prohibit imposition of undue costs or burdens on nonwheeling rate payers; to provide for authority.
Referred to Committee on Finance and Public Utilities.
SB 611. By Senators Oliver of the 42nd, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to pro vision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain cus tody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable.
Referred to Committee on Judiciary.
SB 612. By Senators Boshears of the 6th and Johnson of the 1st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for procedures for the exercise of zoning pow er by coastal counties involving certain property located on salt-water islands; to provide for legislative findings and intent; to provide for definitions.
Referred to Committee on State and Local Governmental Operations (General).
SB 613. By Senators Marable of the 52nd, Middleton of the 50th, Dean of the 31st and Newbill of the 56th:
A bill to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of school superintendents, so as to provide for appoint ments of school superintendents prior to the expiration of their contracts or terms and provide for vacancies; to provide when certain notices and announce ments regarding the employment of such superintendents are not required.
Referred to Committee on Education.

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SB 614. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and altera tions of buildings and other structures generally, so as to require that certain public and private facilities be equipped with restroom facilities at a ratio of three for women to every one for men; to provide for definitions; to provide for standards; to provide for rules and regulations.
Referred to Committee on Special Judiciary.
SB 615. By Senator Thomas of the 10th:
A bill to amend Part 1 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for bicycles and play vehicles, so as to require the use of helmets, elbow pads, and knee pads by minors under the age of 16 when operating in-line roller skates.
Referred to Committee on Health and Human Services.
SB 616. By Senators Farrow of the 54th, Ralston of the 51st and James of the 35th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical custody; to provide for exceptions; to provide an effective date; to provide for applicability.
Referred to Committee on Special Judiciary.
SB 617. By Senators Scott of the 36th, James of the 35th, Boshears of the 6th and others:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide that municipali ties having certain populations shall expend a certain portion of their revenue from certain sources for litter control and abatement purposes; to provide that the affected revenue sources shall be business or occupation license fees and taxes paid by fast food restaurants and convenience stores; to provide that these provisions shall control over other provisions of law.
Referred to Committee on Finance and Public Utilities.
SB 618. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to special license plates for members of active reserve components of the United States, and an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehi cles, including said Code section, so as to allow retired reservists to retain their special license plates.
Referred to Committee on Public Safety.
SB 619. By Senators Clay of the 37th and Ralston of the 51st:
A bill to amend Code Section 15-11-90 of the Official Code of Georgia Annotated, relating to placement of a child after termination of parental rights, so as to provide that placement with a member of the child's extended family or with a person related to the child shall be made only if such a placement is in the best interest of the child.
Referred to Committee on Judiciary.

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103

SB 620. By Senator Henson of the 55th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of per sons who are mentally ill or alcoholic or drug dependent.
Referred to Committee on Health and Human Services.
SB 621. By Senators Abernathy of the 38th, Egan of the 40th, Scott of the 36th and Newbill of the 56th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, and creating a new charter for said city, as amended, partic ularly by an ordinance adopted pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, which ordinance is set forth in Ga. L. 1974, p. 4023 and which incorporated into the charter of the City of Atlanta the Act reorganizing the Board of Education of the City of Atlanta, as amended, which Act, by Section 4.109 thereof, is deemed to be a part of the Act creating a new charter for the City of Atlanta, so as to require all public schools in the Atlanta public school system to implement a uniform dress code for all students; to pro vide for legislative intent; to provide for a uniform.
Referred to Committee on State and Local Governmental Operations.
SB 622. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, as amended, so as to change the provi sions relating to the compensation of the members and chairperson of said board; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 623. By Senators Ray of the 19th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide 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.
Referred to Committee on Public Safety.
SR 437. By Senators Walker of the 22nd and Thomas of the 10th:
A resolution expressing the sense of the Senate that equitable mental health care benefits must be included in any health care reform legislation passed by the General Assembly.
Referred to Committee on Health and Human Services.
SR 438. By Senators Griffin of the 25th and Cheeks of the 23rd:
A resolution creating the Senate Study Committee on Early Retirement for State Employees.
Referred to Committee on Rules.

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SR 439. By Senators McGuire of the 30th, Gochenour of the 27th, Edge of the 28th and others:
A resolution creating the Joint Deregulation of Electricity Study Committee.
Referred to Committee on Rules.
SR 444. By Senators Griffin of the 25th, Broun of the 46th, Gillis of the 20th and others:
A resolution paying tribute to Honorable Culver Kidd and providing for the placement of a portrait of him.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 244. By Representative Birdsong of the 123rd:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for additional optional retirement al lowances in cases where a dependent child is the person designated to receive all amount and benefits upon the death of the retired member and such depen dent child predeceases the retired member.
Referred to Retirement Committee.
HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Annotat ed, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.
Referred to Judiciary Committee.
HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete certain obsolete provisions; to change the provisions relating to qualifications for licenses.
Referred to Science, Technology and Industry Committee.
HB 841. By Representative Williams of the 114th:
A bill to amend Article 1 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding rehabilitation, reorganiza tion, conservation, and liquidation of insurers, so as to provide official immunity from civil action to receivers responsible for the conduct of a delinquency pro ceeding under said chapter and their employees.
Referred to Insurance and Labor Committee.
HB 1159. By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd and others:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.
Referred to Natural Resources Committee.

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105

HB 1172. By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning executions and judicial sales, so as to provide that an officer charged with the duty of enforcing a judg ment by execution has the right to enter peaceably the property or premises of the execution debtor and to take with him or her such person as he or she deems necessary to assist such officer in performing his or her duty.
Referred to Judiciary Committee.
HB 1188. By Representatives Smith of the 109th and Chambless of the 163rd:
A bill to amend Code Section 40-13-23 of the Official Code of Georgia Annotated, relating to the trial of misdemeanor traffic offenses in municipal courts and pro bate courts, the waiver of a jury trial, and the withdrawal of a waiver, so as to change the provisions relating to the posting of cash bonds or drivers' licenses in lieu of bail.
Referred to Special Judiciary Committee.
HB 1195. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Referred to Special Judiciary Committee.
HB 1196. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to Special Judiciary Committee.
HB 1234. By Representatives Buck of the 135th and Chambless of the 163rd:
A bill to amend Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance and to administer oaths under the laws of the state where the will or codicil is executed.
Referred to Judiciary Committee.
HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agricul tural products by agricultural processing industries and used for the promotion of such agricultural processing industries without the need for paying such mon eys into the general fund of the state treasury.
Referred to Agriculture Committee.

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The following committee reports were read by the Secretary:
Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 564. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 483. Do pass.

SB 521. Do pass as amended.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Judiciary has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 560. Do pass as amended.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 519. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 508. Do pass by substitute.
Respectfully submitted, Senator Egan of the 40th District, Chairman

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107

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 1225. Do pass.

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

Mr. President:

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

SB 217. Do pass by substitute.

SB 572. Do pass as amended.

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

The following bills were read the second time:

SB 482 SB 535 SB 567

SB 495 SB 537 HR 728

SB 499 SB 545

SB 531 SB 547

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

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

Those not answering were Senators:

Abernathy

Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Cagle of the 49th introduced the chaplain of the day, Pastor Jentezen Franklin of Free Chapel Worship Center, Gainesville, Georgia, who offered scripture reading and prayer.

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Senator Brown of the 26th introduced the doctor of the day, Dr. Cyler Garner, Gordon, Georgia.
Senator Broun of the 46th introduced the University of Georgia 1995 Women's Track and Field Team, commended by SR 405 adopted previously, and their coach, John Mitchell, who addressed the Senate briefly.
Senator Stokes of the 43rd introduced the Southwest DeKalb High School Football Team, commended by SR 419, adopted previously, and their coach, Buck Godfrey, who ad dressed the Senate briefly.
The following resolutions were read and adopted:
SR 440. By Senators Walker of the 22nd and Thomas of the 10th:
A resolution recognizing the Morehouse School of Medicine on the occasion of its 20th anniversary celebration.
SR 441. By Senators Griffin of the 25th, Cheeks of the 23rd, Pollard of the 24th and Walker of the 22nd:
A resolution commending James Taylor.
SR 442. By Senator Griffin of the 25th:
A resolution commending and congratulating Ida Eubanks.
HR 839. By Representatives Chambless of the 163rd, White of the 161st, and Roberts of the 162nd:
A resolution commending Honorable Paul A. Keenan; and for other purposes.
SR 443. By Senator Taylor of the 12th:
A resolution commending the 1995 Terrell Academy football team.
Senator Taylor of the 12th introduced the Terrell Academy Football Team and their coach, who addressed the Senate briefly.
The following resolution was read and put upon its adoption:
HR 822. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Connell of the 115th, Stephenson of the 25th and others:
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 26, 1996, and shall reconvene on Monday, January 29, 1996. BE IT FURTHER RESOLVED that for the duration of the remainder of the 1996 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolu tion of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the house.
On the adoption of the resolution, the yeas were 32, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, JANUARY 24, 1996

109

Senator Henson of the 55th moved that the following bill be withdrawn from the State and Local Governmental Operations Committee and committed to the Consumer Affairs Committee:

SB 585. By Senators Broun of the 46th, Clay of the 37th and Henson of the 55th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize certain county governing authorities to provide by ordinance or resolution for the sale of alcoholic beverages for consumption on the premises on Sunday in certain counties during certain hours.
On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 585 was com mitted to the Consumer Affairs Committee.
The following local uncontested bill of the House, favorably reported by the committee, as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR
Wednesday, January 24, 1996 EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1225 Kemp, 3rd City of Richmond Hill

To create the city of Richmond Hill Recreational Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Harbison Ralston

Scott Starr

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JOURNAL OF THE SENATE

On the passage of the local bill, the yeas were 52, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional majority was passed.
SENATE CALENDAR Wednesday, January 24, 1996 EIGHTH LEGISLATIVE DAY

SB 549 Georgia Military College Board of Trustees--composition (H Ed--25th) The following general bill was read the third time and put upon its passage:

SB 549. By Senators Griffin of the 25th, Tysinger of the 41st, Pollard of the 24th and Hill of the 4th:

A bill to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military Col lege; to change the provisions relating to terms of board members; to change the date for determining the applicability of the provisions relating to prior trusts.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th
Cheeks Egan

Farrow
Henson Stokes

Taylor

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:17 A.M., the President announced the Senate adjourned.

THURSDAY, JANUARY 25, 1996

111

Senate Chamber, Atlanta, Georgia Thursday, January 25, 1996 Ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the house through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1333. By Representative Carter of the 166th:
A bill to amend an Act creating a board of commissioners of Berrien County, so as to change the compensation of the members of the board of commissioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county.
HB 173. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions under the regents retirement plan, so as to change the employer's contribution.
HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Annotated, relating to definitions of certain terms concerning illegal use of financial trans action cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial transaction card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.
HB 1263. By Representative Carter of the 166th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.
HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Em ployees' Retirement System of Georgia, so as to change the method of reestab lishing service credit.

112

JOURNAL OF THE SENATE

HB 1099. By Representative Buck of the 135th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insurance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.
HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to pro vide that veterans returning to public employment from certain military service shall be entitled to establish service creditable toward retirement for such mili tary service.
HB 1174. By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, so as to provide an ex emption with respect to foreclosure sales.
HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discovery procedures under the Civil Practice Act.
HB 1197. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, so as to increase minimum penalties for ag gravated assault and aggravated battery against employees of the Department of Children and Youth Services.
HB 1065. By Representatives Chambless of the 163rd, Bostick of the 165th, and Barnes of the 33rd:
A bill to amend Code Section 15-6-29 of the Official Code of Georgia Annotated, relating to compensation of superior court judges, so as to provide that when a new judgeship is created, the new judge shall receive the same local salary sup plement paid to the incumbent judge or judges of the circuit; to provide that no publication of a notice of intention to introduce local legislation shall be required for any bill creating one or more new judgeships.
HB 1279. By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th and others:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Annotated, relating to bonds of dealers in agricultural products, the breach of conditions, complaints to the Commissioner of Agriculture, hearings and settlement, ac tions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giving of notice, and the commencement of actions.

THURSDAY, JANUARY 25, 1996

113

HB 514. By Representatives Martin of the 47th and Randall of the 127th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, known as "The Law School Public Prosecutor Act of 1970," so as to change the definition of the term "district attorney"; to authorize the use of certain law school students and instructors as legal assistants in certain proceedings in mu nicipal courts.
HB 1239. By Representatives Martin of the 47th, Walker of the 141st, Chambless of the 163rd and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council.
HB 1310. By Representative Streat of the 167th:
A bill to amend Code Section 4-6-1 of the Official Code of Georgia Annotated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".
HB 1311. By Representative Streat of the 167th:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.
HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to provide that special education funding weight shall apply to special education students placed in general edu cation programs.
The following bills were introduced, read the first time and referred to committees:
SB 624. By Senators Bowen of the 13th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to provide certain additional exemptions from the provisions of Code Section 1611-126 through 16-11-128; to provide an effective date.
Referred to Committee on Public Safety.
SB 625. By Senators Johnson of the 1st, Turner of the 8th and Edge of the 28th:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotat ed, relating to applicability of statutory exemptions to bankruptcy and intestate insolvent estates, so as to limit unspecified property which may be exempted; to provide for related matters; to provide for an effective date; to provide for appli cability.
Referred to Committee on Special Judiciary.
SB 626. By Senators Crotts of the 17th, Guhl of the 45th, Balfour of the 9th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for Firefighter Apprecia tion Day.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.

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JOURNAL OF THE SENATE

SB 627. By Senators Henson of the 55th, Thomas of the 10th, Hooks of the 14th and others:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions relating to definitions; to provide for additional authority of advanced practice registered nurses; to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotat ed, relating to controlled substances, so as to change the provisions relating to definitions and provide for new definitions.
Referred to Committee on Health and Human Services.
SB 628. By Senators Oliver of the 42nd, Farrow of the 54th, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards.
Referred to Committee on Judiciary,
SB 629. By Senators Gochenour of the 27th, Langford of the 29th, McGuire of the 30th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that in any case where a person under the age of 17 commits a violation of a law or local ordi nance governing the operation of a moving motor vehicle upon the streets or highways of this state or a violation of a law or local ordinance governing the operation of watercraft upon the waterways within or adjoining this state.
Referred to Committee on Judiciary.
SB 630. By Senators Day of the 48th, Balfour of the 9th, Dean of the 31st and Gillis of the 20th:
A bill to amend Code Section 16-12-104 of the Official Code of Georgia Annotat ed, relating to the library exception to the criminal penalties for exhibiting to children materials harmful to minors, so as to remove such exception for any library which is frequented by minors.
Referred to Committee on Special Judiciary.
SB 631. By Senator Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a statement disclosing certain information applicable to such facility; to define a certain term.
Referred to Committee on Health and Human Services.

THURSDAY, JANUARY 25, 1996

115

SB 632. By Senators Clay of the 37th, Slotin of the 39th and Broun of the 46th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted; to provide that the au thority shall have the power to adopt reasonable ordinances.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SR 445. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SR 446. By Senators Land of the 16th, Ralston of the 51st, Farrow of the 54th and others:
A resolution creating the Senate Study Committee on Civil Justice Reform.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 173. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
A bill to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions under the regents retirement plan, so as to change the employer's contribution.
Referred to Retirement Committee.
HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to provide that special education funding weight shall apply to special education students placed in general edu cation programs.
Referred to Education Committee.
HB 514. By Representatives Martin of the 47th and Randall of the 127th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Annotated, known as "The Law School Public Prosecutor Act of 1970," so as to change the definition of the term "district attorney"; to authorize the use of certain law school students and instructors as legal assistants in certain proceedings in mu nicipal courts.
Referred to Judiciary Committee.

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JOURNAL OF THE SENATE

HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discovery procedures under the Civil Practice Act.
Referred to Special Judiciary Committee.
HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to pro vide that veterans returning to public employment from certain military service shall be entitled to establish service creditable toward retirement for such mili tary service.
Referred to Retirement Committee.
HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Annotated, relating to definitions of certain terms concerning illegal use of financial trans action cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial transaction card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.
Referred to Banking and Financial Institutions Committee.
HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Em ployees' Retirement System of Georgia, so as to change the method of reestab lishing service credit.
Referred to Retirement Committee.
HB 1065. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Code Section 15-6-29 of the Official Code of Georgia Annotated, relating to compensation of superior court judges, so as to provide that when a new judgeship is created, the new judge shall receive the same local salary sup plement paid to the incumbent judge or judges of the circuit; to provide that no publication of a notice of intention to introduce local legislation shall be required for any bill creating one or more new judgeships.
Referred to Judiciary Committee.

THURSDAY, JANUARY 25, 1996

117

HB 1099. By Representatives Buck of the 135th, Cummings of the 27th and Culbreth of the 132nd:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insurance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.
Referred to Education Committee.
HB 1174. By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, so as to provide an ex emption with respect to foreclosure sales.
Referred to Finance and Public Utilities Committee.
HB 1197. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, so as to increase minimum penalties for ag gravated assault and aggravated battery against employees of the Department of Children and Youth Services.
Referred to Judiciary Committee.
HB 1239. By Representatives Martin of the 47th, Walker of the 141st, Chambless of the 163rd and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council.
Referred to Judiciary Committee.
HB 1263. By Representative Carter of the 166th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.
Referred to Agriculture Committee.
HB 1279. By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th and others:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Annotated, relating to bonds of dealers in agricultural products, the breach of conditions, complaints to the Commissioner of Agriculture, hearings and settlement, ac tions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giving of notice, and the commencement of actions.
Referred to Agriculture Committee.

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JOURNAL OF THE SENATE

HB 1310. By Representative Streat of the 167th:
A bill to amend Code Section 4-6-1 of the Official Code of Georgia Annotated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".
Referred to Agriculture Committee.

HB 1311. By Representative Streat of the 167th:
A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.
Referred to Agriculture Committee.

HB 1333. By Representative Carter of the 166th:

A bill to amend an Act creating a board of commissioners of Berrien County, so
as to change the compensation of the members of the board of commissioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

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

SB 563. Do pass.

SB 561. Do pass by substitute.

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

Mr. President:

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

SB 529. Do pass.

SR 426. Do pass.

SB 590. Do pass by substitute.

HB 1159. Do pass.

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

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1259. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

THURSDAY, JANUARY 25, 1996

119

The following bills were read the second time:

SB 217 SB 521

SB 483 SB 560

SB 508 SB 564

SB 519 SB 572

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

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

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not answering were Senators:

Abernathy Bliteh Day
Edge

Hooks Perdue Ray (presiding)

Scott Slotin Turner

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Griffin of the 25th introduced the chaplain of the day, Reverend Jimmy Horton of Decatur, Georgia, who offered scripture reading and prayer.
The following communication was received by the Secretary:
I was in Lt. Gov. Office at time of roll call. Jan. 25, 1996.

Is/ Loyce Turner, 8th

The following resolutions were read and adopted:

SR 447. By Senator Turner of the 8th: A resolution commending Honorable Perry Leland Clanton, Jr.

SR 448. By Senators Turner of the 8th, Ragan of the llth, Bliteh of the 7th and others: A resolution commending Honorable Henry Deering "Country" Johnston.

SR 449. By Senators Turner of the 8th, Bliteh of the 7th, Bowen of the 13th and others: A resolution commending the 1995 Valdosta State University baseball team.

SR 450. By Senators Harbison of the 15th and Land of the 16th: A resolution commending Matthew Peed.

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JOURNAL OF THE SENATE

SR 451. By Senators Harbison of the 15th and Land of the 16th: A resolution commending Franklin Leonard.

SR 452. By Senator Perdue of the 18th:
A resolution commending the Houston County High School women's softball team.

Senator Griffin of the 25th introduced the family of the late Harrell Freeman, com mended by SR 415, adopted previously.
Lieutenant Governor Howard introduced the family of the late William Edward Robinson IV, commended by SR 414, adopted previously.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Thursday, January 25, 1996 NINTH LEGISLATIVE DAY

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1259 Langford, 29th CITY OF LAGRANGE
To amend an Act creating a new charter, so as to authorize the creation or aboli tion by ordinance of a grievance and appeals board to hear and determine cer tain personnel issues.

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 Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Bowen

Egan Perdue

Ray (presiding) Stokes

THURSDAY, JANUARY 25, 1996

121

On the passage of the local bill, the yeas were 50, nays 0. The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Thompson of the 33rd moved that the following bill of the Senate be taken from the Table:
SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 16 was taken from the Table and placed at the foot of the Senate Calendar for today.
The following resolution was read and adopted:
SR 453. By Senators McGuire of the 30th and Glanton of the 34th:
A resolution commending the Douglas County Lady Tigers Girls Fast Pitch Softball Team.
Senator McGuire of the 30th introduced the Douglas County High School Women's Softball Team, and their coach, who addressed the Senate briefly.
Senator Clay of the 37th introduced the doctor of the day, Dr. Ed Malcom of Roswell, Georgia.
Senator Newbill of the 56th moved that Senator Day of the 48th be excused due to urgent family business. On the motion, the yeas were 48, nays 0; the motion prevailed, and Senator Day was excused.
SENATE CALENDAR Thursday, January 25, 1996 NINTH LEGISLATIVE DAY
SB 482 Health Insurance--minimum inpatient care for childbirth (Substitute)(H&HS--10th)
SB 495 Pharmacists--licensing, adulterated drugs, etc. (C Aff--47th)
SB 499 Elections--board member appointment to assume county election superinten dent duties (SLGO-G--47th)
SB 531 Historical Townships--designation provisions (SLGO-G--6th)
SB 535 Personal Passenger Automobile Insurance--requirement regarding rate filings (I&L--12th)
SB 537 Unemployment Compensation Fund--repeal provisions on State-wide Reserve Ratio (I&L--56th)
SB 545 Land Bank Authority -- dissolution, board (F&PU--39th)
SB 547 Dawson County -- change term of court (SLGO-G--50th)
SB 567 Local Government--provisions on multiyear lease, purchase (SLGO-G--44th)

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JOURNAL OF THE SENATE

HR 728 CA: 1% sales tax for educational purposes (Substitute) (F&PU--44th) Royal-- 164th
The President assumed the chair.
The following general bills were read the third time and put upon their passage:
SB 482. By Senators Thomas of the 10th, Madden of the 47th, Balfour of the 9th, Walker of the 22nd, Oliver of the 42nd and Harbison of the 15th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to require health insurers to provide coverage for a minimum of 48 hours of in-patient care following vaginal delivery or a mini mum of 96 hours of in-patient care following delivery by cesarean section to a mother and her newly born child; to provide definitions; to provide for post-de livery care for a mother and her newly born child in the home.
The Senate Health and Human Services Committee offered the following substitute to SB 482:
A BILL
To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery or a minimum of 96 hours of inpatient care following delivery by cesarean section to a newly born child and its mother; to provide for coverage by insurers of postdelivery care for a newly born child and its mother in the home; to provide for regulations to be issued by the Commissioner of Insurance; to provide for notice to policyholders; to provide for applicabil ity; to provide for adjustment of current contracts; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof three new Code sections to read as follows:
"33-24-58.
This Act shall be known and may be cited as the "Newborn Baby and Mother Protection Act.'
33-24-59.
The General Assembly finds and declares that:
(1) Whereas, until recently health care insurers covered costs of hospital stays of a mother and a newborn until they were discharged by a physician after a consultation with the mother. Now many insurers are refusing payment for a hospital stay that extends beyond 24 hours after an uncomplicated vaginal delivery and 48 hours after a cesarean delivery.
(2) There is sufficient scientific data to question the safety and appropriateness of such early releases from the hospital following delivery, particularly as it relates to the de tection of many problems which if undiagnosed may pose life-threatening and costly complications and may require a longer period of observation by skilled personnel;
(3) Guidelines developed by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists recommend as a minimum that mothers and infants meet certain medical criteria and conditions prior to discharge, and it is

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unlikely that these criteria and conditions can be met in less than 48 hours following a normal vaginal delivery and 96 hours following a cesarean delivery;
(4) The length of postdelivery inpatient stay should be a clinical decision made by a physician based on medical necessity and on the unique characteristics of each mother and her infant, taking into consideration the health of the mother, the health and sta bility of the baby, and access to appropriate follow-up care; and
(5) Requiring insurers to cover minimum postdelivery inpatient stays will allow identi fication of early problems with the newborn, prevent disability through appropriate use of metabolic screening, and help ensure that the family is able and prepared to care for the baby at home.
33-24-60.
(a) As used in this Code section, the term:
(1) 'Health benefit policy" means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or similar entity.
(2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health main tenance organization, or any similar entity authorized to issue contracts under this title.
(b) Every health benefit policy that provides maternity benefits that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after the effective date of this Act shall provide coverage for a mini mum of 48 hours of inpatient care following a normal vaginal delivery and a minimum of 96 hours of inpatient care following a cesarean section for a mother and her newly born child in a licensed health care facility.
(c) Any decision to shorten the length of stay to less than that provided under subsection (b) of this Code section shall be made by the obstetrician, pediatrician, or certified nurse midwife after conferring with the mother. Notwithstanding the provisions of subsection (b) of this Code section, a health benefit policy that provides coverage for postdelivery home care shall not be required to provide for a minimum of 48 hours and 96 hours, respectively, of inpatient care unless such inpatient care is determined to be medically appropriate by the attending physician.
(d) In the event a decision is made to shorten the length of stay pursuant to subsection (c) of this Code section, the health benefit policy shall provide coverage for a minimum of one home visit by a registered professional nurse with training and education in mater nal and child health nursing, a pediatric nurse practitioner, or a certified nurse midwife. Where the person making the initial home visit pursuant to this subsection deems an additional home visit medically appropriate or necessary, the health benefit policy shall provide coverage for this additional home visit. Services provided in the home visit shall include, but not be limited to, physical assessment of the newborn, parent education, assistance and training in breast or bottle feeding, and the performance of any medically necessary and appropriate clinical tests. The initial home visit, if any, shall be conducted no earlier than 48 hours and no later than 72 hours following the birth of the child.
(e) The Commissioner shall adopt rules and regulations necessary to implement the pro visions of this Code section.
(f) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section and any rules and regulations promulgated by the Commissioner relat ing to this Code section. The notice shall be in writing and prominently positioned in any of the following literature:

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(1) The next mailing to the policyholder;
(2) The yearly informational packets sent to the policyholder; or
(3) Other literature mailed before January 1, 1997.
(g) No health benefit policy covered under this Code section shall terminate the services, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall be defined to include the attending physician, certified nurse midwife, and hospital."

SECTION 2.

All contracts relating to the provision of health care services in effect on July 1, 1996, shall be appropriately adjusted to reflect any change in services provided as required by this Act.

SECTION 3.

The provisions of this Act shall not be construed to apply to or in any way affect the provi sions of the federal Employee's Retirement Income Security Act.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senators Thomas of the 10th and Oliver of the 42nd offered the following amendment:
Amend the committee substitute to SB 482 by striking lines 17 and 18 on page 2 and in serting in lieu thereof the following:
"a clinical decision made by a physician based on the unique characteristics of each".
By adding immediately before the word "similar" on line 39 of page 2 the following:
"other insurer or".
By adding immediately before the period on line 2 of page 3 the following:
"and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Seantors Glanton and Gochenour.

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125

Those not voting were Senators:

Day (excused)

Hooks

Thompson

On the adoption of the amendment, the yeas were 51, nays 2, and the Thomas, Oliver amendment to the committee substitute was adopted.
Senators Thomas of the 10th and Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 482 by striking all matter on lines 16 through 22 of page 3 and inserting in lieu thereof the following:
"mother.".
On the adoption of the amendment, the yeas were 44, nays 4, and the Thomas, Walker amendment to the committee substitute was adopted.
Senator Oliver of the 42nd offered the following amendment:
Amend the committee substitute to SB 482 by striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"currtit contracts; to provide for related matters; to provide for an effective date; to repeal".
By striking in their entirety lines 20 and 21 of page 4 and inserting in lieu thereof the following:
"(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) All contracts relating to the provision of health care services in effect on the effective date of this Act shall be appropriately."
On the adoption of the amendment, the yeas were 46, nays 0, and the Oliver amend ment to the committee substitute was adopted.
Senator Oliver of the 42nd offered the following amendment:
Amend the committee substitute to SB 482 by inserting on line 14, page 3, between the word "by" and "the" the following:
"the attending physician"
On the adoption of the amendment, the yeas were 46, nays 0, and the Oliver amend ment to the committee substitute was adopted.
Senator Dean of the 31st moved that the previous question be ordered.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the previous ques tion was ordered.
On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd

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Johnson of 1st Kemp Lamutt Land
Langford Madden Marable
McGuire Middleton

Newbill Oliver Perdue Pollard
Ragan Ralston Ray
Scott Slotin

Starr Stokes Tanksley Taylor
Thomas Thompson Turner
Tysinger Walker

Voting in the negative was Senator Guhl.

Not voting was Senator Day (excused).

On the passage of the bill, the yeas were 54, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Thomas of the 10th moved that SB 482 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 0, and SB 482 was immediately transmitted.

SB 495. By Senator Madden of the 47th:

A bill to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to prohibit the holding of adulterated or misbranded drugs, devices, or cosmetics; to change the provisions relating to defini tions regarding pharmacists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing by reciprocity; to change the provisions relating to sanctions of li censed pharmacists and pharmacies.

Senator Madden of the 47th offered the following amendment:
Amend SB 495 by deleting "a" on line 35 page 8 and changing "pharmacy" to "pharmacies"
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour
Griffin Guhl
Harbison Henson Hill Hooks
James Johnson of 2nd Johnson of 1st Kemp
Lamutt Land

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

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127

Taylor Thomas

Thompson Turner

Those not voting were Senators:

Day (excused)

Middleton

Tysinger Walker

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

SB 499. By Senator Madden of the 47th:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures regarding appointment of members of a board to assume the duties of the county election superintendent in certain cir cumstances; to provide for notice to state party executive committees regarding the need to appoint members; to provide time periods for making such appoint ments; to provide for appointment by the chief judge of the superior court in certain circumstances.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Day (excused)

Middleton

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 531. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Code Section 36-30-7.1 of the Official Code of Georgia Annotat ed, relating to inactive municipalities, so as to change the provisions relating to the designation of "historical townships" and the establishment of unincorpo rated town councils.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Day (excused)

Middleton

Walker

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

SB 535. By Senators Taylor of the 12th, Kemp of the 3rd, Johnson of the 2nd and others:

A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the maintenance and filing of rates, rating plans, rating systems, and underwriting rules by insurers, so as to require the Commissioner of Insurance to submit certain information regarding rate filings for personal passenger mo tor vehicle insurance to the chairperson of the House Committee on Insurance and the chairperson of the Senate Committee on Insurance and Labor.

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

Those voting in the affirmative were Senators:

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

Edge Farrow
Gillis Glanton Gochenour Griffin
Guhl Harbison Henson
Hill Hooks
James Johnson of 2nd

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

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129

Ralston Ray Scott Slotin

Starr Stokes Tanksley Taylor

Thomas Thompson Turner Tysinger

Those not voting were Senators:

Cheeks Day (excused)

Egan Middleton

Walker

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

SB 537. By Senators Newbill of the 56th, Gochenour of the 27th, Clay of the 37th and others:

A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employer contributions and payments in lieu of contribu tions to the Unemployment Compensation Fund, so as to repeal provisions relat ing to the State-wide Reserve Ratio; to provide an effective date.

Senator Newbill of the 56th offered the following amendment:
Amend SB 537 by striking lines 4 and 5 on page 1 and inserting in lieu thereof the following:
"Unemployment Compensation Fund, so as to provide that the State-wide Reserve Ratio shall not be computed for any year in which the balance in the trust fund is greater than $1 billion as of June 1 of any year; to provide an".
By striking lines 24 through 26 on page 1 and inserting in lieu thereof the following:
"assigned the maximum rate allowable after application of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section 34-8-156. Employers having positive reserve accounts will".
By striking line 4 on page 2 and inserting in its place the following:
"Ratio, and inserting in its place the following:".
By striking lines 6 through 9 on page 2 and inserting in lieu thereof the following:
"(a) A State-wide Reserve Ratio shall be computed as of June 30 of each year in which the balance in the trust fund as of June 1 of such year is less than $1 billion by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. A State-wide Reserve Ratio shall not be computed for any year in which the balance in the trust fund as of June 1 of such year is greater than $1 billion."
By striking the comma at the end of line 2 on page 3 and by deleting lines 3 through 5 on page 3.
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

Broun of 46th Burton Cagle Cheeks Clay Crotts

Dean Edge Egan Gillis Glanton Gochenour

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Griffin
Guhl Harbison Henson
Hill Hooks James Johnson of 2nd
Johnson of 1st Kemp Lamutt

Land
Langford Madden Marable
McGuire Newbill Oliver Perdue
Pollard Ragan Ralston

Ray
Slotin Starr Stokes
Tanksley Taylor Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Brown of 26th Day (excused)

Farrow Middleton

Scott Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:18 P.M., the President announced the Senate adjourned.

FRIDAY, JANUARY 26, 1996

131

Senate Chamber, Atlanta, Georgia Friday, January 26, 1996 Tenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1363. By Representative Hanner of the 159th:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehi cles in said county shall be registered and licensed to operate during February and March, as provided by general law.
HB 1373. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Ivey in Wilkinson County, so as to change the powers of the judge of the municipal court.
HB 1376. By Representative Smith of the 175th:
A bill to provide a new charter for the City of Woodbine.
The following bills were introduced, read the first time and referred to committees:
SB 633. By Senators Guhl of the 45th, Cagle of the 49th, Lamutt of the 21st and Johnson of the 1st:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to provide that the superior court imposing the original sentence shall have the authority to grant pardons and paroles under certain conditions, to commute sentences, to remove disabilities imposed by law, and to suspend the execution of a sentence of death; to provide a conditional effective date and automatic repeal.
Referred to Committee on Judiciary.
SB 634. By Senator Boshears of the 6th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that in determining whether an area seeking incorporation is within three miles of the corporate limits of an existing municipal corporation, water bottoms and marsh lands will not be included in the measure.
Referred to Committee on Special Judiciary.

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SB 635. By Senators Taylor of the 12th, Perdue of the 18th and others: A bill to amend Chapter 20 of Title 45, to define the role of the merit system after July 1996.
Referred to Committee on Appropriations. SB 636. By Senator Starr of the 44th:
A bill to amend Code Section 15-11-37, relating to juvenile felonies; to amend Title 16, on bombs and chemical weapons.
Referred to Committee on Judiciary. SB 637. By Senator Starr of the 44th:
A bill to amend Chapter 2 of Title 20, relating to public school disciplinary tribu nals.
Referred to Committee on Education. SB 638. By Senators Dean of the 31st, Ray of the 19th and others:
A bill to amend Chapter 3 of Title 35, relating to the Missing Children Informa tion Center.
Referred to Committee on Special Judiciary. SB 639. By Senator Crotts of the 17th, Land of the 16th and others:
A bill to amend Chapter 18 of Title 15, relating to provisions on district attor neys.
Referred to Committee on Judiciary.
SB 640. By Senators Abernathy of the 38th, Oliver of the 42nd and others: A bill to amend Chapter 7 of Title 19, on parent and child, to change grandpar ents visitations rights.
Referred to Committee on Judiciary. SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
A bill to amend Chapter 3 of Title 20, relating to scholarships; to change the powers of the Student Finance Commission.
Referred to Committee on Higher Education. SR 454. By Senators Tysinger of the 41st, Johnson of the 1st and others:
A resolution recognizing "Engineers Day" in Georgia.
Referred to Committee on Rules. SR 455. By Senators Johnson of the 1st, Crotts of the 17th and others:
A resolution urging Congress to limit United Nations direction of the U.S. mili tary forces.
Referred to Committee on Rules. SR 456. By Senators Guhl of the 45th, Cagle of the 49th and others:
A resolution amending the Constitution to provide that pardons and paroles shall be vested in the General Assembly.
Referred to Committee on Judiciary.

FRIDAY, JANUARY 26, 1996

133

SR 457. By Senator Starr of the 44th: A resolution authorizing conveyance of certain state-owned property.
Referred to Committee on Finance and Public Utilities. SR 458. By Senator Starr of the 44th:
A resolution authorizing telecommunications easements in DeKalb, Murray, Tift, Towns, Upson, Washington and White counties.
Referred to Committee on Finance and Public Utilities. SR 459. By Senator Starr of the 44th:
A resolution authorizing easements in Chatham, Crawford, Floyd, and Lee counties.
Referred to Committee on Finance and Public Utilities. SR 464. By Senators Harbison of the 15th, Hill of the 4th and others:
A resolution commending the Georgia National Guard.
Referred to Committee on Rules. The following bills were read the first time and referred to committee: HB 1363. By Representative Hanner of the 159th:
A bill to provide that vehicles shall be registered to operate for 1997 in Webster County during the four-month staggered registration period from January through April.
Referred to State and Local Governmental Operations Committee. HB 1373. By Representative Birdsong of the 123rd:
A bill to amend the charter of the City of Ivey, to change the municipal court judge's powers.
Referred to State and Local Governmental Operations Committee. HB 1376. By Representative Smith of the 175th:
A bill to provide a new charter for the City of Woodbine.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 583. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman

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Mr. President:

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

SB 604. Do pass.

SB 588. Do pass.

Respectfully submitted,

Senator Broun of the 46th District, Chairman

Mr. President:

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

SB 510. Do pass as amended.

SR 391. Do pass.

HB 280. Do pass as amended.

HB 342 Do pass by substitute.

Respectfully submitted,

Senator Walker of the 22nd District, Chairman

Mr. President:

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

SB 348. Do pass.

SB 568. Do pass by substitute.

SB 544. Do pass as amended.

SB 628. Do pass as amended.

Respectfully submitted,

Senator Oliver of the 42nd District, Chairman

Mr. President:

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

SB 500. Do pass by substitute.

SB 554. Do pass as amended.

SB 530. Do pass by substitute.

HB 148. Do pass by substitute.

Respectfully submitted,

Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 505. Do pass.

SB 623. Do pass.

SB 586. Do pass.

Respectfully submitted,

Senator Bowen of the 13th District, Chairman

FRIDAY, JANUARY 26, 1996

135

Mr. President:
The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 515. Do pass as amended.
Respectfully submitted,
Senator Bowen of the 13th District, Chairman

Mr. President:

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

HB 588. Do pass.

HB 782. Do pass.

HB 679. Do pass.

HB 743. Do pass.

HB 691. Do pass.

HB 977. Do pass.

HB 1070. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SB 67. Do pass by substitute.

HB 958. Do pass.

SB 163. Do pass by substitute.

HB 896. Do pass.

SB 225. Do pass.

HB 978. Do pass.

SB 304. Do pass.

HB 1012. Do pass.

HB 773. Do pass.

HB 1015. Do pass.

HB 845. Do pass.

HB 1047. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Chairman

Mr. President:

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

SB 118. Do pass.

SB 534. Do pass by substitute.

SB 403. Do pass by substitute.

SB 565. Do pass.

SB 532. Do pass by substitute.

Respectfully submitted,

Senator Egan of the 40th District, Chairman

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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 589. Do pass.
Respectfully submitted,
Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 529

SB 561

SB 563

SB 590

SR 426

HB 1159

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

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

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

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

Those not answering were Senators:

Abernathy Balfour

Edge Glanton

Slotin Tanksley

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Matthew Hill, Sergeant at Arms, of Bartow County, who offered scripture reading and prayer.
Senator Middleton of the 50th introduced Ms. Melissa Mabry, President of Georgia School Food Services, commended by SR 435, adopted previously.
The following resolutions were ready and adopted:

SR 460. By Senators Bowen of the 13th, Pollard of the 24th, Farrow of the 54th and others:
A resolution commending the firefighters of Georgia and observing the 24th an nual Firefighters' Recognition Day.

SR 461. By Senator Ralston of the 51st:
A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers.

FRIDAY, JANUARY 26, 1996

137

SR 462. By Senator Farrow of the 54th:
A resolution commending the Phoenix High School program of Dalton, Georgia, and Whitfield County.

SR 463. By Senators Hill of the 4th, Burton of the 5th and Perdue of the 18th and others: A resolution commending the Georgia Recreation and Parks Association.

Senator Edge of the 28th moved that Senator Glanton of the 34th be excused from the Senate due to business out of state. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Glanton was excused.
The following local, uncontested bill of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:

SENATE LOCAL CONSENT CALENDAR
Friday, January 26, 1996 TENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 589 Middleton, 50th LUMPKIN COUNTY
To provide for an election to determine whether the Board of Commissioners should adopt land use regulations and animal control regulations.

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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:

Brown of 26th Glanton (excused)

Scott Walker

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

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JOURNAL OF THE SENATE

The bill on the Local Consent Calendar, having received the requisite constitutional majority was passed.
SENATE CALENDAR
Friday, January 26, 1996 TENTH LEGISLATIVE DAY

SB 545 Land Bank Authority--dissolution, board (F&PU--39th)

SB 547 Dawson County--change term of court (SLGO-G--50th)

SB 567 Local Government--provisions on multiyear lease, purchase (SLGO-G--44th)

HR 728 CA: 1% sales tax for educational purposes (Substitute) (F&PU--44th) Royal--164th

SB 16 Public Transportation--certification, inspection stickers (Substitute) (ST&I--56th)

SB 217 Motor Vehicle Lights--white flashing strobes, certain ones (Substitute) (Trans--35th)

SB 483 Board of Education--same expense allowance as General Assembly (Ed--56th)

SB 508 Cruelty to Children--parent's consent for body piercing (Substitute) (S Judy--41st)

SB 519 English--designate as official language (S Judy--17th)

SB 521 Special Education--parents of deaf determine school placement (Amendment) (Ed--52nd)

SB 560 DUI--applicability of statue to glue, toxic vapors (Amendment) (Judy--44th)

SB 564 Inmate Destroying Property, Attempting Escape--payment to state (Amend ment) (Corr--31st)

SB 572 Transportation Oversight Committee--create (Amendment) (Trans--33rd) The following general bills were read the third time and put upon their passage:

SB 545. By Senators Soltin of the 39th, Oliver of the 42nd and James of the 35th:

A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to change a definition; to change provisions relating to the dissolution of a land bank authority; to change provisions relating to the board of the authority; to change provisions relating to the administration of properties; to change provisions relating to the acquisition and disposal of property.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Burton

Cagle Cheeks Clay Crotts

FRIDAY, JANUARY 26, 1996

139

Day Dean Edge Egan Farrow Gillis Griffin Guhl Harbison Henson Hill Hooks James

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

Those not voting were Senators:

Brown of 26th Glanton (excused)

Gochenour Turner

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

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

SB 547. By Senator Middleton of the 50th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the term of court for Dawson County.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th

Glanton (excused)

James

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

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SB 567. By Senators Stair of the 44th, Cheeks of the 23rd and Ray of the 19th:

A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated,
relating to general provisions applicable to counties and municipal corporations, so as to revise and change certain provisions regarding multiyear lease,
purchase, or lease purchase contracts; to provide for additional conditions, limi tations, restrictions, and related matters.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Glanton (excused)

Gochenour

Johnson of 2nd

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.
HR 728. By Representatives Royal of the 164th, Buck of the 135th, Coleman of the 142nd, Murphy of the 18th, Skipper of the 137th and others: Senate Sponsor: Senator Starr of the 44th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy and collect a 1 per cent sales and use tax for certain educational purposes; to provide for procedures, condi tions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new paragraph IV to read as follows:

FRIDAY, JANUARY 26, 1996

141

"Paragraph IV. Sales tax for educational purposes, (a) The board of education of each school district in a county in which no independent school district is located may by reso lution and the board of education of each county school district and the board of educa tion of each independent school district located within such county may by concurrent resolutions impose, levy and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph or in a local law enacted pursuant to this Paragraph, shall correspond to and be levied in the same manner as, the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.
(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(1) Capital outlay projects for educational purposes;
(2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b) (2) if each affected county or independent board of education reduces its millage rate for the year following the year the funds are expended in an amount equivalent to the amount of funds expended under this subparagraph (b) (2) during such previous calendar year. In the event of failure to comply with the requirements of this subparagraph (b) (2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b) (2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educa tional purposes; or
(3) A combination of the foregoing.
(c) The resolution calling for the imposition of the tax and the ballot questions shall each describe:
(1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable;
(2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost shall also be the maximum amount of net proceeds to be raised by the tax; and
(3) The maximum period to time, to be stated in calendar years or calendar quarters and not to exceed five years.
(d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law.
(e) The tax imposed pursuant to this Paragraph shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to

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JOURNAL OF THE SENATE

the ratio the population in each school district, or portion thereof, bears to the total popu lation of the county or upon such other formula for distribution as may be determined by local law.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for author ized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as pro vided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this Paragraph and to further define and implement its provisions including, but not limited to, the au thority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this Paragraph and any local law adopted pursuant to the authority of this Paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law.
(j) No county or independent school district which levies and collects a sales tax, use tax, or sales and use tax of educational purposes pursuant to a local constitutional amend ment shall be authorized to simultaneously impose, levy and collect the tax provided for under this Paragraph."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the boards of education ( ) NO of county school districts and independent school districts to impose, levy and
collect a 1 percent sales and use tax for certain educational purposes subject to approval in a local referendum?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Finance and Public Utilities Committee offered the following substitute to HR 728:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educational purposes; to provide for procedures, condi tions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph IV to read as follows:

FRIDAY, JANUARY 26, 1996

143

"Paragraph IV. Sales tax for educational purposes, (a) The board of education of each school district in a county in which no independent school district is located may by reso lution and the board of education of each county school district and the board of educa tion of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial impo sition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect.
(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(1) Capital outlay projects for educational purposes;
(2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b) (2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b) (2), as certified by the Department of Reve nue, no further funds shall be expended under this subparagraph (b) (2) by such county or independent board of education and all such funds shall be maintained in a seperate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or
(3) A combination of the foregoing.
(c) The resolution calling for the imposition of the tax and the ballot questions shall each describe:
(1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable;
(2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and
(3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years.
(d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law.
(e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to

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JOURNAL OF THE SENATE

the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for author ized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as pro vided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provi sions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied.
(j) (1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV (a) and except as other wise provided in subparagraph (j) (2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment.
(2) The restriction on and limitation of ad valorem taxing powers described in subpara graph (j) (1) of this Paragraph shall remain applicable with respect to proceeds re ceived from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Para graph IV (a), as opposed to a local sales and use tax authorized by this Paragraph or by general law."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the boards of education ( ) NO of county school districts and independent school districts to impose, levy, and
collect a 1 percent sales and use tax for certain educational purposes subject to approval in a local referendum?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Bowen Broun of 46th Burton

Cagle Cheeks Clay Crotts Day Dean

Edge Egan Farrow Gillis Griffin Guhl

FRIDAY, JANUARY 26, 1996

145

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

Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Boshears

Brown of 26th Gochenour

Tanksley

Not voting was Senator Glanton (excused).

On the adoption of the substitute, the yeas were 50, nays 5, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Blitch Boshears

Brown of 26th Gochenour

Tanksley

Not voting were Senators Glanton (excused) and Johnson of 1st.

On the adoption of the resolution, the yeas were 49, nays 5.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
Senator Newbill of the 56th introduced the doctor of the day, Dr. Lonny Horowitz, of Dunwoody, Georgia.
Senator Johnson of the 1st introduced Congressman Jack Kingston, who addressed the Senate briefly.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and de lete certain definitions; to revise provisions relative to the management of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
The following bill was taken up to consider House action thereto:
SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and de lete certain definitions; to revise provisions relative to the management of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding com panies, so as to revise provisions governing the management, ownership, and creation of branch banks; 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.
Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relat ing to bank branches, offices, facilities, and holding companies, is amended by striking Code Section 7-1-601, relating to branch banks, and inserting in lieu thereof a new Code Section 7-1-601 to read as follows:
"7-1-601.
(a) Branch banks, as defined in paragraph (5) of Code Section 7-1-600, shall be operated as branches and under the name of the parent bank and under the control and direction of the board of directors and executive officers of said parent bank. The board of directors of the parent bank shall elect a cashier and such other officers that may be required to conduct the business of said branch properly; and a board of directors, or loan committee, shall be responsible for the conduct and management of said branch, but not of the par ent bank or of any other branch save that of which they are officers, directors, or committee.

FRIDAY, JANUARY 26, 1996

147

(b) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48-6-90.
(c) No new or additional branch bank as defined in paragraph (5) of Code Section 7-1-600 shall be established except with the prior approval of the department and as follows:
(1) After July 1, 1996, a bank may establish three new or additional branch banks. Such branch banks may be established de novo in the same manner as provided for the establishment of bank offices in Code Section 7-1-602. As used in this subsection, the term 'bank' shall mean all affiliated banks under the same bank holding company. The limitation on the number of banks set forth in this paragraph shall not apply to branch banks established pursuant to subsection (e) of Code Section 7-1-606. All banks chartered pursuant to this Code Section shall use all reasonable means to serve the needs of all segments of the community in which they are located. Such banks shall diligently comply with the provisions of the Community Reinvestment Act Branch
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(2) any parent bank located in any county of this state having a population of 400,000 or more according to the United States decennial census of 1970 may establish branch banks as provided by law within any adjacent county having a population of 400,000 or more according to the United States decennial census of 1970;
(3) (A) A branch bank may be established through merger, consolidation, or sale of assets pursuant to Part 14, 15, or 16 of this article if:
(i) One of the parties to the merger, consolidation, or sale of assets is a failed bank; and
(ii) (I) In the event that the other party presently maintains a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank; or
(II) In the event that the other party is a bank domiciled in this state which does not maintain a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in either the county of the failed bank or a county adjacent to the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank;.
(B) For the purposes of this paragraph, a bank shall be deemed to be a failed bank if the commissioner and the appropriate federal regulatory authority have determined that the bank:
(i) Is insolvent or in an unsafe or unsound condition to transact its business; or
(ii) Has generally suspended payment of its obligations without authority of law;.
(C) For the purposes of this paragraph, a bank shall be deemed to be qualified to merge or consolidate with, or acquire the assets of, a failed bank only if the commissioner and the appropriate federal regulatory authority have determined that the bank possesses sufficient capital and management resources to enable it to operate safely and soundly following the proposed merger, consolidation, or sale of assets;.
(D) For the purposes of this paragraph, a bank shall be deemed to be unwilling to merge or consolidate with, or acquire the assets of, a failed bank if it does not, within a reasonable time as determined by the commissioner, match the best offer made by any qualified bank to merge or consolidate with, or acquire the assets of, the failed bank.

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JOURNAL OF THE SENATE

The commissioner may prescribe procedures for determining the best offer to merge or consolidate with, or acquire the assets of, the failed bank, including but not limited to the submission of sealed bids; for determining which of the banks located in the county of the failed bank, or in counties adjacent to the county of the failed bank, shall be entitled to attempt to match the best offer; and for determining whether a subsequent offer matches the best offer."
SECTION 2.
Said part is further amended by striking subsection (c) of Code Section 7-1-601, relating to branch banks, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Nu new (iv additional branch bank as defined in paragraph (5) uf Oude Section 7-1-000
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FRIDAY, JANUARY 26, 1996

149

Siiiy Cj U<ilillcOl IDclIlK. tO 11161'^G Or COilJ)Oiiultc WiLli, Ol1 S.O^Uil'<i Lllii &SfictS OI, tllti Iciiltiu. Dtilit." xI16 COlllllllSSluiitil iilciy pl'tiSCi'iuc jji'OCctu.U.lcfc 101" Otittii'lllllllli^ Lliti utifeL Gllci1 10

111 tfl^ COUilty 01 T/I16r I&11GQ DSfiiiC, Of nl COUilti^S 3dJtC6Ht tO Lliti COLiiity OI tilG IflllGG
bank, shall be entitled to attempt to match the be&t offer, and fui JeLcrmmiag
Wftfitllci* Si SUuSiv^U.(iji.lL Ollti' ilicltCllfib tile UtiSL ullci.
New or additional branch banks as defined in paragraph (5) of Code Section 7-1-600 may be established with the prior approval of the department. Such branch banks may be estab lished de novo in the same manner as is provided for the establishment of bank offices in Code Section 7-1-602, by relocation of the parent bank or another branch bank, or by merger, consolidation, or purchase of assets and assumption of liabilities involving another parent bank or branch bank."

SECTION 3.

Section 1 of this Act shall become effective July 1,1996. Section 2 of this Act shall become effective on July 1, 1998.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 165.
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 Egan Farrow

Gochenour Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Lamutt Land McGuire Middleton Newbill

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

Those voting in the negative were Senators:

Black Blitch Dean
Edge

Gillis Griffin Kemp
Madden

Marable Pollard Ralston
Ray

Those not voting were Senators:

Glanton (excused) Hill

Langford Walker

On the motion, the yeas were 40, nays 12; the motion prevailed, and the Senate agreed to the House substitute to SB 165.
Senator Perdue of the 18th moved that Senator Hill of the 4th be excused from the Senate due to urgent business. On the motion, the yeas were 43, nays 0; the motion pre vailed, and Senator Hill was excused.

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The Calendar was resumed.
SB 16. By Senators Newbill of the 56th and Tanksley of the 32nd:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to pro vide for chauffeurs' permits.
The Senate Science, Technology and Industry Committee offered the following substi tute to SB 16:
A BILL
To be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain definitions; to provide for definitions; to change certain provisions relating to qualifications of applicants for cer tificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to provide for chauffeurs' permits; to provide for the nontransferability of chauffers' permits; to remove a one-year residency require ment for chauffeurs; to provide for renewal of chauffeurs' permits; to provide that a limou sine carrier operating under a certificate issued by the commission shall not be required to file annual or quarterly revenue and expense reports; to change provision relating to infor mation contained on license plates; to change a certain date of eligibility for certificates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking division (7) (C) (xiii) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof a new division (7) (C) (xiii) to read as follows:
"(xiii) Vehicles, except limousines, extended limousines, sedans, and vans driven by commission permitted chauffeurs, transporting not more that ten 15 persons for hire, inclusive of the drivers, except that any operator of such a vehicle ii~required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commissions' liability insurance and vehicle safety rules;".
SECTION 2.
Said title is further amended by striking Code Section 46-7-85.1, relating to definitions regarding limousine carriers, and inserting in lieu thereof a new Code Section 46-7-85.1 to read as follows;
"46-7-85.1
As used in this article, the term:
(1) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission.
(2) 'Chauffeur' means any person with a Georgia state driver's license who meets the i^uiiiiiicHtioiis 3.s prGscriutiQ in t^ods osctiou 4o~ /~oo. JLU tttci wiio is mtiionzGQ Dy triG Public Service Commission to drive a limousine under this article individual author ized and permitted by the commission to drive limousines, extended limousines, se dans, or vans for a commission certificated limousine carrier.

FRIDAY, JANUARY 26, 1996

151

(3) 'Commission' means the Public Service Commission.

(4) 'Limousine' or 'extended limousine' means any motor vehicle that meets the manu facturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of seating capacity for five seats per sons located behind the upei atoi driver of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle, classified under this paragraph, shall be permitted to be operated both as a taxicab and a limousine or extended limousine.

(5) 'Limousine carrier' means any person operating a service regularly rendered to the

public by furnishing transportation as a motor common carrier for hire, not over fixed

routes, by means of limousines, or extended limousines, sedans, or vans driven by

chauffeurs on the basis of telephone contract;--or, written contract, or other

arrangement.

"

(6) "Person" means any individual, firm, partnership, corporation, company, associa tion, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

(7) 'Public highway' means every public street, road, or highway in this state.

(8) 'Sedan' means any luxury sedan or town car type vehicle which has a seating capac ity of not more than five passengers and the driver and which does not contain a taxi meter designed to measure electronically or mechanically the distance traveled or time. No sedan, classified as such under this paragraph, shall be permitted to be oper ated both as a taxicab and a sedan.

(9) 'Van' means any motor vehicle driven by a commission permitted chauffeur, other than a limousine, extended limousine, or sedan, with a designed seating capacity tor no more than 15 passengers, including the driver, and excluding vehicles periodically or routinely used in a passenger shuttle service for hire or for the purpose of transporting passengers requiring nonemergency medical transportation."

SECTION 3.

Said title is further amended by striking Code Section 46-7-85.2, relating to compliance with the article, and inserting in lieu thereof a new Code Section 46-7-85.2 to read as follows:
"46-7-85.2.

No limousine carrier shall operate any limousine, extended limousine, sedan, or van for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article."

SECTION 4.

Said title is further amended by striking Code Section 46-7-85.4, relating to applications for certificates, and Code Section 46-7-85.5, relating to safety and mechanical inspections, and inserting in lieu thereof new Code Sections 46-7-85.4 and 46-7-85.5 to read as follows:
"46-7-85.4
(a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, main tenance of adequate liability insurance coverage, and information as may, in its judge ment, be necessary and may establish fees as part of such certificate process.
(b) A certificate shall be issued to any qualified applicant, provided that smuli applicant is a limousine earlier business domiciled in this state, person, including any individual, firm partnership, corporation, company, association, or joint-stock association authoriz ing the operations covered by the such person's application to the commission if it is found that the applicant is fit, willing, and able to perform properly the service services authorized by the provisions of this article and to conform to the provision!) of this article

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and rules and regulations of the commission and has not been convicted of any feluuy as such viuldtrori or violations are related to the uperatiuii of a mutor vehicle no individual, partner, or principal officer of an applicant firm, corporation, association, or joint-stock association has been convicted of, been on probation or parole for, or been imprisoned as punishment for a telony 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 subsection, a plea of nolo contendere to any such felony or offense involving moral turpitude shall constitute a conviction; provided, however, all applicants shall be entitled to the full ben efits 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 in spected vehicle shall be identified with an inspection sticker issued by the commission and placed on the front left, bottom portion of the vehicle's windshield. All inspections shall be accompanied by such fee as the commission shall prescribe."
SECTION 5.
Said title is further amended by striking Code Sections 46-7-85.8, 46-7-85.9, and 46-785.10, relating to unlawful operations, forms for chauffeur's permits, and applications for chauffeurs' permits, respectively, and inserting in lieu thereof new Code Sections 46-7-85.8, 46-7-85.9, and 46-7-85.10 to read as follows:
"46-7-85.8.
After the cancellation or revocation of a permit certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9
Pursuant to rules and regulations prescribed by the commission, each chauffeur driver employed by a limousine carrier shall register apply with the commission and secure a chauffeur's permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission and shall bear thereon a dis tinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession and visible at all times while operating driving for a limousine carrier. All applications for a chauffeur's permit shall be accompanied by such fee as the commission shall prescribe. The chauffeur's permit shall be valid for two cal endar years. A chauffeur's permit shall not be transferable to another limousine carrier. Chauffeurs' permits may be renewed up to 90 days before expiration of such permits. The commission may issue a chauffeur's permit by mail.
46-7-85.10
(a) In order to secure a chauffeur's permit, an applicant must provide the following infor mation on a form provided by the commission. The applicant must:
(1) Be at least 18 years of age;
(2) Possess a valid Georgia driver's license, which must have been held fur a minimum peiiud uf one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; provided, however, that any applicant who is domiciled in the State of Georgia must possess a valid Georgia driver' s license except nonresident mili tary personnel; and
(3) (A) Not have been convicted, been on probation or parole, or served time on a sen tence for a period of five years previous to the date of application for the violation of

FRIDAY, JANUARY 26, 1996

153

any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of in toxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses pre scribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of no contendere to any of the offenses set out in this paragraph shall constitute a conviction.
(b) Intentional falsification of the chauffeur's permit application shall be grounds for dis qualification of the applicant for one year from receipt of application by the commission."
SECTION 6.
Said title is further amended by striking Code Section 46-7-85.11, relating to the preemp tion of regulations by general law, and inserting in lieu thereof a new Code Section 46-785.11 to read as follows:
"46-7-85.11.
The State of Georgia fully occupies and preempts the entire field of regulation over lim ousine carriers as regulated by this article; provided, however, that the governing au thority of any county or municipal airport shall be authorized to pei'iuiL any limuubine caniei Juiug business at any such airpuit and may establish nonprohibitive operations fees as pai I uf such permitting process for any licensed limousine carrier doing business at such airport; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees established, fees for a nonrestrictive business license."
SECTION 7.
Said title is further amended by striking Code Section 46-7-85.12, relating to tariff of rates and charges, and inserting in lieu thereof a new Code Section 46-7-85.12 to read as follows:
"46-7-85.12.
(a) A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges.
(b) A limousine carrier operating under a certificate issued by the commission shall not be required to file annual or quarterly revenue and expense reports with the commission."
SECTION 8.
Said title is further amended by striking Code Section 46-7-85.14, relating to temporary permits, and inserting in lieu thereof a new Code Section 46-7-85.14 to read as follows:
"46-7-85.14.
A limousine carrier may obtain a temporary permit certificate for a period of 21 consecu tive days beginning and ending on the dates specified on the face of the permit certificate. Temporary permits certificates shall be obtained by out-of-state limousine carriers which make only infrequent trips within and through this state. The fee for each temporary

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JOURNAL OF THE SENATE

certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary penait certificate shall be issued to a limousine carrier without the commission having first received satisfactory proof that it such carrier meets the insurance requirements of stipu lated in the rules and regulations of the commission. A temporary permit certificate shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary pcimit certificate by facsimile message or letter. Any chauffeur operating a limousine, extended limousine, sedan, or van under a temporary permits certificate issued pursuant to this Code section shall 5e required to obtain a chauffeur's permit; provided, however, that any chauffeur operating a limousine, extended limousine, sedan, or van under a temporary certificate issued pur suant to this Code section who is not a resident of this state may be issued a chauffeur's permit under rules and regulations established by the commission tor a period of 21 con secutive days beginning and ending on the dates specified on the face of such permit."
SECTION 9.
Said title is further amended by striking Code Section 46-7-85.15, relating to license plates, and inserting in lieu thereof a new Code Section 46-7-85.15 to read as follows:
"46-7-85.15.
Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehi cle a standard size license plate bearing the following information: (1) limousine com pany name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE 1 GPSC. The cost for such license plate shall be the sole responsibility of the limousine earner and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994 1996, for all such vehicles currently owned and to be registered and operated by a limousine carrier."
SECTION 10.
Said title is further amended by striking Code Section 46-7-85.16, relating to eligibility for certificates of carriers, and inserting in lieu thereof a new Code Section 46-7-85.16 to read as follows:
"46-7-85.16.
Any person doing business in this state as a limousine carrier who is registered as such with the commission as of May 1, 1994 May 1, 1996, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to con tinue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees."
SECTION 11.
This Act shall become effective on May 1, 1996.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment:
Amend the Senate Science, Technology and Industry Committee substitute to SB 16 by striking line 4 of page 1 and inserting in lieu thereof the following:
"definitions: to provide for applicability of certain provisions relating to limousine carri ers only in municipalities having a population of 120,000 or more; to provide for local regulation; to change certain provisions relating to".

FRIDAY, JANUARY 26, 1996

155

By striking line 24 of page 3 and inserting in lieu thereof the following:
"No limousine carrier doing business in a municipality having a population of 120,000 or more according to the United States decennial census of 1990 or any future such census shall operate any limousine, extended".
By striking line 28 of page 3 and inserting in lieu thereof the following:
"article. The provisions of this article shall not apply to any limousine carrier which does not do business in any municipality having a population of 120,000 or more according to the United States decennial census of 1990 or any future such census.'".
By striking line 42 of page 6 and inserting in lieu thereof the following:
"regulated by this article in those municipalities having a population of 120,000 or more according to the United States decennial census of 1990 or any tuture such census; pro vided, however, that the".
By striking line 9 of page 7 inserting in lieu thereof the following:
"fees for a nonrestrictive business license. Local governing authorities other than those municipalities having a population of 120,000 or more according to the United States decennial census of 1990 or any future such census may enact ordinances and regula tions which regulate limousine carriers to the extent otherwise permitted by law.' ".
Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn. The consent was granted and the Thompson amendment was withdrawn.
On the adoption of the substitute, the yeas were 42 , nays 2, 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 Dean
Edge Farrow

Gillis Griffin
Guhl
Hooks James
Johnson of 1st Kemp Lamutt Land Langford Madden Marable
McGuire Middleton

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

Those voting in the negative were Senators:

Brown of 26th Egan Henson

Scott Slotin Stokes

Thomas

Those not voting were Senators:

Abernathy Day Glanton (excused)

Gochenour Harbison Hill (excused)

Johnson of 2nd Walker

On the passage of the bill, the yeas were 41, nays 7.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Newbill of the 56th moved that SB 16 be immediately transmitted to the House. On the motion, the yeas were 42, nays 1; the motion prevailed, and SB 16 was immediately transmitted.
Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., and at that time, pursuant to HR 822, adjourn until 10:00 A.M. on Monday, January 29, 1996; the motion prevailed.
At 5:00 P.M. the President announced the Senate adjourned.

MONDAY, JANUARY 29, 1996

157

Senate Chamber, Atlanta, Georgia Monday, January 29, 1996 Eleventh Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, January 26, 1996, proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1387. By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro.
HB 1390. By Representative Royal of the 164th and Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1392. By Representatives Rogers of the 20th, Stephenson of the 25th, Mills of the 21st and others:
A bill to amend an Act creating a new charter for the City of Gainesville, relat ing to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.
HB 1393. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to create the Lamar County Livestock and Agricultural Exposition Au thority.
HB 1407. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend an Act providing that the judge of the Municipal Court of Co lumbus and Muscogee County shall serve as the chief magistrate of the Magis trate Court of Muscogee County, so as to provide for the appointment of an addi tional magistrate.
HB 1409. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and others:
A bill to amend an Act providing for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magis trate and full-time magistrate of the Magistrate Court of Chatham County.

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JOURNAL OF THE SENATE

HB 1410. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
HB 1411. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and others:
A bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County.
HB 1428. By Representative McCall of the 90th:
A bill to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor.
HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of education" shall in clude any independent school system and the board of education of any in dependent school system.
HB 1124. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees, so as to authorize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds trans fer.
HB 1269. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the defini tion of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.
HB 1125. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
HB 1200. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-6-35 of the Official Code of Georgia Annotated, relating to certification of fixed assessments of certain intangible personal prop erty to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.

MONDAY, JANUARY 29, 1996

159

HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the origi nal issuance.
HB 1025. By Representative Childers of the 13th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the case of failure to file the application.
HB 1208. By Representatives Carter of the 166th, Bostick of the 165th, Walker of the 141st and others:
A bill to amend Article 4 Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgement garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment.
HB 1194. By Representatives Powell of the 23rd and Harbin of the 113th:
A bill to amend Code Section 33-23-18, relating to licensing of insurance agents, counselors, and adjusters, so as to provide an exemption from continuing educa tion requirements for persons over the age of 65.
HB 1253. By Representative Powell of the 23rd:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provi sions relating to additional title fees for vehicles previously titled in other states.
HB 1226. By Representative Skipper of the 137th:
A bill to amend Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, so as to authorize the utilization of such foreclosure provisions with respect to delinquent municipal ad valorem taxes through the adoption of a municipal ordinance or resolution.
HB 1228. By Representatives Hanner of the 159th, Carter of the 166th, Shaw of the 176th and others:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flota tion devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad.

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HB 1268. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relating to physically disabled persons, so as to provide criminal and civil penalties for action related to guide, leader, or service dogs for persons who are blind, deaf, audibly impaired, or physically limited.
HB 907. By Representative Crawford of the 129th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the crime of misrepresenting the origin of timber.
HB 1175. By Representative Murphy of the 18th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance, filing, and effectiveness of insurers' rates rating plans, rating systems, and underwriting rules, so as to establish certain limitations with respect to loss reserves of workers' compensation insurers.
HB 1183. By Representatives Ladd of the 59th, Crawford of the 129th, Williams of the 114th and others:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to prohibit such organiza tions and health care networks from requiring employees or members thereof to agree not to provide certain information; to provide that certain contract provi sions are void.
SB 488. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bade County.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the ap pearance or demeanor of deponents or attorneys.
The following bills were introduced, read the first time and referred to committees:
SB 642. By Senator Egan of the 40th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended.
Referred to State and Local Governmental Operations Committee.

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SB 643. By Senators Johnson of the 1st, Thomas of the 10th, Dean of the 31st and Johnson of the 2nd:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to permit at least one elected official of the appointing political subdivision to serve as a commissioner of the housing authority.
Referred to State and Local Governmental Operations Committee -- (General).
SB 644. By Senators Farrow of the 54th, Clay of the 37th and Edge of the 28th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for permission to aopeal the appellate court shall have jurisdiction to decide the case and shall grant the application.
Referred to Judiciary Committee.
SB 645. By Senators Oliver of the 42nd, Perdue of the 18th and Ray of the 19th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for a grant program for public schools which are magnet or theme schools or offer extended school hours or school days; to provide for standards and proce dures relating to such programs; to provide for use of appropriations.
Referred to Education Committee.
SB 646. By Senators Oliver of the 42nd, Burton of the 5th, Thomas of the 10th and others:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotat ed, relating to the use of safety belts in passenger vehicles, so as to change provi sions relating to penalties for violations of said Code section.
Referred to Judiciary Committee.
SR 465. By Senators Marable of the 52nd, Dean of the 31st, Starr of the 44th and Newbill of the 56th:
A resolution proposing an amendment to the Constitution so as to provide that the members of the State Board of Education shall be elected by the members of the House of Representatives and Senate whose districts are embraced within the congressional district from which the member is elected; to provide for cur rently serving members; to provide for the submission of this amendment for ratification or rejection.
Referred to Education Committee.
SR 466. By Senators James of the 35th and Slotin of the 39th:
A resolution recognizing South Fulton County Legislative Day at the Capitol on February 14, 1996, in celebration of Black History Month.
Referred to Rules Committee.

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The following bills were read the first time and referred to committees:
HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the origi nal issuance.
Referred to Public Safety Committee.
HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of education" shall in clude any independent school system and the board of education of any in dependent school system.
Referred to Education Committee.
HB 907. By Representative Crawford of the 129th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the crime of misrepresenting the origin of timber.
Referred to Special Judiciary Committee.
HB 1025. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.
Referred to Retirement Committee.
HB 1124. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees, so as to authorize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds trans fer.
Referred to Finance and Public Utilities Committee.
HB 1125. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
Referred to Finance and Public Utilities Committee.

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HB 1175. By Representative Murphy of the 18th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance, filing, and effectiveness of insurers' rates, rating plans, rating systems, and underwriting rules, so as to establish certain limitations with respect to loss reserves of workers' compensation insurers.
Referred to Insurance and Labor Committee.
HB 1183. By Representatives Ladd of the 59th, Crawford of the 129th, Williams of the 114th and Henson of the 65th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to prohibit such organiza tions and health care networks from requiring employees or members thereof to agree not to provide certain information; to provide that certain contract provi sions are void.
Referred to Health and Human Services Committee.
HB 1194. By Representatives Powell of the 23rd and Harbin of the 113th:
A bill to amend Code Section 33-23-18, relating to licensing of insurance agents, counselors, and adjusters, so as to provide an exemption from continuing educa tion requirements for persons over the age of 65.
Referred to Insurance and Labor Committee.
HB 1200. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Code Section 48-6-35 of the Official Code of Georgia Annotated, relating to certification of fixed assessments of certain intangible personal prop erty to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.
Referred to Finance and Public Utilities Committee.
HB 1208. By Representatives Carter of the 166th, Bostick of the 165th, Walker of the 141st and Chambless of the 163rd:
A bill to amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgement garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment.
Referred to Judiciary Committee.
HB 1226. By Representative Skipper of the 137th:
A bill to amend Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, so as to authorize the utilization of such foreclosure provisions with respect to delinquent municipal ad valorem taxes through the adoption of a municipal ordinance or resolution.
Referred to Finance and Public Utilities Committee.

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HB 1228. By Representatives Hanner of the 159th, Carter of the 166th, Shaw of the 176th and Coleman of the 142nd:
A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal floata tion devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad. Referred to Economic Development, Tourism and Cultural Affairs Committee.
HB 1253. By Representative Powell of the 23rd:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provi sions relating to additional title fees for vehicles previously titled in other states. Referred to Finance and Public Utilities Committee.
HB 1268. By Representative Campbell of the 42nd:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provision relating to physically disabled persons, so as to provide criminal and civil penalties for action related to guide, leader, or service dogs for persons who are blind, deaf, audibly impaired, or physically limited. Referred to Health and Human Services Committee.
HB 1269. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the defini tion of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.
Referred to Agriculture Committee.
HB 1387. By Representative Parrish of the 144th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the corporate limits of the City of Swainsboro. Referred to State and Local Governmental Operations Committee.
HB 1390. By Representatives Royal of the 164th and Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law. Referred to State and Local Governmental Operations Committee.
HB 1392. By Representatives Rogers of the 20th, Stephenson of the 25th, Mills of the 21st and Smith of the 19th:
A bill to amend an Act creating a new charter for the City of Gainesville, relat ing to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.
Referred to State and Local Governmental Operations Committee.

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HB 1393. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to create the Lamar County Livestock and Agricultural Exposition Au thority. Referred to State and Local Governmental Operations Committee.

HB 1407. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend an Act providing that the judge of the Municipal Court of Co lumbus and Muscogee County shall serve as the chief magistrate of the Magis trate Court of Muscogee County, so as to provide for the appointment of an addi tional magistrate.
Referred to State and Local Governmental Operations Committee.

HB 1409. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and Thomas of the 148th:
A bill to amend an Act providing for the Magistrate Court of Chatham County, so as to provide for the nonpartisan nomination and election of the chief magis trate and full-time magistrate of the magistrate Court of Chatham County.
Referred to State and Local Governmental Operations Committee.

HB 1410. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and others:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham County.
Referred to State and Local Governmental Operations Committee.

HB 1411. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Dixon of the 150th and others:
A bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County.
Referred to State and Local Governmental Operations Committee.

HB 1428. By Representative McCall of the 90th:

A bill to amend and Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor.

Referred to State and Local Governmental Operations Committee.

The following bills were read the second time:

SB 67 SB 403 SB 532 SB 583 SR 391 HB 743 HB 977

SB 118 SB 500 SB 534 SB 586 HB 148 HB 773 HB 978

SB 163 SB 505 SB 544 SB 588 HB 280 HB 782 HB 1012

SB 225 SB 510 SB 554 SB 604 HB 588 HB 845 HB 1015

SB 304 SB 515 SB 565 SB 623 HB 679 HB 896 HB 1047

SB 348 SB 530 SB 568 SB 628 HB 691 HB 958
HB 1070

Senator Perdue of the 18th moved that Senator Kemp of the 3rd be excused from the Senate due to illness. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Kemp was excused.
Senator Griffin of the 25th moved that Senator Walker of the 22nd be excused from the Senate due to family business. On the motion, the yeas were 38, nays were 0; the motion prevailed, and Senator Walker was excused.

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

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

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

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

Those not answering were Senators:

Abernathy Kemp (excused)

Thompson Walker (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Farrow of the 54th introduced the chaplain of the day, Reverend Bruce Sloan, pastor of First Baptist Church, Ringgold, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 467. By Senator Pollard of the 24th: A resolution recognizing and commending Supria Kuppuswamy.

SR 468. By Senator Hill of the 4th: A resolution commending Kimberly Coursey.

SR 469. By Senator Hill of the 4th: A resolution recognizing and commending Rachel Martin.

SR 470. By Senator Gillis of the 20th: A resolution recognizing and commending Jocelyn Powell.

SR 471. By Senator Farrow of the 54th: A resolution recognizing and commending Autumn Stevenson.

SR 472. By Senator Farrow of the 54th: A resolution recognizing and commending Heather Roark.

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SR 473. By Senator Crotts of the 17th: A resolution recognizing and commending Elizabeth Daniel.
SR 474. By Senator Broun of the 46th: A resolution commending exceptional members of 4-H and recognizing the ob servance of 4-H Day at the state capitol.
SR 475. By Senator Broun of the 46th: A resolution recognizing and commending Julie Mills.
SR 476. By Senator Blitch of the 7th: A resolution recognizing and commending Odin Stephens.
SR 479. By Senators Dean of the 31st and Marable of the 52nd: A resolution commending the Cartersville Middle School math department and Mr. Jeff Hays, Mrs. Rita Mashburn, and Mrs. Kathy Walker.
SR 480. By Senators Dean of the 31st and Marable of the 52nd: A resolution commending the Cartersville High School Bible Club.
SR 481. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing the CAHISCO of Cartersville High School.
SR 482. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing The Chipper of Cartersville High School.
SR 483. By Senators Dean of the 31st and Marable of the 52nd: A resolution commending Terry Nelson and Terry Ramey.
Senator Broun of the 46th introduced Manuel Diaz, Coach of the 1995 University of Georgia Men's Tennis team, commended by SR 406, adopted previously. Coach Diaz ad dressed the Senate briefly.
Lieutenant Governor Howard introduced Dan Magill, commended by SR 408, adopted previously, who addressed the Senate briefly.
SENATE CALENDAR Monday, January 29, 1996 ELEVENTH LEGISLATIVE DAY
SB 217 Motor Vehicle Lights--white flashing strobes, certain ones (Substitute) (Trans--35th)
SB 483 Board of Education--same expense allowance as General Assembly (Amend ment) (Ed--56th)
SB 508 Cruelty to Children--parent's consent for body piercing (Substitute) (S Judy-- 41st)
SB 519 English--designate as official language (S Judy--17th)

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SB 521 Special Education--parents of deaf determine school placement (Amendment) (Ed--52nd)
SB 560 DUI--applicability of statute to glue, toxic vapors (Amendment) (Judy--44th)
SB 564 Inmate Destroying Property, Attempting Escape--payment to state (Amend ment) (Corr--31st)
SB 572 Transportation Oversight Committee--create (Amendments) (Trans--33rd)
SB 529 Vessels--certain flotation device exemptions, Olympics (Nat R--20th)
SB 561 Insurance--access to accident, health plans for small businesses (Substitute) (I&L--47th)
SB 563 Motor Vehicles--proof of insurance, certain recently acquired vehicle (I&L-- 12th)
SB 590 Boat Safety--relating to flotation device, certain children (Substitute) (Nat-- R--50th)
SR 426 Olympic Game Venues--recycling plan (Nat R--35th)
HB 342 Controlled substances and dangerous drugs; amend list (H&HS--22nd) (Substi tute) Parham--122nd
HB 1159 Shrimping; cast net; limited amount (Nat R--20th) Carter 166th The following general bills were read the third time and put upon their passage:
SB 217. By Senator James of the 35th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment of motor vehicles, so as to require outside roof mounted white flashing strobe lights on certain motor vehi cles.
The Senate Transportation Committee offered the following substitute to SB 217:
A BILL To be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment of motor vehicles, so as to re quire white or amber flashing or strobe lights on certain motor vehicles in roadway con struction zones; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relat ing to lighting equipment of motor vehicles, is amended by adding, following Code Section 40-8-33, a new Code section to be designated Code Section 40-8-33.1 to read as follows:
"40-8-33.1
(a) Any public or private entity conducting a construction project on the streets or high ways of this state which are open to the traveling public shall provide that every motor vehicle used in a roadway construction project shall be equipped with a white or amber flashing or strobe light with such light either permanently or temporarily fixed upon or

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in said vehicle so as to be clearly seen. Such light shall flash and should be visible under normal atmospheric conditions from a distance of 500 feet from such vehicle.
(b) Nothing contained in this Code section shall require any public or private entity to comply with subsection (a) of this Code section, if the public or private entity has the appropriate permits from the Board of Public Safety to operate flashing or revolving lights as provided for in Code Section 40-8-92.
(c) It shall be unlawful to operate a motor vehicle in violation of the provisions of this Code section. Any person violating this Code section shall be punished with a fine not to exceed $100.00.
(d) Nothing in this Code section shall be construed to impose a duty on a manufacturer of a motor vehicle to install a flashing or strobe light in compliance with the provisions of this Code section at the time of manufacture or sale; it is the purpose of this Code section to place a duty on operators of motor vehicles only under specified circumstances and conditions and not on manufacturers.

SECTION 2.

This act shall become effective on July 1, 1998.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton

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

Those voting in the negative were Senators:

Gochenour Johnson of 1st

Langford McGuire

Not voting was Senator Walker (excused).

On the passage of the bill, the yeas were 51, nays 4.
The bill having received the requisite constitutional majority, was passed by substitute.

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SB 483. By Senators Newbill of the 56th, Perdue of the 18th, Ray of the 19th and others:

A bill to amend Code Section 20-2-9 of the Official Code of Georgia Annotated,
relating to per diem allowances and expenses of members of the State Board of Education, so as to restrict members of the board to the same expense allowance as members of the General Assembly; to provide for reimbursement of actual transportation costs.

Senator Newbill of the 56th offered the following amendment:
Amend SB 483
by deleting on page 1 line 14 "3" and inserting "2" in lieu thereof.
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Not voting was Senator Walker (excused).

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

SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of their parents or guardians; to pro vide for a penalty.
The Senate Special Judiciary Committee offered the following substitute to SB 508:
A BILL
To be entitled an Act to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of a parent or guardian of such minor; to provide for a penalty; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the cruelty to children, is amended by adding immediately to following Code Section 16-5-71 a new Code section to read as follows:
"16-5-71.1.
(a) It shall be unlawful for any person to pierce the body of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply it:
(1) Such person has been furnished with proper identification showing that the individ uals 18 years of age or older; and
(2) The person reasonably believes such minor to be 18 years of age or older.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

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

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

Not voting was Senator Walker (excused).

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

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SB 519. By Senators Crotts of the 17th, Balfour of the 9th, Langford of the 29th, Dean of the 31st 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 provide for remedies; to provide for ex ceptions; to authorize use and printing of official documents in other languages.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Gochenour Guhl Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

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

Those voting in the negative were Senators:

Abernathy Brown of 26th
Griffin Harbison

Henson Oliver Scott

Slotin Stokes Thomas

Not voting was Senator Walker (excused).

On the passage of the bill, the yeas were 45, nays 10.
The bill, having received the requisite constitutional majority, was passed.
Senator Crotts of the 17th moved that SB 519 be immediately transmitted to the House.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 519 was imme diately transmitted to the House.

SB 521. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to allow parents of deaf students the final determination of placement of such students in the local school system or the Georgia School for the Deaf.

The Senate Education Committee offered the following amendment:
Amend SB 521 by striking line 5 on page 1 and inserting in its place the following:
"school system, the Georgia School for the Deaf, or the Atlanta Area School for the Deaf; to repeal".

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By striking lines 27 and 28 on page 1 and inserting in lieu thereof the following:
"the local school system, the Georgia School for the Deaf, or the Atlanta Area School for the Deaf."'!
Senator Edge of the 28th moved that SB 521 be committed to the Education Commit tee. On the motion, the yeas were 16, nays 34, and the motion lost.
On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable Middleton

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

Those voting in the negative were Senators:

Clay Crotts Edge Egan

Harbison James Lamutt Land

McGuire Oliver Stokes

Those not voting were Senators Taylor and Walker (excused).

On the passage of the bill, the yeas were 43, nays 11.
The bill, having received the requisite constitutional majority, was passed as amended.
At 12:30 P.M., the President announced that the Senate would stand in recess until 1:45 P.M. today.
The President called the Senate to order at 1:45 P.M. Serving as doctor of the day today was Dr. Bob Lanier of Atlanta, Georgia.
The Calendar was resumed.

SB 560. By Senators Starr of the 44th, Perdue of the 18th and Henson of the 55th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the influence of any glue, aerosol, or other toxic vapor; to provide for related matters; to provide for an effective date and applicability.

The Senate Judiciary Committee offered the following amendment:
Amend SB 560 by striking in their entirety lines 23 through 25 of page I and inserting in lieu thereof the following:

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"toxic vapor to the extent that it is less safe for the person to drive;".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Balfour Blitch
Broun of 46th

James Johnson of 2nd Newbill

Scott Tanksley Walker (excused)

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

SB 564. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Ray of the 19th:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for deductions from money credited to the account of an inmate to repay the costs of destruction of public property by an inmate, searching for and apprehending an inmate who has escaped or attempted to escape, or quelling any riot or other disturbance in which an inmate is unlawfully involved.
The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment:
Amend SB 564 by adding on line 28 of page 1 between the word "criteria" and the word "for" the following:
"which provide due process to accused inmates".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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175

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Johnson of 2nd Starr

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.

SB 572. By Senators Thompson of the 33rd, Cheeks of the 23rd and Taylor of the 12th:
A bill to amend Title 28 of the Official Code of Georgia annotated, relating to the General Assembly, so as to provide for the creation of the Georgia Transporta tion Oversight Committee; to provide for its composition and duties; to provide for legislative declarations; to provide for matters related to the foregoing; to provide an effective date.
The Senate Transportation Committee offered the following amendment:
Amend SB 572 by striking line 33 of page 2 and inserting in lieu thereof the following:
"own organization. In the event there is a duplication in the membership, the presiding officer will make the appointment.".
On the adoption of the amendment, the yeas were 1, nays 41, and the amendment was lost.
Senators Dean of the 31st, Starr of the 44th, Thompson of the 33rd and Cheeks of the 23rd offered the following amendment:
Amend SB 572 by striking lines 14 through 31 of page 2 and inserting in lieu thereof the following:
"shall be members of the Senate, to be appointed by the Lieutenant Governor, one of whom shall be designated cochairperson of the committee by the Lieutenant Governor. Four of such members shall be members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, one of whom shall be designated cochairperson of the committee by the Speaker of the House of Representatives. Either cochairperson may call meetings of the committee. The members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. Other than the cochairpersons provided for".

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On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to, as amended.
On the passage of the bill, a roll call was taken, and the vote as follows:

Those voting in the affirmative were Senators:

Abernathy Bowen Brown of 26th Burton Cheeks Dean Farrow Gillis Harbison Henson

Hooks James Kemp Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ray Scott Slotin Starr Stokes Thomas Thompson Turner

Those voting in the negative were Senators:

Balfour Black Boshears Cagle Clay Crotts Day

Edge Egan Glanton Gochenour Griffin Guhl Hill

Johnson of 1st Lamutt Land McGuire Newbill Tanksley Tysinger

Those not voting were Senators:

Blitch Broun of 46th

Johnson of 2nd Ralston

Taylor Walker (excused)

On the passage of the bill, the yeas were 29, nays 21.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Thompson of the 33rd moved that SB 572 be immediately transmitted to the House.
On the motion, the yeas were 31, nays 7, and SB 572 was immediately transmitted to the House.

SB 529. By Senator Gillis of the 20th:

A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flota tion devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad; to provide for and effective date and auto matic repeal.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch

Boshears Bowen Broun of 46th
Brown of 26th

Burton Cagle Cheeks
Clay

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177

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

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

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

Not voting were Senators Taylor and Walker (excused).

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Pollard of the 24th moved that the following bill be committed to the Insur ance and Labor Committee:

SB 561. By Senators Madden of the 47th, Ray of the 19th, Walker of the 22nd and Taylor of the 12th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to provide defini tions; to provide for access to accident and sickness insurance plans for small employers and self-employed individuals; to provide for applicability; to require certain disclosures in the offering or sale of small employer health benefit plans.
On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 561 was com mitted to the Insurance and Labor Committee.

SB 563. By Senators Taylor of the 12th, Thompson of the 33rd, Langford of the 29th and Gochenour of the 27th:

A bill to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to proof of insurance required for motor vehicles, so as to provide for satisfactory proof of insurance for certain recently acquired vehicles.

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

Those voting in the affirmative were Senators:

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

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

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

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McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin

Those not voting were Senators:

Starr Taylor

Turner Walker (excused)

Stokes Tanksley Thomas Thompson Tysinger

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

SB 590. By Senators Middleton of the 50th, Turner of the 8th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that it shall be un lawful for any person to operate a moving vessel with a child under a certain age aboard unless the child is wearing a personal flotation device; to provide for an exception.

The Senate Natural Resources Committee offered the following substitute to SB 590:

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that it shall be unlawful for any person to operate a moving vessel with a child under a certain age aboard unless the child is wearing a personal flotation device; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," is amended by striking subsection (d) of Code Section 52-7-8, relating to classification of vessels and required equipment of vessels, and inserting in its place a new subsection to read as follows:
"(d) Lifesaving devices.
(1) Every vessel shall be equipped with the following number and type of personal flotation devices:
(A) Every Class A vessel shall carry aboard, at all times, at least one Type I, II, III, IV, or V (hybrid) personal flotation device for each person on board; provided, how ever, Type V (hybrid) devices are acceptable only when worn and securely fastened;
(B) Every Class 1, 2, and 3 vessel shall carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fast ened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsection (a) of Code Section 50-7$:2 52-7-8.2, must at all times be equipped with at least one Type IV (throwable) device.
(2) No person may use a vessel upon the waters of this state unless the personal flota tion devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with

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179

the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provi sions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps.
(3) No person shall operate a moving vessel upon the waters of this state with a child under age ten on board such vessel unless the child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel."

SECTION 2.

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

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators Taylor and Walker (excused).

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SR 426. By Senator James of the 35th:
A resolution urging the governing authority of each political subdivision of this state which is a 1996 Olympic venue to develop and implement a comprehensive recycling plan to be in effect during the period of the Olympic games.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
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 Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Gochenour

Taylor

Walker (excused)

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs. Senate Sponsor: Senator Madden of the 47th.
The Senate Health and Human Services Committee offered the following substitute to HB 342:
A BILL To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to require that records by maintained regarding dangerous drugs; to require labeled original containers for controlled substances and dangerous drugs; to change certain penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following:

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181

"(YY) Aminorex;", and striking from paragraph (5) thereof the following:
"Gamma hydroxybutyric acid (gamma hydroxy butytrate); and", and inserting in its place the following:
"gamma hydroxybutyric acid (gamma hydroxy butyrate); and".
SECTION 2.
Said chapter is further amended by adding at the end of Code Section 16-13-27, relating to Schedule III controlled substances, the following paragraph:
"(7) Butorphanol."
SECTION 3.
Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(13.1) Acyclovir; (31.1) Amiloride-hydrochloride; (120) Butorphanol; (153.8) Ceftriaxone sodium; (192.1) Cilastatin sodium; (193) Cimetidine; (270.5) Diclofenac sodium; (311.1) Disibind; (379) Etidronate disodium diphosphonate; (395) Fluoride; (395.4) Fluoxetine; (395.7) Fluriprofen; (396) Flurometholone; (470.1) Indium IN III oxyquinolone; (509.15) Ketoprofen; (509.2) Labetolol sodium; (530) Loxapine; (550.5) Mefloguine HCL; (637) Naphazoline; (638) Naproxen; (651) Reserved; (668.5) Oxiconazole nitrate; (704.1) Permethrin; (841) Ritodrine; (855.7) Sertralline; (886) Spironolactone; (887) Reserved; (931.9) Terazosin HCL; (944) Reserved; (1042.1) Zomepirac sodium;".

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SECTION 4.
Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(13.3) Acrivastine; (13.5) Acyclovir; (19.6) Alendronate; (31.1) Amiloride; (68.15) Atovaquone; (115.3) Budesonide; (115.5) Bumetanide; (116.5) Buspirone; (120) Reserved; (124.3) Calcifediol; (124.7) Calcipotriene; (151.5) Cefepime; (153.8) Ceftriaxone; (166.5) Chlorhexidine; (191.5) Chymopapain; (192.1) Cilastatin; (193) Cimetidine - See exceptions; (201.5) Clomipramine; (234.5) Cysteamine; (237.5) Dalteparin; (270.5) Diclofenac; (311.3) Dirithromycin; (311.5) Disibind; (314.5) Divalproex; (317.3) Dornase Alpha; (317.4) Dorzolamide; (330.5) Edetate; (361.5) Ethinamate; (379) Etidronate; (381.1) Famciclovir; (381.2) Famotidine - See exceptions; (381.7) Fenofibrate; (395) Fluorescein; (396) Fluoride; (396.5) Fluorometholone; (399.5) Fluoxymesterone; (402.2) Flurbiprofen; (402.8) Fluvastatin; (402.9) Fluvoxamine;

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183

(420.5) Glycine; (430.5) Granisetron; (432.9) Guanidine; (465) Imiglucerase; (470.1) Indium IN-III oxyquinolone; (470.3) Indium IN-III pentetreotide; (475.5) lobenguane; (489.1) lopromide; (489.5) lotrolan; (491.5) Ipratropium; (509.15) Ketoprofen - See exceptions; (509.2) Labetalol; (511.5) Lamotrigine; (512.5) Lansoprazole; (516.5) Levocabastine; (517.4) Levonordefrin; (528.3) Lodoxamide; (529.95) Losartan; (530) Lovastatin; (530.5) Loxapine; (550.5) Mefloguine; (567.2) Mersalyl; (572.5) Metformin; (612.5) Metrizoate; (623.5) Mometazone; (626.5) Mupirocin; (627.5) Mycophenolate; (634.5) Nalmefene; (637) Naphazoline - See exceptions; (638) Naproxen - See exceptions; (638.7) Nefazodone; (644.7) Nisoldipine; (651) Norepinephrine; (666.6) Oxamniquine; (668.5) Oxiconazole; (692.5) Pegaspargase; (701.5) Pentetate calcium trisodium; (704) Perindopril; (704.1) Permethrin - See exceptions; (841) Reserved; (842.4) Rimatadine; (842.7) Rimexolone;

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(843.3) Risperidone; (843.7) Ritodrine; (844.5) Rocuronium; (850.5) Salmeterol; (855.7) Sertraline; (855.8) Sevoflurane; (886) Spirapril; (887) Spironolactone; (890.5) Stavudine; (930.7) Tacrolimus; (931.9) Terazosin; (944) Thallous chloride; (967.3) Tioconazole; (973.7) Tramadol (995.5) Trimetrexate; (1021.7) Valacyclovir; (1027.6) Venlafaxine; (1032.5) Vinorelbine;".
SECTION 5.
Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(18) Pheniramine - where the oral dose is 25 mg. or less;", and adding in the appropriate positions in that subsection (c) the following paragraphs:
"(7.1) Cimetidine - when a single dosage unit is 100 mg or less; (9.5) Famotidine - when a single dosage unit is 10 mg or less; (12.5) Ketoprofen - when a single dosage unit is 12.5 mg or less; (14.3) Naphazloine - when used in an ophthalmic solution in a concentration of 0.027 percent or less in combination with a pheniramine concentration of 0.315 percent or less; (14.5) Naproxen - where a single dosage unit is 220 mg. or less; (17.3) Permethrin - when used as a topical preparation in a strength of 1 percent or less; (18) Pheniramine - when the oral dose is 25 mg. or less, or when used in an ophthalmic solution in a concentration of 0.315 percent or less in combination with a naphazoline concentration of 0.027 percent or less;".
SECTION 6.
Said chapter is further amended by striking the period and inserting "or"; and" at the end of paragraph (5) of Code Section 16-13-72, relating to conditions for certain transactions in dangerous drugs, and inserting immediately thereafter a new paragraph to read as follows:
"(6) Such person, firm, corporation, or association shall keep a complete and accurate record of all dangerous drugs received, purchased, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records for at least two years or in conformance with any other state or federal law or rule issued by the Georgia State Board of Pharmacy."

MONDAY, JANUARY 29, 1996

185

SECTION 7.
Said chapter is further amended by striking Code Section 16-13-75, requiring drugs to be kept in original containers, and inserting in its place the following:
"16-13-75.
Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section Sections 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the ptihoanrm26a-c3i-s8t."or the practitioner of the healing arts --an--d--a--re--l--ab--e--le--d--a--cc--o--rd--in--g--t--o --C--od--e--S--ec--

SECTION 8.

Said chapter is further amended by striking Code Section 16-13-79, relating to violations, and inserting in its place the following:
"16-13-79.
(a) Except as provided in subsections (b), (c), and (d) of this Code section, any Any person who violates this article shall be guilty of a misdemeanor.
(b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or EotE
(c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment pre scribed by the order of a licensed medical practitioner, except as provided for by para graph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a tine not to exceed $10,000.00 or both.
(d) Any person who obtains carisoprodol by fraud, theft, deceit, misrepresentation, sub terfuge, forgery or alteration of a prescription or written order, concealment or a material fact, or the use of a false name shall be guilty of a felony and punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both.''

SECTION 9.

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

SECTION 10.

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

Abernathy Balfour Black Boshears Bowen

Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Edge

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Egan Farrow Gillis
Glanton Griffin Guhl
Harbison Henson Hill Hooks James
Johnson of 2nd

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

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

Voting in the negative was Senator Thomas.

Those not voting were Senators:

Blitch Gochenour

Taylor Walker (excused)

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

HB 1159. By Representatives Carter of the 166th, Smith of the 174th, DeLoach of the 172nd and others:

A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net.
Senate Sponsor: Senator Gillis of the 20th.

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

Those voting in the affirmative were Senators:

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

Farrow
Gillis Glanton Guhl
Harbison Henson Hooks James Johnson of 1st
Lamutt Land Langford Madden Middleton

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

Those voting in the negative were Senators:

Cheeks Crotts Gochenour

Griffin Hill Kemp

Marable McGuire Thomas

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187

Those not voting were Senators:

Blitch Johnson of 2nd

Stokes Taylor

Walker (excused)

On the passage of the bill, the yeas were 42, nays 9.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 3:02 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, January 30, 1996 Twelfth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1450. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend an Act creating the Cherokee County Parks and Recreation Au thority, so as to change certain provisions regarding the selection of the secreta ry and treasurer.
HB 1168. By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is commit ted by proscribed conduct in jails and penal and correctional institutions.
HB 1211. By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that volunta ry pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy.
The following bills were introduced, read the first time and referred to committees:
SB 647. By Senator Taylor of the 12th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for a point-ofservice option for certain persons offered health care coverage through a health maintenance organization.
Referred to Committee on Insurance and Labor.
SB 648. By Senators Marable of the 52nd, Dean of the 31st, Edge of the 28th and Ray of the 19th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewerage and water disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.
Referred to Committee on Natural Resources.

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189

SB 649. By Senator Clay of the 37th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Department of Natural Resources of a program for the acquisition, preservation, maintenance, and op eration of Civil War historic sites; to provide for the funding of such program.
Referred to Committee on Natural Resources.
SB 650. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County; to provide for relat ed matters; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 651. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 652. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for relat ed matters; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 653. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for relat ed matters; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 654. By Senator Oliver of the 42nd:
A bill to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to add a definition; to allow the State Children's Trust Fund Commission to accept applications for and ap prove disbursement of funds for family resource programs and facilities connect ed with family resource programs.
Referred to Committee on Judiciary.
SB 655. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A bill to amend Code Section 2-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the "Georgia Plant Food Act of 1989," so as to change the definition of the term "guaranteed analysis".
Referred to Committee on Agriculture.

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SR 478. By Senators Ray of the 19th, Starr of the 44th and Marable of the 52nd:
A resolution creating the Senate Poultry Feed and Transportation Study Com mittee.
Referred to Committee on Rules.
SR 484. By Senators Ralston of the 51st, Farrow of the 54th and Middleton of the 50th:
A resolution designating the Southern Highroads Scenic Highway.
Referred to Committee on Transportation. The following bills were read the first time and referred to committees:
HB 1168. By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th, Dobbs of the 92nd, Perry of the llth and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is commit ted by proscribed conduct in jails and penal and correctional institutions; and for other purposes.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1211. By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that volunta ry pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy.
Referred to Youth, Aging and Human Ecology Committee.
HB 1450. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to amend an Act creating the Cherokee County Parks and Recreation Au thority, so as to change certain provisions regarding the selection of the secreta ry and treasurer.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Education has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 324. Do pass by substitute.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

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191

Mr. President: The Committee on Higher Education has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 641. Do pass.
Respectfully submitted, Senator Hill of the 4th District, Chairman

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

SB 597. Do pass as amended.

HB 779. Do pass.

Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President:

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

HB 1042. Do pass.

SB 416. Do pass.

HB 1170. Do pass.

SB 556. Do pass.

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

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

SB 622. Do pass.

HB 1373. Do pass.

HB 1333. Do pass.

HB 1376. 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 Burton Cagle Cheeks Clay Crotts

Day Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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Newbill Oliver Pollard Ragan Ralston

Ray Scott Slotin Starr Stokes

Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy Brown of 26th Edge

Farrow Johnson of 2nd Perdue

Tanksley Thompson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Johnson of the 1st introduced the chaplain of the day, Reverend Allan Bosson, pastor of Southside Baptist Church, Savannah, Georgia, who offered scripture reading and prayer.
Senator Broun of the 46th introduced Robin Fech, commended by SR 407, adopted previously, who addressed the Senate briefly.
Senator Abernathy of the 38th introduced the doctor of the day, Dr. Harrison Rogers of Atlanta.
The following resolution was read and adopted:

SR 477. By Senator Boshears of the 6th: A resolution commending Linda Herrin and Kay Godwin.

Senator Boshears of the 6th introduced Linda Herrin and Kay Godwin, who addressed the Senate briefly.
Senator Johnson of the 1st introduced members of the Georgia Historical Society, com mended by SR 401, adopted previously.
The following resolution was read and adopted:

SR 488. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion.
Senator Ragan of the llth introduced Wayne Dollar of the Georgia Farm Bureau, who addressed the Senate briefly.
The following resolutions were read and adopted:

SR 485. By Senators Oliver of the 42nd and Egan of the 40th: A resolution commending Dr. John C. Reiser.

SR 486. By Senator Madden of the 47th: A resolution honoring Mrs. Jennie V. Williams.

SR 489. By Senator Newbill of the 56th: A resolution offering condolences on the passing of Don White.

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193

Senator Griffin of the 25th filed the following statement with the Secretary of the Senate:
In the January 19, 1996, edition the Georgia Times reported the following public com ments by Mr. Joe Tanner, the head of Governor Miller's Privatization Commission, regard ing the commission's efforts to change the way state government does business:
"Legislators are reacting in one of three ways: supportive, questioning or downright opposing privatization."
Referring to the opposition to privatizing the War Veterans Nursing Home he commented:
"I think we will win that but we will have a battle over that because there is a senator who really believes that one of the purposes of government is to be an employment agency." Tanner added that:
"Georgia fortunately has a very strong executive branch and we can do most of what needs to be done without having to go to the Legislature and seek individual approval on each item. On the other hand, I think we have a responsibility to the Legislature and I think we have to try to keep them informed and give them an opportunity to make input."
I have requested this opportunity to speak to the Georgia Senate and to have my re marks recorded in the Senate Journal because I am appalled at the arrogance indicated by the head of the Governor's special commission on privatization.
The Georgia Constitution provides for three separate branches of state government: the legislative, executive, and judicial. In accordance with the separation of powers princi ple, the legislative branch is vested with the lawmaking power. The legislative power is a very significant and broad power that sets the course, the policy, and the direction of state government. This power is not exercised in a political vacuum but rather is exercised with deliberation that includes attention and consideration of the ideas and leadership provided by the executive branch--the Governor. Thus, major changes in the course of state govern ment necessitate a balance between the legislature and the executive such that ideas are heard, considered, and respected.
It is the lack of respect so very evident in the above referenced comments from a nonelected state official that disturbs me and that I find offensive. Arrogance is a most un fortunate behavioral characteristic for it leads to a reckless disregard of others: your super iors, your peers, and those whom you are trusted to serve. The consequences for state government are that such arrogance creates a tumultuous atmosphere that is not condu cive to deliberation and balance.
Arrogance has no place in the policymaking process of state government. It should not be tolerated by the Georgia Senate and it will not be tolerated by this Senator. I don't think I am alone among my colleagues who have been elected by the people to help guide the policies and procedures of this state through the legislative process.
Senator Hill of the 4th moved that Senator Perdue of the 18th be excused from the Senate due to personal business. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Perdue was excused.
Senator Griffin of the 25th moved that Senator Brown of the 26th be excused from the Senate due to personal business. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Brown was excused.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR
Tuesday, January 30, 1996 TWELFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 622 Johnson, 1st Johnson, 2nd City of Savannah and Chatham County
Amend an Act relating to the Board of Public Education so as to change the provisions relating to the compensation of the members and chairperson of said board.

HB 1333 Blitch, 7th Berrien County
To amend an Act creating a board of commissioners, so as to change the compen sation of the members of the board of commissioners.

HB 1373 Gillis, 20th Brown, 26th City of Ivey
To amend an Act providing for a new charter, so as to change the powers of the judge of the municipal court.

HB 1376 Blitch, 7th City of Woodbine

To provide a new charter for the City of Woodbine.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Henson
Hill Hooks
James
Johnson of 1st Lamutt
Land Langford Madden Marable
McGuire Middleton

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

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195

Those not voting were Senators:

Brown of 26th (excused) Kemp

Johnson of 2nd

Perdue (excused)

On the passage of the local bills, the yeas were 52, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
The following statement was filed with the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
January 30, 1996

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, GA 30334

Dear Mr. Eldridge:
Please accept this letter as my request to be marked present for the vote on Local Bills. I was in my seat and inadvertently did not mash the green button to indicate my vote. Thank you.
Sincerely, /a/ Rene' D. Kemp
District 3

SENATE CALENDAR
Tuesday, January 30, 1996 TWELFTH LEGISLATIVE DAY

SB 67 District Attorney's Retirement--certain spousal benefits (Substitute) (Ret--54th)
SB 118 DUI--provide zero tolerance for those under 21 years of age (S Judy--18th)
SB 163 Firemen's Pension Fund Member--membership in Peace Officers' Fund (Substi tute) (Ret--24th)
SB 225 Retired District Attorneys--criminal law practice (Ret--3rd)
SB 304 Macon Water Commissioners Pension Plan--increase certain benefits (Ret--26th)
SB 348 Parental Power--grounds for losing (Judy--51st)
SB 403 Notaries Public--bonds (Substitute) (S Judy--31st)
SB 500 Water Pollution Control--certain sewer system violations civil penalty (Substi tute) (Nat R--29th)
SB 505 Driver's License--no learner's permit required certain students (Pub Saf--55th)
SB 510 Handicapped--Technology Related Assistance Trust Fund (Amendment) (H&HS--llth)

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SB 515 Driver's License--extension of certain permits issued for 15 year olds (Amend ment) (Pub Saf--26th)
SB 530 Hunting--unlawful while intoxicated (Substitute) (Nat R--20th)
SB 532 Guardian of Incapacitated--affidavits of physicians, psychologists (Substitute) (S Judy--6th)
SB 534 Attempted Suicide--nonconsensual custody, transport, medical treatment (Sub stitute) (S Judy--6th)
SB 544 Driver's License Deposit in Lieu of Bail--change to driver's license display (Amendment) (Judy--29th)
SB 554 Lead Poisoning Prevention--certain duties of environmental protection division (Amendment) (Nat R--55th)
SB 565 Controlled Substances--change listing (S Judy--47th)
SB 568 DUI--penalties, chemical tests, driver's license (Substitute) (Judy--12th)
SB 583 Seed Laws--rewrite (Ag--llth)
SB 586 Outdoor Advertising--depiction of obscene material prohibited (Pub Saf--13th)
SB 588 Music Hall of Fame Authority--general powers (EDT&CA--31st)
SB 604 Boat Operation--certain restrictions not apply at certain events (EDT&CA--1st)
SB 623 State Patrol--create Auxiliary Service in Uniform Division (Pub Saf--19th)
SB 628 Court--connected Alternative Dispute Resolution Act (Amendment) (Judy--42nd)
SR 391 CA: Technology Related Assistance Trust Fund for Disabled--General Assembly provide (H&HS--llth)
HB 148 Intergovernmental Solid Waste Coordinating Council; create (Substitute) (Nat R--47th) Dobbs--92nd
HB 280 Nursing home administrator; provisional license (Amendment) (H&HS--10th) Childers--13th
HB 588 Teachers Retirement; creditable service; pregnancy absence (Ret--10th) Cummings--27th
HB 679 Employees' Retirement; creditable service; certain former teachers (Ret--18th) Buck--135th
HB 691 Teachers Retirement; 55 years of age (Ret--23rd) Dobbs--92nd
HB 743 Trial Judges and Solicitors Retirement; spousal benefits (Ret--44th) Cummings--27th
HB 773 Sheriffs' Retirement; increase monthly benefit (Ret--3rd) Buck--135th
HB 782 Trial Judges and Solicitors Retirement; delete certain reference (Ret--23rd) Connell--115th

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197

HB 845 Judges of the Probate Courts Retirement; benefits calculation (Ret--10th) Jenkins--110th
HB 896 Judges of Probate Court Retirement; secretary-treasurer's benefit (Ret--10th) Jenkins--110th
HB 958 Peace Officers' Annuity and Benefit; disability benefits; cessation (Ret--44th) Twiggs--8th
HB 977 Teachers Retirement; break in service; reinstatement (Ret--23rd) Cummings--27th
HB 978 Teachers Retirement; certain early childhood development program; credit (Ret--31st) Smith--169th
HB 1012 Employees' Retirement; prior service for certain inspection service; credit (Ret--44th) Greene--158th
HB 1015 Judges of the Probate Courts Retirement; spouse's option (Ret--10th) Jenkins--110th
HB 1047 Peace Officers' Annuity and Benefit; employ less than 40 hours per week (Ret--34th) Cummings--27th
HB 1070 Employees' Retirement; certain former county employees; time for obtaining credit (Ret--36th) Cummings--27th
The following general bills were read the third time and put upon their passage:
SB 67. By Senator Farrow of the 54th:
A bill to amend Code Section 47-13-72 of the O.C.G.A., relating to spouses' bene fit coverage under the District Attorneys' Retirement System, so as to provide that members of such retirement system may elect such benefits for a spouse who became a spouse while such member was a member by making such elec tion prior to December 31, 1996, or six months subsequent to such marriage, whichever date is later.
The following Fiscal Notes, as required by law were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 15, 1994
The Honorable Stephen Farrow, Chairman Senate Ethics Committee Legislative Office Building, Room 313B Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 67 (LC 21 2886) District Attorneys' Retirement System
Dear Senator Farrow:
This bill would provide that members of the District Attorneys' Retirement System who rejected spouses' benefits coverage because the member was unmarried at the time of the rejection or because the members' spouse died or the member ceased to be married shall

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have the option to elect spouses' benefits prior to December 31, 1996 or within six months after becoming married or remarried which ever date is latter. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor
The Wyatt Company Suite 432
4170 Ashford-Dunwoody Road, N.E. Atlanta, GA 30319-1466 December 5, 1995
Honorable Claude L. Vickers State Auditor Department of Audits, Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400
Attention: Michael A. Plant Re: Senate Bill 67 (LC 21 3541S)
Dear Mr. Vickers:
As requested, we have reexamined the above-referenced proposed legislative bill. This bill would remove the option to elect spouse's benefits after December 31, 1996 under the Dis trict Attorneys' Retirement System. We previously sent you a letter regarding this matter on September 15, 1995. We have determined that this bill would have no cost impact under Code Section 47-20-36. If you have any questions, please let us know.
Sincerely, /s/ Laury S. Sikes, A.S.A.
Associate Actuary /s/ Bonnie B. Seals, F.S.A.
Actuary
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 8, 1995
Honorable Don Cheeks, Chairman Retirement Committee State Senate Legislative Office Building, Room 303-A Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation Senate Bill 67 (LC 21 3541s) District Attorneys' Retirement System
Dear Senator Cheeks:
This bill would provide that certain members of the District Attorneys' Retirement System of Georgia who previously rejected spouses' benefits shall have the option to elect spouses' benefits prior to December 31, 1996 or within six months after becoming married or remarried, whichever date is later.

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199

This proposed legislation would change the deadline for electing spouse's benefits upon remarriage. This change would not result in any additional cost to the District Attorneys' Retirement System.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer
contribuiton which is necessary to maintain the retirement system in an actuarially sound conditon.

$ N/A* $ N/A*
N/A* $____0
(2.72%) (2.72%)
$_____0

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

The Senate Committee on Retirement offered the following substitute to SB 67:

A BILL
To be entitled an Act to amend Code Section 47-13-72 of the Official Code of Georgia Anno tated, relating to spouses' benefit coverage under the District Attorneys' Retirement Sys tem, so as to provide that members of such retirement system may elect such benefits for a spouse who became a spouse while such member was a member by making such election prior to December 31,1996, or six months subsequent to such marriage, whichever date is later; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 47-13-72 of the Official Code of Georgia Annotated, relating to spouses' bene fit coverage under the District Attorneys' Retirement System, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) Any member of the retirement system who rejects spouses' benefits coverage or who ceases such coverage pursuant to subsection (f) of this Code section because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married shall have the option to elect spouses' bene fits prior to December 31, 1996, or within 60 days six months after becoming married or remarried, as the case may be, whichever date is later. The member shall, at the time of making the election, pay to the board of trustees the total amount of contributions which

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would have been made from the month of the marriage or remarriage to the date of the election. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years, including any period for which retroac tive payments are made, in order for such member's spouse to quality for the spouses' benefits provided for by this Code section."

SECTION 2.

This Act shall become effective on July 1,1996, only if it is determined to have been concur rently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Brown of 26th (excused) Johnson of 2nd

Cagle

McGuire

Perdue (excused) Walker

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

TUESDAY, JANUARY 30, 1996

201

SB 163. By Senator Pollard of the 24th:
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Annotated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a member of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligi ble for membership.
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 18, 1995
The Honorable Jake Pollard, Chairman Senate Insurance and Labor Committee State Capitol, Room 42 IB Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 163 (LC 21 3076) Georgia Firemen's Pension Fund Peace Officers' Annuity and Benefit Fund
Dear Chairman Pollard:
This bill would allow anyone who became a member of the Georgia Firemen's Pension Fund before April 1, 1989, to also become a member of the Peace Officers' Annuity and Benefit Fund. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor
The Senate Retirement Committee offered the following substitute to SB 163:
A BILL
To be entitled an Act to amend Code Section 47-7-83 of the Official Code of Georgia Anno tated, relating to service credit of a member in the Georgia Firemen's Pension Fund who is also a member of the Peace Officers' Annuity and Benefit Fund, so as to provide that cer tain such persons shall not receive credit for service under the Georgia Firemen's Pension Fund; to provide for creditable service in such fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-7-83 of the Official Code of Georgia Annotated, relating to service credit of a member in the Georgia Firemen's Pension Fund who is also a member of the Peace Of ficers' Annuity and Benefit Fund, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:

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"(b)(l) Any After July 1, 1993, a member who first became a member of the fund on or after July 1, 1993, and who is also a member of the Peace Officers' Annuity and Benefit Fund shall not be eligible for creditable service in the fund for any period after that date with respect to which such member is also entitled to any creditable service in the Peace Officers' Annuity and Benefit Fund.
(2) Any person who was a member of the fund on July 1, 1993, and who subsequent to that date was placed on a leave of absence from the fund by action of the board of trust ees and who from that date to July 1, 1996, was continuously employed as a nrenghter or who was continuously enrolled as a volunteer nretighter may, upon again becoming a regular, active member of the fund, obtain creditable service for 36 months of service by paying the regular dues which would have been made for each month of service if such leave of absence had not been imposed, provided that such member otherwise satisfied the requirements for creditable service during such period. Such payment must be made to the board of trustees not later than December 31, 1996."
SECTION 2.
This Act shall become effective on July 1,1996, only if it is determined to have been concur rently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

Honorable Don Cheeks, Chairman Retirement Committee State Senate Legislative Office Building Room 303-A Atlanta, Georgia 30334

Dear Senator Cheeks:

In accordance with the Public Retirement Systems Standards Law, actuarial investi gations have been completed for the following Senate bills:

SB 163 (LC 21 3542S)

SB 186 (LC 21 2981)

SB 304 (LC 21 2966)

Enclosed please find copies of the State Auditor's summary and the actuarial investi gations for each bill listed above.

In addition, your original request asked for actuarial investigations of the following three bills. For the reasons outlined below, completed investigations for these bills are not
enclosed.

SB 67 (LC 21 3541S)

The original investigation was returned to the actuary for additonal work. A revised investigation has not been
submitted.

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203

SB 225 (LC 22 1425) SB 435 (LC 21 3523s)

The orginal investigation was returned to the actuary for additional work. A revised investigation has not been submitted. The actuarial investigations for this bill have not been completed by all actuaries.

The actuarial investigations for these bills will be immediately forwarded to you as soon as they are received from the actuary.

Please contact me or Michael Plant at (404) 656-2006 if you have any questions or if our office can be of further assistance.

Sincerely,

/si Claude L. Vickers State Auditor

Honorable Claude L. Vickers, State Auditor Depart of Audits,
254 Washington Street, Room 214 Atlanta, Georgia 30334
SB No. 163 (LC 21 3542S)
1. Actuarial investigation following Department of Audits general format. 2. RE: Actuarial investigation of SB No. 163 (LC 21 3542S): 3. As requested, we have made an actuarial investigation of the impact of SB No. 163 (LC
21 3542S) on the Georgia Firemen's Pension Fund in accordance with the requirements of Code Section 47-20-36. 4. This bill restores eligibility for future credited service for a member of the Georgia Fire men's Pension Fund who first became a member before July 1, 1993, but who has not been receiving credited service because the member was earning credited service under the Peace, Officers Annuity and Benefit Fund. It also enables any person who was a member of the fund as of July 1,1993, who was put on leave of absence from the fund by the Board, but who continued to be employed as a firefighter or enrolled as a voluntary firefighter, to again become eligible to become a regular active member of the fund and obtain creditable past service (up to 36 months) by paying the dues that would have been made for each month of service of such leave. 5. The cost of this proposed legislation would be $24,000 in the first year. The increase in unfunded actuarial accrued liability would be $60,000. The increase in the unfunded actuarial accrued liability is amortized over twenty years. See item 7 for analysis. 6. The following table reflects the unfunded actuarial accrued liability and minimum fund ing standards before and after the proposed legislation. The projected minimum fund ing standards are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ Thousands. 7. Concluding Remarks: SB No. 163 is a fiscal bill because it provides increased retirement benefits. The cost of the bill for the first year is $24,000. The cost is relatively low because only approximately eighteen firefighters would be eligible to benefit from the bill. Since actual contributions have exceeded prior minimum funding standards, the fund has a cumulative excess of contributions over minimum required contributions, adjusted for interest of $23,353,000 as of the latest valuation (April 1, 1993). Even though the expected dues and tax revenues are less than what the minimum funding standards would require (if the cumulative excess is ignored), we project that fund will maintain a positive cumulative balance after the addition of these benefit improve ments. The minimum required contribution will be decreasing in the future as previous past service costs are fully amortized. We are projecting a 3% increase in tax revenues to the fund annually. The combination of a decreasing minimum required contribution, increasing actual revenues, and a positive cumulative excess allows the fund to support these benefit improvements without jeopardizing the minimum funding requirements. Thus, no additional funding is necessary to support this bill.

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8. The person preparing the actuarial investigation of SB 163 (LC 21 3542S) at Alexander & Alexander Consulting Group is Mr. Kerry N. Schmidt, F.S.A., Principal:

/s/

Kerry N. Schmidt

Signature

Sept 15, 1995 Date

All values measured as of April 1, 1993

Before Legislation*
(in OOO's)

After Legislation (in OOO's)

Increase Due to Legislation (in OOO's)

Accrued Liability

224,287

224,347

60

Actuarial Value of Assets

171,852

171,852

--

Unfunded Actuarial Accrued Liability

52,435

52,495

60

Total Service Cost

6,059

6,079

20

Contribution to the Fund

9,453

9,453

--

Adjusted for benefit improvements granted and new entrants through August 1995

Projected Minimum Funding Standards Total Service Cost Past Service Amortization Expected Member Dues Interest on Cumulative Excess of
prior year contributions over minimum requirements Projected Minimum Funding Standards Expected Taxes Collected Excess (Shortfall) of one year of taxes collected over minimum required contribution

Before Legislation (in OOO's)
6,059 7,056 (1,207)
(1,379)
10,529 9,453
(1,076)

After Legislation (in OOO's)
6,079 7,060 (1,207)
(1,379)
10,553 9,453
(1,100)

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

Increase Due to Legislation (in OOO's) 20 4
24
(24)

Honorable Don Cheeks, Chairman Retirement Committee State Senate Legislative Office Building, Room 303-A Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Senate Bill 163 (LC 21 3542S) Georgia Firemen's Pension Fund

Dear Senator Cheeks:
This bill provides that certain members of the Georgia Firemen's Pension Fund who are also members of the Peace Officers' Annuity and Benefit Fund of Georgia shall not receive credit for service under the Georgia Firemen's Pension Fund. This bill also pro vides that certain members of Georgia Firemen's Pension Fund who were placed on a leave of absence by the board of trustees may obtain creditable service for 36 months of service upon payment of the required dues.

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205

The cost of this proposed legislation would be $24,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes $4,000 each year for the next 20 years to amortize the unfunded actuarial accrued liability and $20,000 each year to fund the normal cost. However, since the Fund is currently in a well-funded posi tion, the employer contribution would remain at $0 if this was the only bill affecting the Fund to pass. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation. Any future costs associated with this bill would be paid through the 1% tax on gross premiums issued by fire insurance companies in Georgia.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with
minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer
contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 60,000
$ 4,000
_____20 $ 20,000 1% tax on premiums 1% tax on premiums
$____0^

* Although this bill would increase the cost to the Fund by $24,000 in the first year, the employer contribution would not increase since the cumulative excess is sufficient to cover the cost of this bill provided, however, this was the only bill affecting the Georgia Firemen's Pension Fund to pass. If other bills affecting the Fund are passed into law, the aggregate effect of all bills passed must be analyzed to determine if current employer contributions are sufficient.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

Broun of 46th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis

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Glanton Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators: Brown of 26th (excused) Griffin

Johnson of 2nd

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

SB 225. By Senators Kemp of the 3rd, Boshears of the 6th, Blitch of the 7th and others:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the District Attorneys' Retirement System, so as to repeal a prohibi tion against the private practice of criminal law by a district attorney who re tires under said chapter; to provide an effective date and conditions for automat ic repeal.

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 Rene Kemp State Senator Legislative Office Building, Room 327A Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 225 (LC 22 1425) District Attorneys' Retirement System
Dear Senator Kemp:
This bill would allow any district attorney who is receiving retirement or disability benefits from the District Attorneys' Retirement System to engage in the private practice of crimi nal law and still receive benefits. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

TUESDAY, JANUARY 30, 1996

207

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators: Brown of 26th (excused) Johnson of 2nd

Langford

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

SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water CommissionersPension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to provide conditions for an effective date and automatic repeal.
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 12, 1995

The Honorable Robert Brown
State Senator State Capitol, Room 109 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification Senate Bill 304 (LC 21 2966) Macon Water Commissioners-Pension Plan

Dear Senator Brown:
This bill would grant a 5 percent benefit increase to members of the Macon Water Commis sioners-Pension Plan who were retired prior to March 28, 1988, but after June 30, 1986. The increase will be paid on benefits received on and after April 1, 1994.

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

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour
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 James
Johnson of 1st Kemp Lamutt Land
Langford Madden Marable
McGuire Middleton Newbill

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

Those not voting were Senators: Brown of 26th (excused) Henson

Johnson of 2nd

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Middleton of the 50th moved that Senator Broun of the 46th be excused to attend the World Congress Center Board meeting. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Broun was excused.

SB 348. By Senator Ralston of the 51st:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power.

Senators Ralston of the 51st, Land of the 16th and Oliver of the 42nd offered the fol lowing substitute to SB 348:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power; to change the provisions relating to the discretion of the court relative to the custody of a child; to provide for the best interest and welfare of the child or children; to provide for a rebuttable presumption;

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209

to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding to Code Section 19-7-1, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, a new subsection (b.l) to read as follows:
"(b.l) Notwithstanding subsections (a) and (b) of this Code section or any other law to the contrary, in any action involving the custody of a child between the parents of such child or between the parents or either parent and a third party other than the State of Georgia, parental power may be lost by the parent, parents, or any other person if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to a third party is for the best interest of the child or children and will best promote their welfare and happiness. There shall be a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents of such child or children, but this presumption may be overcome by a showing that an award of custody to a third party is in the best interest of the child or children. The sole issue for determination in any such case shall be what is in the best interest of the child or children."

SECTION 2.

Said title is further amended by striking Code Section 19-9-2, relating to the right of a surviving parent to custody of a child and the discretion of the court, and inserting in lieu thereof a new Code Section 19-9-2 to read as follows:
"19-9-2.
Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare."

SECTION 3.

This Act shall become effective on July 1, 1996, and shall be applicable to any action involv ing the custody of a child filed on or after such date.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts

Day Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

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Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Ray Scott Slotin Starr Stokes Tanksley

Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Egan and Harbison.

Those not voting were Senators Broun of the 46th (excused) and Brown of the 26th (excused).

On the adoption of the substitute, the yeas were 52, nays 2, and the substitute was adopted.
Pursuant to Senate Rule 143 action on SB 348 was suspended and the bill was placed on the General Calendar.
At 12:33 P.M. the President announced that the Senate would stand in recess until 1:45 P.M.
The President called the Senate to order at 2:00 P.M.
The Calendar was resumed.

SB 403. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Henson of the 55th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to pro vide an exception.
The Senate Special Judiciary Committee offered the following substitute to SB 403:
A BILL
To be entitled an Act to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to authorize bonded notaries public; to change the provisions relating to qualifications of notaries; to change the provisions relat ing to application to be a notary; to require bonded notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to pro vide for the applicability of other laws relating to bonds of public officials; to provide for seals of office for bonded notaries public; to provide for fees for bonded notaries public; to provide for the powers, duties, and limitations of bonded notaries public; to provide for the applicability of certain laws applicable to notaries public; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by adding at the end of Code Section 45-17-2, relating to quali fications of notaries, a new subsection (c) to read as follows:

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211

"(c) An individual applying for appointment to be a notary public may apply to be a bonded notary public. In order to be a bonded notary public, such person shall be re quired to meet the qualifications of subsection (a) of this Code section and comply with the provisions of Code Sections 45-17-2.1 and 45-17-2.4."
SECTION 2.
Said article is further amended by striking in its entirety subsection (a) of Code Section 4517-2.1, relating to application to be a notary, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a.) Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the individual works or has a business. The applicant shall sign and swear or affirm as outlined in paragraph (2) of subsection (b) of this Code section to the truthfulness of the application which shall state:
(1) That the applicant resides or works or has a business in the county of application and the address of the residence or business;
(2) That the applicant is at least 18 years old;
(3) That the applicant can read and write the English language;
(4) All denials, revocations, suspensions, restrictions, or resignations of a notary com mission held by the applicant; and
(5) All criminal convictions of the applicant, including any plea of nolo contendere, except minor traffic violations; and
(6) Whether the applicant desires to be a bonded notary public."
SECTION 3.
Said article is further amended by adding between Code Sections 45-17-2.3 and 45-17-3 a new Code Section 45-17-2.4 to read as follows:
"45-17-2.4.
(a) With respect to a bonded notary public, no notarial commission shall become effective until the applicant takes the oath of office provided for in Code Section 45-17-3 and exe cutes bond in the amount of $10,000.00 for the faithful performance of his or her duties. Such bonds shall be filed with the clerk of the superior court in the county where the application is made. Such bond shall be signed by a surety or guaranty company author ized to do business in this state. One who is aggrieved by the official misconduct of a bonded notary public may sue on the notary public's bond. Except as otherwise provided in this subsection, such bonds shall be subject to all the provisions of Chapter 4 of this title in the same manner as bonds of other county officials; provided, however, that the approval, filing, recording, and certification of bonds by the judge of the probate court shall not apply to bonds of notaries public.
(b) Any notary public desiring to become a bonded notary public shall be required to execute the bond required in subsection (a) of this Code section and shall file such bond with the clerk of the superior court in the county where the notary public is commis sioned. Upon approval of said bond by the clerk of the superior court, the notary public shall be a bonded notary public and be governed by the provisions of subsection (a) of this Code section.
(c) A bonded notary public shall have all the powers, authority, and limitations applica ble to a notary public but shall be entitled to use a different seal and charge additional fees as authorized in this article and shall be subject to liability on the bond."

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SECTION 4.

Said article is further amended by striking in its entirety Code Section 45-17-6, relating to the seal of office, and inserting in lieu thereof a new Code Section 45-17-6 to read as follows:
"45-17-6.
(a)(l) For the authentication of his or her notarial acts each notary public must provide a seal of office, which seal shall have for its impression his or her name, the words 'Notary Public,' the name of the state, and the county of his or her residence; or it shall have for its impression his or her name and the words 'Notary Public, Georgia, State at Large.' Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words "Notary Public,' the name of the state, and the county of his or her appointment. The embossment of notarial certificates by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. An official notarial act must be documented by the notary's seal.
(2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the re quirement that the document contain a notary seal.
(3) Bonded notaries public shall provide a seal of office which shall have for its impres sion the notary's name, the words 'Bonded Notary Public,' the name of the state, and the county of his or her appointment.
(b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public or bonded notary public. It shall be unlaw ful for any person to order or obtain a notary public seal or bonded notary public seal unless such person is commissioned as a notary public~or bonded notary public, respectively."

SECTION 5.

Said article is further amended by adding at the end of Code Section 45-17-11, relating to fees of notaries, a new subsection (e) to read as follows:
"(e) A bonded notary public shall be authorized to charge for each service provided in subsection (a) of this Code section an additional amount of $1.00."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black
Boshears Bowen
Broun of 46th Burton

Cagle Cheeks
Clay Crotts
Day Dean

Edge Gillis
Glanton Gochenour
Griffin Guhl

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213

Harbison Henson Hooks James Johnson of 1st Kemp Lamutt Land Langford

Madden Marable McGuire Middleton Oliver Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Voting in the negative were Senators Farrow and Newbill.

Those not voting were Senators:

Abernathy Blitch Brown of 26th (excused)

Egan Hill Johnson of 2nd

Perdue Taylor Walker

On the passage of the bill, the yeas were 45, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 500. By Senators Langford of the 29th, Land of the 16th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and ground-water use, so as to provide that persons in violation of certain provisions relating to the opera tion of certain sewer systems shall be subject to certain civil penalties; to pro vide that persons in violation of certain provisions relating to the discharge of pollutants shall be subject to certain civil penalties.
The Senate Natural Resources Committee offered the following substitute to SB 500:
A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and ground-water use, so as to provide that persons in violation of certain provisions relating to the operation of certain sewer systems shall be subject to certain civil penalties; to provide that persons in violation of certain provisions relating to the discharge of pollutants shall be subject to certain civil penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and ground-water use, is amended by striking in its entirety Code Section 12-5-23.2, relating to the prohibited discharge of certain waste water, and inserting in lieu thereof the following:
"12-5-23.2.
Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from any such water pollution control plant on or after January 1, 1992, which contains more than 0.75 milligrams of phos phorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23; provided, however, that,

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notwithstanding the provisions of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order, but in no event shall compliance with the discharge limitation provided by this Code section be extended beyond July 4, 1996, and the order shall require that person to make his best efforts to achieve compliance with the discharge limitation by December 31, 1993. Any person who on or after July 4, 1996, is not in compliance with this Code section shall be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 125-53 until such person has been in compliance with this Code section for 365 consecutive days."
SECTION 2.
Said article is further amended by striking in its entirety subsection (c) of Code Section 125-29.1, relating to combined sewer overflows and related matters, and inserting in lieu thereof the following:
"(c)(l) The plan required by subsection (b) of this Code section shall include, as a minimum7 provision for realistic implementation of means to eliminate sewage overflow or effectuate treatment of overflow to meet or exceed such water quality standards in ac cordance with the following schedules:
(A)f) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall implement such plan so that construction is substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director not later than December 31, 1993; and
(BX8) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule:
(i)(A-) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and infor mation collected by the director;
CSO owners shall prepare approvable plans and specifications by October IT 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and
(iii)() The construction shall be substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995.
(2) Any person who fails to implement an approved plan by the dates provided in this subsection shall, after the applicable date and until such person implements an ap proved plan, be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding additional sewer connections to such combined sewer system after December 31, 19967
SECTION 3.
Said article is further amended by inserting at the end of Code Section 12-5-52, relating to civil penalties, the following:
"(c) In lieu of the penalties provided by subsection (a) of this Code section, any person who discharges waste water into the Chattahoochee River and is in violation of Code Section 12-5-23.2 or subsection (c) of Code Section 12-5-29.1 shall pay a civil penalty in the amount of $100,000.00 per day for such violation. The director shall make the deter mination whether or not a person is in violation of such provisions. No extenuating cir cumstances shall be considered and the director shall have no discretion as to the payment of the civil penalties provided for in this subsection."

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215

SECTION 4.

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

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Natural Resources Committee substitute to SB 500 by striking lines 12 through 14 on page 3 and inserting in lieu thereof the following:
"and, in addition, shall be prohibited from adding additional sewer connections in the service area of the applicable combined sewer system after December 31,1996, until such plan is implemented, as certified by the director.'".
On the adoption of the amendment, the years were 38, nays 0, and the Oliver amend ment to the committee substitute was adopted.
Senators Langford of the 29th, Land of the 16th, Taylor of the 12th and others offer the following amendment:
Amend the Senate Natural Resources Committee substitute to SB 500 by striking lines 8 through 13 on page 2 and inserting in lieu thereof the following:
"the discharge limitation by December 31, 1993. Any person who, on or after July 4, 1996, has not fully completed all necessary phosphorous reduction improvements as re quired and certified by the division and remains in noncompliance with the provisions of this Code section shall on and after that date be subject to the liability and penalties provided in Code Section 12-5-51, 12-5-52, and 12-5-53 until such person has been in compliance with this Code section for 90 consecutive days.'".
Senators Oliver of the 42nd and Langford of the 29th offered the following amendment:
Amend the Langford et al. amendment to the committee substitute to SB 500 by deleting line 14 and substituting in lieu thereof the following:
"section for three consecutive months.'"
On the adoption of the amendment, the yeas were 44, nays 2, and the Oliver, Langford amendment to the Langford et al. amendment was adopted.
On the adoption of the Langford amendment, the yeas were 39, nays 1, and the Langford et al. amendment to the committee substitute was adopted as amended.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Farrow Gillis Glanton Gochenour Guhl Harbison Hill Hooks Johnson of 1st Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

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Ray Tanksley

Taylor Thompson

Turner Tysinger

Those voting in the negative were Senators:

Abernathy Cagle Egan Griffin Henson

James Johnson of 2nd Scott Slotin

Starr Stokes Thomas Walker

Not voting was Senator Brown of the 26th (excused).
On the passage of the bill, the yeas were 42, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Langford of the 29th moved that SB 500 be immediately transmitted to the House.
On the motion, the yeas were 39, nays 2; the motion prevailed and SB 500 was immedi ately transmitted.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 4:00 P.M., the President announced the Senate adjourned.

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217

Senate Chamber, Atlanta, Georgia

)

Wednesday, January 31, 1996

,;

Thirteenth Legislative Day

i

The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by

Senator Ray of the 19th, President Pro Tempore.

Senator Brown of the 26th reported that the Journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.

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

Mr. President:

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

HB 1343. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:

A bill to provide a homestead exemption from all City of Roswell ad valorem

;

taxes for any city purposes, but not including taxes to retire bonded indebted-

;

ness, in the amount of $20,000.00 of the assessed value of the homestead for

each resident of the City of Roswell who is 65 years of age or older if the gross

income of such resident, together with the gross income of the spouse residing at

the same homestead, does not exceed $40,000.00 for the immediately preceding

taxable year.

HB 1377. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; to change the taxes to which the exemption applies.

HB 1469. By Representatives Towery of the 30th, Coker of the 31st, Sauder of the 29th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the title and compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners.

HB 1118. By Representatives Mosley of the 171st, DeLoach of the 172nd, Shaw of the 176th and others:
A bill to amend Code Section 12-8-25. 3 of the Official Code of Georgia Annotat ed, relating to certain restrictions on landfill sites, so as to provide restrictions on landfills adjacent to certain bombing range facilities.

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JOURNAL OF THE SENATE

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 459. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U.S. Attorney General; to provide when such Act shall be void and re pealed.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 734. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that intangible personal property may be a separate class of property for purposes of taxation; to authorize the repeal of any intangible personal property tax by general law without approval in a referendum.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 728. By Representative Royal of the 164th:
A resolution proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for educational purposes.
The following bills were introduced, read the first time and referred to committees:
SB 656. By Senator Cagle of the 49th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that a family farm limited partnership shall be a qualified owner.
Referred to Special Judiciary Committee.
SB 657. By Senators Ragan of the llth, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to pro vide for a short title; to provide for definitions; to regulate the sale and distribu tion of agricultural liming materials in this state; to provide for administration.
Referred to Agriculture Committee.

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219

SB 658. By Senators Abernathy of the 38th, Edge of the 28th, Tysinger of the 41st and others:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance; to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to limousine carriers, so as to require taxicab owners and limou sine carriers to provide medical insurance coverage for members of the general public against bodily injury or death resulting from the negligent operation of taxicabs or limousines.
Referred to Insurance and Labor Committee.
SR 487. By Senators James of the 35th, Egan of the 40th, Ray of the 19th and others:
A resolution creating the Joint Study Commission on Promoting Aerospace de velopment, Commercial Space Activities, and Telecommunications Technology to improve Georgia's economic base.
Referred to Science, Technology and Industry Committee.
SR 495. By Senators Perdue of the 18th, Hooks of the 14th, Clay of the 37th and Land of the 16th:
A resolution creating the Joint Block Grant Study Commission.
Referred to Appropriations Committee. The following bills were read the first time and referred to committees:
HB 1118. By Representatives Mosley of the 171st, DeLoach of the 172nd, Shaw of the 176th and others:
A bill to amend Code Section 12-8-25. 3 of the Official Code of Georgia Annotat ed, relating to certain restrictions on landfill sites, so as to provide restrictions on landfills adjacent to certain bombing range facilities.
Referred to Natural Resources Committee.
HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
Referred to Appropriations Committee.
HB 1343. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebted ness, in the amount of $20,000.00 of the assessed value of the homestead for each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1377. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Trense of the 44th:
A bill to amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; to change the taxes to which the exemption applies.
Referred to State and Local Governmental Operations Committee.

HB 1469. By Representatives Towery of the 30th, Coker of the 31st, Sauder of the 29th and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the title and compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners.
Referred to State and Local Governmental Operations Committee.

HR 734. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd and others:

A resolution proposing an amendment to the Constitution so as to provide that intangible personal property may be a separate class of property for purposes of taxation; to authorize the repeal of any intangible personal property tax by general law without approval in a referendum.

Referred to Finance and Public Utilities Committee. The following committee reports were read by the Secretary:

Mr. President:

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

HB 1263. Do pass.

HB 1310. Do pass.

HB 1269. Do pass.

HB 1311. Do pass.

HB 1279. Do pass.

HR 367. Do pass as amended.

Respectfully submitted, Senator Ragan of the llth District, Chairman

Mr. President:

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

SB 506. Do pass by substitute.

SR 425. Do pass by substitute.

Respectfully submitted, Senator Farrow of the 54th District, Chairman

WEDNESDAY, JANUARY 31, 1996

221

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 413. Do pass by substitute.

HB 1174. Do pass as amended.

SR 445. Do pass by substitute. HB 1124. Do pass. HB 1125. Do pass.

HB 1200. Do pass. HB 1253. Do pass.

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

Mr. President:

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

SB 594. Do pass.

HB 1196. Do pass.

HB 1195. Do pass.

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

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

HB 800. Do pass.

HB 1407. Do pass.

HB 1387. Do pass.

HB 1428. Do pass.

HB 1392. Do pass.

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

Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the
following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 460. Do pass by substitute.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following bills were read the second time:

SB 416 HB 779

SB 556 HB 1042

SB 597 HB 1170

SB 641

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JOURNAL OF THE SENATE

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Blitch
Boshears Burton
Cagle Cheeks
Clay Crotts Day Dean
Edge Egan Farrow Gillis
Glanton

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

McGuire Middleton
Newbill Perdue
Pollard Ralston
Ray (presiding) Scott Starr Stokes
Tanksley Thomas Thompson Turner
Walker

Those not answering were Senators:

Abernathy Black Bowen Broun of 46th

Brown of 26th Hill Oliver Ragan

Slotin Taylor Tysinger

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Guhl of the 45th introduced the chaplain of the day, Reverend William Daven port, pastor of Corinth Baptist Church, Lithonia, Georgia, who offered scripture reading and prayer.
The President assumed the Chair.
Senator Turner of the 8th introduced the Valdosta State University Baseball Team, commended by SR 449, adopted previously, and Head Coach Tommy Thomas, who ad dressed the Senate briefly.
Senator Egan of the 40th introduced Dr. John Rieser, commended by SR 485, adopted previously, who addressed the Senate briefly.
Senator Egan of the 40th introduced the doctor of the day, Dr. Donald Yancey of Atlanta.
Senator Balfour of the 9th introduced the doctor of the day, Dr. Larry Anderson of Lithonia, Georgia.
Senator Griffin of the 25th introduced Ida Eubanks, commended by SR 442, adopted previously, who addressed the Senate briefly.
Senator Griffin of the 25th introduced James Taylor, commended by SR 441, adopted previously.
The following resolutions were read and adopted:

SR 490. By Senators Hill of the 4th, Gochenour of the 27th, Bowen of the 13th and others:
A resolution commending Corporal Tim Kendrick.

SR 491. By Senators Hill of the 4th, Turner of the 8th, Ragan of the llth and others: A resolution commending Trooper Chris C. Wright.

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223

SR 492. by Senators Hill of the 4th, Clay of the 37th, Newbill of the 56th and others:
A resolution commending Cherokee County Deputy Sheriff Bryan David Burdett.
SR 493. By Senators Hill of the 4th, Bowen of the 13th, Dean of the 31st and others:
A resolution commending Dr. George Herrin, Jr.
SR 494. By Senator Kemp of the 3rd:
A resolution congratulating and commending Mrs. M. W. Johnson, Sr.
SR 496. By Senator Dean of the 31st:
A resolution commending the members of the American Legion Post III Veter ans Memorial Monument Committee.
Senator Madden of the 47th moved that the following resolution be withdrawn from the Rules Committee and committed to the Natural Resources Committee:
SR 433. By Senators Madden of the 47th, Gillis of the 20th, Clay of the 37th and Taylor of the 12th:
A resolution urging the United States Congress to reject the proposal to sell the facilities used to generate electric power marketed by the Southeastern Power Administration.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 433 was com mitted to the Natural Resources Committee.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, January 31, 1996
THIRTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 800 Day, 48th CITY OF DACULA
To amend an Act creating a new charter, so as to change the manner of filling vacancies in the office of mayor or council members.
HB 1387 Gillis, 20th CITY OF SWAINSBORO
To amend an Act, so as to change the corporate limits of the City of Swainsboro.
HB 1392 Cagle, 49th CITY OF GAINESVILLE
To amend an Act creating a new charter, relating to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness.

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JOURNAL OF THE SENATE

HB 1407 Harbison, 15th Land, 16th CITY OF COLUMBUS & MUSCOGEE COUNTY
To amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, so as to provide for the appointment of an additional magistrate.

HB 1428 Madden, 47th ELBERT COUNTY

To amend an Act establishing the State Court, so as to change the provisions relating to the salaries of the judge and solicitor.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, 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 Crotts Day Dean Edge Egan Farrow Gillis

Glanton Guhl Harbison Henson Hill Hooks James Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Blitch Broun of 46th Clay Gochenour

Griffin Johnson of 2nd Johnson of 1st

Stokes Turner Walker

On the passage of the local bills, the yeas were 46, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Wednesday, January 31, 1996 THIRTEENTH LEGISLATIVE DAY

SB 348 Parental Power--grounds for losing (Substitute) (Judy--51st)
(Pursuant to Senate Rule 143, final action on the bill was suspended on January 30, 1996.)

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225

SB 505 Driver's License--no learner's permit required certain students (Pub Saf--55th)
SB 510 Handicapped--Technology Related Assistance Trust Fund (Amendments) (H&HS--llth)
SB 515 Driver's License--extension of certain permits issued for 15 year olds (Amend ment) (Pub Saf--26th)
SB 530 Hunting--unlawful while intoxicated (Substitute) (Nat R--20th)
SB 532 Guardian of Incapacitated--affidavits of physicians, psychologists (Substitute) (S Judy--6th)
SB 534 Attempted Suicide--nonconsensual custody, transport, medical treatment (Sub stitute) (S Judy--6th)
SB 544 Driver's License Deposit in Lieu of Bail--change to driver's license display (Amendment) (Judy--29th)
SB 554 Lead Poisoning Prevention--certain duties of environmental protection division (Amendment) (Nat R--55th)
SB 565 Controlled Substances--change listing (S Judy--47th)
SB 568 DUI--penalties, chemical tests, driver's license (Substitute) (Judy--12th)
SB 583 Seed Laws--rewrite (Ag--llth)
SB 586 Outdoor Advertising--depiction of obscene material prohibited (Pub Saf--13th)
SB 588 Music Hall of Fame Authority--general powers (EDT&CA--31st)
SB 604 Boat Operation--certain restrictions not apply at certain events (EDT&CA--1st)
SB 623 State Patrol--create Auxiliary Service in Uniform Division (Amendment) (Pub Saf--19th)
SB 628 Court--connected Alternative Dispute Resolution Act (Amendment) (Judy--42nd)
SR 391 CA: Technology Related Assistance Trust Fund for Disabled--General Assembly provide (H&HS--llth)
HB 148 Intergovernmental Solid Waste Coordinating Council; create (Substitute) (Amendment) (Nat R--47th) Dobbs--92nd
HB 280 Nursing home administrator; provisional license (Amendment) (H&HS--10th) Childers--13th
HB 588 Teachers Retirement; creditable service; pregnancy absence (Ret--10th) Cummings--27th
HB 679 Employees' Retirement; creditable service; certain former teachers (Ret--18th) Buck--135th
HB 691 Teachers Retirement; 55 years of age (Ret--23rd) Dobbs--92nd

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JOURNAL OF THE SENATE

HB 743 Trial Judges and Solicitors Retirement; spousal benefits (Ret--44th) Cummings--27th
HB 773 Sheriffs' Retirement; increase monthly benefit (Ret--3rd) Buck--135th
HB 782 Trial Judges and Solicitors Retirement; delete certain reference (Ret--23rd) Connell--115th
HB 845 Judges of the Probate Courts Retirement; benefits calculation (Ret--10th) Jenkins--110th
HB 896 Judges of Probate Court Retirement; secretary--treasurer's benefit (Ret--10th) Jenkins--110th
HB 958 Peace Officers' Annuity and Benefit; disability benefits; cessation (Ret--44th) Twiggs--8th
. HB 977 Teachers Retirement; break in service; reinstatement (Ret--23rd) Cummings--27th
HB 978 Teachers Retirement; certain early childhood development program; credit (Ret--31st) Smith--169th
HB 1012 Employees' Retirement; prior service for certain inspection service; credit (Ret--44th) Greene--158th
HB 1015 Judges of the Probate Courts Retirement; spouse's option (Ret--10th) Jenkins--110th
HB 1047 Peace Officers' Annuity and Benefit; employ less than 40 hours per week (Ret--34th) Cummings--27th
HB 1070 Employees' Retirement; certain former county employees; time for obtaining credit (Ret--36th) Cummings--27th
SB 118 DUI--provide zero tolerance for those under 21 years of age (S Judy--18th)
SB 324 Education--reading, posting certain writings without censorship (Substitute) (Ed--30th)
The following general bill of the Senate, having been read the third time and final action suspended on January 30, 1996, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:
SB 348. By Senator Ralston of the 51st:
A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power.
The substitute offered by Senators Ralston of the 51st, Land of the 16th and Oliver of the 42nd on January 30, 1996, as it appears in the Journal of January 30, was automati cally reconsidered.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

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227

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin Guhl Henson Hooks James Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Blitch Gochenour Harbison

Hill Johnson of 2nd Johnson of 1st

Slotin Stokes Thomas

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

SB 505. By Senator Henson of the 55th:

A bill to amend an Act providing for the exemption of drivers 21 years of age or over from the requirement for a learner's permit while taking instruction from a licensed driving instructor so as to remove the automatic date of repeal or "sun set" date of said Act; to provide an effective date.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Kemp Lamutt Land Langford Madden

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

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Thomas Thompson Turner

Tysinger Walker

Those not voting were Senators:

Blitch Egan

Farrow James

Johnson of 1st Slotin

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

SB 510. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and Ray of the 19th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assist ance Trust fund for Individuals with Disabilities Commission; to provide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and compensation.

The Senate Health and Human Services Committee offered the following amendment:
Amend SB 510 by striking in its entirety line 29 of page 4 and inserting in lieu thereof the following:
"1997."

On the adoption of the amendment, the yeas were 39, nays 0; and the Committee amendment was adopted.

Senator Ragan of the llth offered the following amendment: Amend SB 510 by striking from lines 14 through 15 of page 1 and lines 3 through 4, 20 through 21, 29 through 30, and 38 through 39 of page 7 the following:
"Fiscal Division of the Department of Administrative Services" and inserting in lieu thereof the following:
"Office of Treasury and Fiscal Services"; and amend SB 510 by changing "1996" on line 29, page 4, to read "1997".
On the adoption of the amendment, the yeas were 38, nays 0; and the Ragan amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to, as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

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229

Ralston Ray Scott Starr

Stokes Tanksley Taylor Thomas

Thompson Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Egan Langford

Slotin Turner

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th introduced the Houston County High School "Lady Bears" Softball team, commended by SR 452, adopted previously.
The Calendar was resumed.

SB 515. By Senators Brown of the 26th, Scott of the 36th and Ray of the 19th:

A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to extend the driv ing privileges of certain 15 year old persons who have previously been issued a permit at 14 years of age under Code Section 40-5-22.

The Senate Public Safety Committee offered the following amendment:
Amend SB 515 by striking the designation "(a)" on line 29 on page 1 and inserting in its place "(b)".
On the adoption of the amendment, the yeas were 35, nays 0; and the committee amendment was adopted.
Senator Brown of the 26th offered the following amendment:
Amend SB 515 by inserting after the word "guardian" on line 32 of page 1 the following:
": or under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are insured and licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, The Driver Training School License Act.'"
On the adoption of the amendment, the yeas were 34, nays 0; and the Brown amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to, as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp

Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott

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Slotin Starr Stokes

Tanksley Taylor Thomas

Thompson Tysinger Walker

Those not voting were Senators:

Balfour Cagle

Henson Perdue

Turner

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

SB 530. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that it shall be unlawful to hunt while intoxicated; to define a certain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test.
The Senate Natural Resources Committee offered the following substitute to SB 530:
A BILL
To be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to repeal a certain prohibition relating to hunting small game; provide that it shall be unlawful to hunt while intoxicated; to define a certain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test; to provide that refusal to submit to such testing shall result in the revocation of hunting privileges; to provide for notice of rights; to provide for penalties; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, is amended by striking in its entirety Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, and inserting in lieu thereof the following:
"27-3-1.1
It shall be unlawful for any person on any wildlife management area owned or operated by the department:
(1) To possess a firearm during a closed hunting season for that area unless such fire arm is unloaded and stored in a motor vehicle so as not to be readily accessible;
(2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area;
(3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The deter mination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-0-392 27-3-7;
(4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access;
(5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner consistent with the rules for shooting ranges promulgated by the board;

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(6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area;
(7) To hunt within any posted safety zone;
(8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops;
(9) While hunting bears in any such area opened to bear hunting, to kill a female bear with cub(s) or to kill a cub weighing less than 75 pounds;
(10) To fail to report the killing of a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area;
(.J.J.J J.G lilliiL &iii<lll |^iiiiici QU.1Mil^J it illHilci^^u ucci' Gi* LlilK.iiJ' Ol L)c<ll liLii^L,
(MX 11) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; or
H3K12) To trap except with a special trapping permit issued by the department."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 27-3-7, relating to hunting while intoxicated, which reads as follows:
"27-3-7.
It shall be unlawful for any person to hunt in this state while under the influence of any drugs, intoxicating wines, beers, or liquor. A determination of whether the person is under the influence of drugs, intoxicating liquors, beers, or wines may be made in accord ance with Code Section 40-6-392."
and inserting in lieu thereof the following: "27-3-7.
(a) As used in this Code section, the term Tiunt' or 'hunting' means the act of hunting, as such term is defined in Code Section 27-1-2, while in possession of or using a firearm, bow, or any other device which serves to launch a projectile.
(b) A person shall not hunt while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to hunt;
(2) Under the influence of any drug to the extent that it is less safe for the person to hunt;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to hunt;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such hunting from alcohol consumed before such hunting ended; or
(5) Subject to the provisions of subsection (c) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
(c) The fact that any person charged with violating this Code section is or has been le gally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of hunting safely as a result of using a drug other than alcohol which such person is legally entitled to use.
(d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (b) of this Code section,

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evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemi cal test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Inves tigation on a machine which was operated with all the electronic and operating compo nents prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investiga tion shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which cer tificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person undergoes a chemical test at the request of a law enforcement of ficer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determin ing the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, regis tered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement of ficer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section.
(e) In the event of a hunting accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine the blood alcohol concentration or the presence of drugs be performed on the dead person and that the results of such test be properly recorded on his or her report.
(f) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person hunting in violation of subsection (b) of this Code section, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time a blood alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section;
(2) If there was at that time a blood alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of al cohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section;

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(3) If there was at that time a blood alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and
(4) If there was at that time or within three hours after hunting, from alcohol con sumed before such hunting ended, a blood alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section.
(g)(l) Any person who exercises the privilege of hunting in this state shall be deemed to have given consent, subject to subsection (d) of this Code section, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense aris ing out of acts alleged to have been committed while such person was hunting in viola tion of subsection (b) of this Code Section. Subject to subsection (d) of this Code section, the requesting law enforcement officer shall designate which test or tests shall be administered.
(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning;
'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 and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you con sent to the test, the results may be offered into evidence against you. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(h) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent pro vided by subsection (g) of this Code section, and the test or tests may be administered, subject to subsection (d) of this Code section.
(1)(l) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (g) of this Code section, no test shall be given; provided, however, that subject to the provisions of paragraphs (2) and (3) of this subsection, such refusal shall be admissi ble in any legal action; and provided, further, that upon conviction of a violation of subsection (b) of this Code section, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be suspended by operation of law for a period of two years. The fact that such person was not in possession of a valid hunting license at the time of the violation shall have no effect on the suspension of his or her hunting privilege.
(2) If in any legal action a party desires to present evidence of the refusal of a person charged with violating subsection (b) of this Code section to submit to a chemical test designated by a law enforcement officer as provided in subsection (g) of this Code section, the party desiring to present such evidence shall request the judge presiding over such legal proceeding to hold a hearing to determine the admissibility of such evidence after notice to the person alleged to have refused to submit to such testing and to the law enforcement officer.
(3) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the person was hunting while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating subsection (b) of this Code section;

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(B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(C) Whether the person refused to submit to the test.
(4) It shall be unlawful during any period of a person's hunting privilege suspension for such person to:
(A) Hunt without a license in violation of Code Section 27-2-1;
(B) Possess a current Georgia hunting license; or
(C) Hunt in any situation where a hunting license is not required.
(5) Any person who violates the provisions of paragraph (4) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not longer than 12 months or both."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voing were Senators Perdue and Thomas.

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

SB 532. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings.

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The Senate Special Judiciary Committee offered the following substitute to SB 532:
A BILL
To be entitled to an Act to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to change which physicians and psychologists may make certain affidavits and perform certain evaluations and change the time for conducting certain emergency hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking paragraph (3) of subsection (a) of Code Section 29-5-6, relating to procedure for appointment of guardians, and inserting in its place the following:
(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 the laws of this or any other state or of a psychologist licensed to practice under Chaptei 09 of Title 43 psychology under the laws of this or any other state 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 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, 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, 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 2.
Said chapter is further amended by striking paragraph (1) of subsection (c) of said Code section and inserting in its place the following:
"(c)(l) The court shall, if the petition is not dismissed under paragraph (3) of subsection (b) of this Code section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice medicine under Ghaptei 04 uf Title 43 the laws of this or any other state or a psychologist licensed to practice uiidei Chapter 39 of Title-43 psy chology under the laws of this or any other state 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, other than the physician or psychologist who completed an affidavit attached to the petition pursu ant to paragraph (3) of subsection (a) of this Code section."
SECTION 3.
Said chapter is further amended by striking paragraphs (1), (2), and (4) of subsection (d) of Code Section 29-5-8, relating to appointment of emergency guardians, and inserting in their respective places the following paragraphs:

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"(1) Shall order an examination of the proposed ward to be made by a physician licensed to practice medicine under Chdpter 04 of Title 40 the laws of this or any other state or by a psychologist licensed to practice uiidei ChdpUii 39 of Title 43 psychology under the laws of this or any other state, to be conducted within 72 hours and a written report to be
furnished to the court and made available to the parties within such time; the examina tion and report shall be governed by the provisions of paragraphs (3) and (6) of subsec tion (c) of Code Section 29-5-6;

(2) Shall order an emergency hearing to be conducted not sooner than three days nor
later than five days after the filing of the petition, except that if the proposed ward is temporarily out of state in a hospital, nursing home, or similar facility, the emergency hearing shall be ordered to be conducted not sooner than five nor later than ten days after the tiling of the petition;"

"(4) If the threatened risk is so immediate and irreparable that any delay is unreasonable and the existence of such a threatened risk is certified by the affidavit of a physician licensed to practice medicine under Chapter 04 uf Title 43 the laws of this or any other state or of a psychologist licensed to practice under OhapteT 39 of Title 43 psychology under the laws of this or any other state, shall appoint an emergency guardian to serve until the emergency hearing;".

SECTION 4.

Said chapter is further amended by striking subsection (b) of Code Section 29-5-9, relating to modification of guardianships, and inserting in its place the following:
"(b) In petitions under paragraphs (3) and (4) of subsection (a) of this Code section, where the primary issue is a change in the condition of the ward, the petition must be accompa nied by an affidavit of two persons who have knowledge of the ward or of a physician licensed to practice medicine under the laws of this or any other state Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 40 psychology under the laws of this or any other state, setting forth the supporting facts and determinations. Thereafter, the provisions of subsections (c) and (e) of Code Section 29-5-6 shall apply, except that the court may dismiss the petition prior to hearing if after reviewing the evaluation report the court finds that there is not probable cause to believe that there are grounds for modification or termination of the guardianship. In all proceedings under this Code section the burden of proof shall be upon the guardian, and the prior adjudica tion of incapacity shall not be competent evidence in these proceedings."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cagle Cheeks Clay Crotts Day Dean
Edge Egan
Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison
Henson Hill
Hooks

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237

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

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Ray Scott

Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators: Perdue and Slotin.

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

SB 534. By Senators Boshears of the 6th, Kemp of the 3rd and Blitch of the 7th:
A bill to amend Chapter 9 of Title 31, the "Georgia Medical Consent Law", so as to provide for emergency nonconsensual custody, transport, and medical treat ment for persons who are in imminent danger of death as a result of attempted suicide; to provide for definitions; to provide for immunity from liability; to pro vide an effective date.
The Senate Special Judiciary Committee offered the following substitute to SB 534:
A BILL
To be entitled an Act to amend Chapter 9 of Title 31, the "Georgia Medical Consent Law," so as to provide for emergency nonconsensual custody, transport, and medical treatment for persons who are in imminent danger of death as a result of attempted suicide; to pro vide for definitions; to provide for immunity from liability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 9 of Title 31, the "Georgia Medical Consent Law," is amended by adding at the end a new Code section to read as follows:
"31-9-8.
(a) As used in this Code section, the term:
(1) 'EMT' means a person who is a cardiac technician, emergency medical technician, or paramedic certified as such under Chapter 11 of this title.
(2) 'Law enforcement officer' means any person who is certified as a peace officer under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
(b) Notwithstanding any other provision of law, whenever any EMT or law enforcement officer discovers a person whom that EMT or law enforcement officer reasonably believes to be in imminent danger of death as a result of an apparent attempt to commit suicide, other than by the discontinuance of life-sustaining medical procedures, that EMT or of ficer may:
(1) Provide emergency medical treatment in an effort to save such person's life if such EMT or law enforcement officer is otherwise qualified to provide such treatment as an EMT under Chapter 11 of this title;
(2) Take such person into custody and transport that person to a hospital or similar facility where that person shall be given appropriate medical treatment in an effort to save such person's life; or

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(3) Take the measures authorized in paragraphs (1) and (2) of this subsection, whether or not such person consents to such custody, transport, or treatment.
(c) A law enforcement officer or EMT who takes into custody, transports, or provides emergency medical treatment to another as authorized by this Code section shall have no civil liability therefor if such acts are not negligent and shall have no criminal liability therefor. A hospital or similar facility to which a person is taken and personnel of such facility who provide treatment to such person pursuant to this Code section shall have no civil liability for retaining custody of and providing such medical treatment to such per son without such person's consent if such acts are not negligent and shall have no crimi nal liability therefor. There shall be no civil or criminal liability for any person or entity who fails or refuses to exercise the authority granted by this Code section."

SECTION 2.

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

SECTION 3.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Henson Starr

Taylor Walker

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

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239

SB 544. By Senator Langford of the 29th:

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, so as to change provisions relating to deposit of driver's licenses in lieu of bail in traffic and motor vehicle cases; to provide for driver's license display in lieu of bail instead of driver's license deposit; to provide for recordation of license number by the apprehending officer; to provide for suspension of license upon failure to appear.

The Senate Judiciary Committee offered the following amendment:
Amend SB 544 by striking in its entirety line 5 of page 2 and inserting in lieu thereof the following:
"his or her driver's license with to the".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators: Scott and Slotin.

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

SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to provide that the Department of Natural Resources may designate the environmental protection division to per form certain duties; to provide that implementation of certain lead paint abate ment certification programs shall be contingent upon the promulgation of cer tain federal regulations.

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The Senate Natural Resources Committee offered the following amendment:
Amend SB 554 by striking lines 10 and 11 on page 3 and inserting in lieu thereof the following:
"upon that person's own property; or".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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 Broun of 46th.

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

SB 565. By Senators Madden of the 47th and Harbison of the 15th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs; to require that records be maintained regarding dangerous drugs; to require labeled original containers for controlled substances and dangerous drugs; to change certain penalties; to provide an effective date.
Senator Madden of the 47th moved that SB 565 be committed to the Special Judiciary Committee:
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 565 was com mitted to the Special Judiciary Committee.

SB 568. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change a certain definition; to change certain provisions relating to implied consent to chemical tests; to change certain provi sions regarding suspension of a driver's license for refusal of testing to deter mine the presence of alcohol or drugs.

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241

The Senate Judiciary Committee offered the following substitute to SB 568:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change a certain definition; to change certain provi sions relating to implied consent to chemical tests; to change certain provisions regarding suspension of a driver's license for refusal of testing to determine the presence of alcohol or drugs; to change the provisions relating to periods of suspension and conditions to return of driver's license; to change the provisions relating to limited driving permits for certain of fenders; to change certain provisions relating to the issuance of a temporary driver's li cense; to provide for the impoundment of license plates of habitual violators; to provide for the issuance of a temporary driver's license; to provide for the impoundment of license plates of habitual violators; to provide for the issuance of special license plates; to provide for procedures; to provide for hearings; to provide for fees for the issuance of special license plates; to provide for restrictions on the sale of certain motor vehicles; to provide for zero tolerance for persons under the age of 21; to change certain provisions relative to driving under the influence of alcohol or drugs with regard to persons under the age of 21; to pro vide for the referral of cases for hearings; to change certain provisions relative to the scope of hearings for drivers under the age of 21; to repeal certain provisions applicable to the suspension of licenses by operation of law for failure to complete an alcohol or drug pro gram; to change the provisions relating to circumstances not affecting suspensions of driv ers' licenses by operation of law; to provide for a minimum mandatory period of imprisonment for persons convicted of driving under the influence of alcohol or drugs; to change the minimum mandatory period of imprisonment for a person convicted of a second violation of driving under the influence of alcohol or drugs; to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; 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.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety paragraph (9) of Code Section 40-5-1, relating to defini tions applicable to Chapter 5, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three components: assessment, edu cation/intervention, and intensive intervention. In the case of a first conviction or plea uf nulo contendere to a violation of Code Section 40-6-391, the program administers the assessment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/intervention component or the intensive intervention component."
SECTION 2.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-555, relating to implied consent to chemical tests, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) The State of Georgia considers that the persons who are under the influence of alco hol or drugs while operating a motor vehicle or who have a blood an alcohol concentration of 0.10 grams or more at any time within three hours after operating a motor vehicle

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from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or else where throughout this state shall be deemed to have given consent, subject to Code Sec tion 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic acci dent resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the re questing law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
SECTION 3.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-563, relating to periods of suspension and conditions to return of driver's license, and in serting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously sus pended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; pro vided, however, that any person convicted of a drug related offense pursuant to Code Sec tion 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Depart ment of Public Safety for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 406-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For pur poses of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction: For (.he pm puses uf this yaiagiaph only, an accepted plea uf
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(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was sus pended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defen sive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea uf nolo contendeie lu a charge of violating Code Section 40-0-391 and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previ ous arrests for which convictions were obtained or pleas of nolo contendere were ac cepted to the date of the current arrest for which a plea of nolo contender is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea uf nolu conlendei'e and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of iiulu cuiitendere is accepted, shall be considered and counted as convictions."
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-564, relating to limited driving permits for certain offenders, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of

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Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2;-pro= vided that such person has not had his ur hei drivei's liceiibu suspended undei GuJe Section 40-0-08."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 40-5-67, relating to seizure and disposition of drivers' licenses of persons charged with driving under the influ ence, issuance of temporary driving permits, and disposition of cases, and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67.
(a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate a blood an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 405-67.1, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Depart ment of Public Safety, at its sole discretion, may delay the expiration date of the tempo rary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expi ration of the temporary permit may be delayed.
(cXD If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also re quire the person to surrender the temporary driving permit issued pursuant to subsec tion (b) of this Code section.
(2) (A) If the person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to tHe court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring tEat the license plate of any motor vehicle registered in such person's name be surren dered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt.

WEDNESDAY, JANUARY 31, 1996

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(B) Except as provided in subparagraph (C) of this paragraph, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subparagraph (A) of this paragraph until the driver's license of such person has been reissued or reinstated and, except as provided in subparagraph (C) of this paragraph, it shall be a misdemeanor for such person to request a new license plate or plates.
(C)(i) A person who is subject to a court order issued pursuant to subparagraph (A) of this paragraph may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. The commissioner of public safety shall determine whether the applicant has a valid limited driving permit or probation ary license or whether there is another member of such person's household who pos sesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written ap proval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain.
(ii) A motor vehicle owned or leased by a person subject to a court order issued pursu ant to subparagraph (A) of this paragraph or for which a license plate has been issued subject to division (i) of this subparagraph may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the pro posed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or convey ance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate.
(iii) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subparagraph (A) of this paragraph or for which a license plate has been issued pursuant to division (i) of this subparagraph is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner
(iv) Upon full restoration of the driving privileges of a person subject to a court order under subparagraph (A) of this paragraph, the commissioner of public safety shall au thorize the person to apply for a regular issue license plate. The cost of a regular issue license plate shall be $20.00. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent.
(v) Nothing in this Code section shall be deemed to waive any lawful requirement for tEe issuance of a license plate including, but not limited to, proof of financial responsibility.
(vi) Display of a license plate issued pursuant to division (i) of this subparagraph shall not constitute probable cause for stopping or detaining a vehicle.
(vii) Any person aggrieved by a decision of the commissioner of public safety pursuant to~division (i) of this subparagraph may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures re quired by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act?
(3) If the person is not convicted of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety for disposition."

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SECTION 6.
Said title is further amended by striking in their entirety subsections (b), (b.l), (c), and (g) of Code Section 40-5-67.1, relating to the administration of chemical tests to determine whether a person is driving under the influence of alcohol or drugs, and inserting in lieu thereof new subsections (b), (b.l), (c), and (g), respectively, to read as follows:
"(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 8 21:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 8 21, whichever is longer. Your re fusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0764 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 6 21, whichever is longer. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(2) Implied consent notice for suspects age i8 21 or over:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a mini mum 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 an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(3) 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 disquali fied 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 concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a mini mum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily sub stances 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?'
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

WEDNESDAY, JANUARY 31, 1996

247

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.
(b.l) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after April 21, 1990 July 1, 1996. Subsection (b) of this Code section shall not apply to any case wherein the re quest for chemical testing was made regarding an offense committed prior to April 21, 1995 July 1, 1996, in which case those provisions of former Code Sections 40-5-67.1 and 40-6-392 governing the content of the notice required to be given by the officer to the person regarding administration of chemical testing and governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply.
(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law en forcement officer and the test results indicate that a suspension or disqualification is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in viola tion of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of W 21, a"5Iood an alcohol concentration of 6r64 0.02 grams or more, the department shall suspend the person's driver's license, permit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physical control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentra tion of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year."
"(g)(l) A person whose driver's license is suspended or who is disqualified from operat ing a commercial motor vehicle pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing or refer the case to the Office of State Administrative Hearings as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A) Whether the law enforcement officer had reasonable grounds to believe the per son was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or
(B) Whether the person was involved in a motor vehicle accident or collision result ing in serious injury or fatality; and
(C) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and
(D) Whether the person refused the test; or
(E) Whether a test or tests was were administered and the results indicated a blood an alcohol concentration of 0.10 grams or more or, for a person under the age of 8

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21, a bloud an alcohol concentration of 6^4 0.02 grams or more or, for a person oper

ating or having actual physical control of a commercial motor vehicle, a MuuJ an

alcohol concentration of 0.04 grams or more; and

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(F) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sci ences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

(3) The hearing officer shall, within five calendar days after such hearing, forward a deci sion to the department to rescind or sustain the driver's license suspension or disqualifi cation. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driver's license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.

(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction, then the suspension shall be terminated and deleted from the driver's license record. In the event that a plea of nolo
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fui puipuses of any futuie violations of Code Suction 40-0-391. In the event of an acquittal, accepted plea uf aolo umteiidere, or other disposition other than by a conviction, the driver's license restoration fee shall be promptly returned by the Department of Public Safety to the licensee."

SECTION 7.
Said title is further amended by striking in its entirety Code Section 40-5-68, relating to suspension of drivers' licenses by operation of law for failure to complete alcohol or drug program, which reads as follows:
"40-5-68.

(a) The driver's license of any person whose plea of nolo contendere to a charge of violat ing Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursu ant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program ap proved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail.
(b) Any person whose driver's license has been suspended by operation of law as provided in subsection (a) of this Code section shall immediately return such license to the depart ment. It shall be unlawful for any person to operate any motor vehicle in this state after

WEDNESDAY, JANUARY 31, 1996

249

such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license,",
and inserting in lieu thereof the following: "40-5-68.
Reserved."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 40-5-69, relating to circumstances not affecting suspensions of drivers' licenses by operation of law, and in serting in lieu thereof a new Code Section 40-5-69 to read as follows:
"40-5-69.
If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, or 40-0-08, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
SECTION 9.
Said title is further amended by striking in their entity subsections (c) and (k) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof new subsections (c) and (k), respectively, to read as follows:
"(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is ob-
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(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than ten days nor more than 12 months; wriiCfi ptti loti oi imprisonment iH3.yjS.t tlic SOIG discretion ui trie JUCL^G, DC susp^iiuoci, stayed, or probated. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this paragraph; and
(C) Not less than 40 hours of community service;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is ob-
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(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose,

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the judge may suspend, stay, or probate all but 48 72 hours of any term of imprison ment imposed under this paragraph; and
(C) Not less than 80 hours of community service; or
(3) For the third or subsequent conviction within a five-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a convic tion is obtained or a plea of nolu cmiteiidei'e is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspen sion, stay, or probation;
(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph; and
(C) Not less than 20 days of community service.
For the purpose of imposing a sentence under this subsection, a previously accepted plea of nolo contendere shall constitute a conviction."
"(k) A person under the age of i8 21 shall not drive or be in actual physical control of any moving vehicle while the person's~alcohol concentration is <W)4 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol con sumed before such driving or being in actual physical control ended. Every person con victed of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nulo contenders shall be accepted for any peison undei the age uf 18 charged with a violation of this Code &ectiuii."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 40-6-391.1, relating to the entry of a plea of nolo contendere, and inserting in lieu thereof a new Code Section 406-391.1 to read as follows:
"40-6-391.1.
No plea of nolo contendere shall be accepted to a charge of violating Code Section 40-659T
\8i) -LOG CltiCiSiOiJi tO SCCGpt Si jMcii 01 ilOIO CGlltSilu.GI'ft tO 3. Clldl~6 OIVi.Glk.tiilJ vJOCt^ CjfiCtiGil
40-0-091 hhdll be at the sole diMiietkm of the judge but, if such plea is accepted, the
pftil&l LlftS ^H"OViu,t3Q lor lH SUDSfiCtiGli (CJ Or CJOClft kj^CLiOil *iU~(j~tjy-L Slicl.il ut iiiij-HjSttQ, pl'0~ Viuctl) ilOWfiVfil1 ) til elI ilO SUCH plftti vl IIOIOC011Tftllu.ftl'ti fiO3.il DG clCCftptfiu. it til6 pGFSOH Cfl&l^cu Witli viOiltiLiii^ LJOClft o^CLiOIl 4U~U-tJyj. 113.C1 clll HlCGllGlCOIlCftilt'1'cltlOilOlniOi^ Lliciil
0.10 at any time within three hours after driving or being ia control of any moving velii-
Clti li'OiIl 3.lCOllul COiifeLliiicQ DGiOFG SUCH dliVnl^ Or Dfiii'i^ iii COilt^Ol 611CISCl.
\u) II 1116 ClcictiiQ<i,llt 1T.3.S IlOt u&ftli COliViCtGtl 01 01 lIclCl SL pltiil Ot 11010 COHt611Crel~Q <lwi^ttjj[i3Cl tO 8i Ctl&l^ ^1 ViOl&tlUS vJGuG tjiiCLiOil iU*'O"tJyj. \Vitllili Lliii pi^VlOUS HV6 y6fl.rS dilu. il tH6 J}ltiH 01 ilOlO COHt6ilu6ir6 &1 ict.il &fe U.S6C1 3S pfOVlufiQ nl ^cil'ci^i'iijjli \ J./ OI SUDStiCLIiJii \fit/"01 OOQ6 oSClIOll *xU~(j~OiJ, ilO fcUCll pl6& SI13.11 titi d.Ci^tij3LiiCi lllllCSSj ciL a Hli.ili.lUU.iIi, LI lei lOllOWlli^ C0il~ ClitiOilS 3.F& 111 ft L.
\1/ J. 116 CltiltiiiClciilL fi&S illtiu 3 V6I*lI16u ptiLiLiuii Witll tll6 COLll1 ^ I'6C(U.iSLiiiy Cll^.tJ SU.C1I ^)lt(i
uft clCi!tij3tt!u ciiiu. StitLlll lOl'Lli L116 IHCLS clilu Sp^Ci&l Cii'dlillStclllCtiS llciCcbfcfeill'y I/O 3U3.D16 tilii j Uu^6 t>u u.t?t/til'llHiici till3.tr flCCftptlll^ SUCll )l^l IS 111 tliti utiSL iilLclSibL 01 JUStlCc;^ SI1C1
(2) The judge has reviewed the defendant's driving lecurds that are on file with the
JJft^ifll LilitiilL OI JrUDllC kJ3.1ftty.

WEDNESDAY, JANUARY 31, 1996

251

(c) The judge, as part of the record of the disposition of the charge, shall but foi Hi, uudei
StJ&i 01 Ul COU.lt) lliife 1 GcLfcOliS 101 flCCctptlii^ tile pl9. 01 11G10 COiiLttliCltil'ti.
\u/ II a plefl XJI nOiO COriwillCUii1^ IS LCC6pt&Cl aS pt'Ov iClcu ill S liufecCtiuii \u) 01 LliiS LJGuc
seclkm, Hie judge shall, at. a pail of the di&pu&itkm uf the ca&e, order the defendant tu
ciLLcilCl Jiiitl COiiiplGLci Si JJLJ1 AJtCOtlOi 01 Ul L1J LJSci ItiSR. IviiuUCLiGil 1 I'O^i'iiiil flpp^GVfitl uy Llic IJtipcli'Lilititil/ 01 lj.111113.il IvcSuUl'CeS. JLlic Oluci1 fcliiill StipU.13.IiC LlliJiL tiifi utiltiilCliiiiL 4lio.ll COiiipltikt; &UC11 plOjj^i'iiiii WitliHi J-kjU uiyS cLilQ tllctL Lltti Clt;IiiiiClclllL Sli3.ll SU.Diii.iL ScLLlSIJiCLOl'y tVj.Ucii.Cc OI SUCH COiH^)lGliiOii tOTlilS Utipfl.l'LjLlicillL 01 1 LluliC ijl.I6iry cHiCl LO6 COm't. lUfe CutllL fc11till 3.150 i&(^U.ilti Vllti fe Hi'l ciilCltl 01 LI 1^3 QViVGl S 11C6H&& 3.110. S113.ll IfcLcinl fcLiCli liCtbiiSc uilLxi SUuiUiSSiOil Or pl'OOI OI COiilplctiOIl 01 111 ftpprOV^u. LJUX iHCOliOt Oi' l/t*U^ wSc IviSK. Atcu.UC~
tion Program. Tlie court shall, at the time of am-reader uf the diivei'h licunse to it, ifcMie
3. tclUpOl*ik.iny flriViii^ ptil liiiL WiUCIl SliJill tiX^iil t ilOt lilOlG Lllclll x^v Q&yS Ii10iil jtS ifiSU^iilCc. Afi^ ud^ilu31tt S CtriVSr S llC3il&^ Slicill D6 rfiCU-ntlGCl D^ tllfi CuHTX iiilillciuiflit'Sly Uptjil SU.uiiiiS~ SlOil 01 pi GOT XJI COllipl^titdl OI ctil fl.ppinOVfeu. 1JLJ1 AlCOflOi Oi1 UlTi LJSci IvlSJv ICQUCtluii t inO" ^1 aiii. iT16 JUCt^^ Sllilll ctlSO HOtiiy t!16 ClttlciKJciilL LlliiL, II i!6 OI Sl'lfi lAllS tO COiilplctc SUCH
ClT16a. Ill XHfe COui't S Cn'uci) title IjiU dfl.y uliViiig pclIUtt Siiali DC lu liife 01 Ilcf CtTiVci S liCtiliSti Sll3.ll D^ iSU.S^)cilu.u, Dy OpSrflrtlOil. OI 13.W,

(e) The record of the deposition of the case, including the ruling required in subsection (c) of thi& Code section, shall be forwarded to Uie Department of Public Qafet.y within tea cl3.ys mttJi1 disposition.
\l) It 3, pl^l 01 JtlOIO COiit^iiu-tii'^:; iS JiCCtijJLtiu UliClcl tll^ COIlCiitlOIlS S61 lOi'til til SUO&cClilOii it)/ 01 LliiS v/Ou.^ icCLlOii <iii(l Lllfi uctlGIluftilL s ui'iVci' S liCtiii&t; llclS ilOt Dtitiii SLiS|JtiiiU.cvA LitiClci
any other provision uf this Cade and if the defendant 1ms not been convicted of or has not
lliiu 3. plticl Or ilOtt^COirKiilu^re iiCCtpLiiCl tO 3. Cil3.r^6 Or ^V10lfl.tiil^ vJOu.^ kJcCtiOH *iU~0~iJy J.
\VitriiriTirifi pluvious iivfc ^^iiis, trie court ftiiciii, su.Dj&ct tu suoscCLioii \\i) 01 tms LJOCIC sectiuu, retum Hie diiver's license to the person, otherwise, siicl'i driver's license t.hall be
IOfW3.rtlfttl tO tI16 TJcpll Liil^ilt OI ITiDliC oal^tj? iiS pl*OViu.dl ill SUOfefeCLiOIl (.D/ Oi triiS \JOuG Scttiuil,
SECTION 11.
Said title is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-6-392, relating to chemical tests for the presence of alcohol and drugs in blood, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of &QG 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of Code Section 40-6391."
SECTION 12.
Sections 1, 2, 3, 5, 6, 9, 10, and 11 of this Act and this section shall become effective on July 1, 1996. Sections 4, 7, and 8 of this Act shall become effective on July 1, 1997.
SECTION 13.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

252

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

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

SB 583. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and Guhl of the 45th:

A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to substantially rewrite the laws of this state relating to seed; to provide for definitions; to repeal certain definitions; to change the provisions relating to labeling of seeds; to change the provisions re lating to the required contents of labels; to change the provisions relating to prohibited acts and to provide for additional prohibitions.

Senator Ragan of the llth offered the following amendment:
Amend SB 583 by changing "(D)" on line 26, page 11 to "(E)"
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Clay
Crotts Day Dean
Edge Egan
Farrow Gillis Glanton
Gochenour

Griffin
Guhl Harbison Henson
Hill Hooks
James Johnson of 2nd Johnson of 1st
Kemp

WEDNESDAY, JANUARY 31, 1996

253

Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott

Slotin Starr Stokes Tanksley Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Taylor

Thomas Walker

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

SB 586. By Senators Bowen of the 13th, Oliver of the 42nd, Perdue of the 18th and others:

A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide that no outdoor advertising depicting obscene material shall be allowed; to restrict outdoor advertising of commercial establishments where nudity is exhibited; to provide for legislative intent; to define a certain term.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators: Brown of 26th and Walker.

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

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JOURNAL OF THE SENATE

SB 588. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and others:

A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Music Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Mu sic Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide pros pects.

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Brown of 26th

Newbill

Perdue

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to provide that certain restrictions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Burton

Cagle Cheeks Clay Crotts

WEDNESDAY, JANUARY 31, 1996

255

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

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

Those not voting were Senators:

Brown of 26th

Ragan

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

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 623. By Senators Ray of the 19th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide 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.
Senators Ray of the 19th and Marable of the 52nd offered the following amendment:
Amend SB 623 by adding on line 3 of page 1 between the word "as" and the word "to" the following:
"to allow personnel of the Uniform Division, while on duty and in uniform, to provide security at special events at any location in the state, whether or not the event takes place on state property,"
By adding between lines 14 and 15 of page 1 the following:
"amended by striking in its entirety subsection (c) of Code Section 35-2-33, relating to additional duties of the Uniform Division of the Department of Public Safety, and in serting in lieu thereof a new subsection (c) to read as follows:
'(c) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to:
(1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers fouryear postsecondary degrees when such security protection services, or transportation or escort services, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals;
(2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both; and
(3) Allow personnel of the Uniform Division, while on duty and in uniform, to accom pany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or

256

JOURNAL OF THE SENATE

outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Divi sion while carrying out such duties.; and

(4) Allow personnel of the Uniform Division, while on duty and in uniform, to provide

security at special events at any location in the state, whether or not the event takes

place on state property?

~

SECTION 2.

Said article is further".
By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively.
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
Pursuant to Rule 143, action on SB 623 was suspended and the bill was placed on the General Calendar.

SB 628. By Senators Oliver of the 42nd, Farrow of the 54th, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards.
The Senate Judiciary Committee offered the following amendment:
Amend SB 628 by striking in their entirety lines 24 through 35 of page 5 and inserting in lieu thereof the following:
"3(6b-8)1B-7.o'"a--rd--s--s--ha--ll--c--om----pl--y --w--ith----an--d--b--e --su--b--je--ct--to--t--h--e --au--d--it--re--q--ui--re--m--e--nt--s--o--f C--o--de--S--e--ct--io--n

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

WEDNESDAY, JANUARY 31, 1996

257

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Black Brown of 26th

Clay Johnson of 1st

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

SR 391. By Senators Ragan of the llth, Hooks of the 14th, Burton of the 5th and Ray of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities; to authorized the appropriation of funds for the purposes of such fund; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1

Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) The General Assembly is authorized to provide by general law for the creation of the Technology Related Assistance Trust Fund for Individuals with Disabilities. The General Assembly is authorized to appropriate moneys to such fund and moneys so ap propriated or received by such fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO provide by general law for the Technology Related Assistance Trust Fund for
Individuals with Disabilities and to appropriate moneys to such fund and for moneys in such fund to continue to be used for the purpose of the fund with out lapsing?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black

Blitch Boshears

Broun of 46th Brown of 26th

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JOURNAL OF THE SENATE

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

Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Balfour Bowen

Johnson of 1st Ray

Starr

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following communication was filed with the Secretary:

OFFICE OF LIEUTENANT GOVERNOR
240 State Capitol Atlanta, Georgia 30334
January 31, 1996

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

Dear Frank:
Please accept this letter as notification that Senator Eddie Madden has been appointed Secretary of the Senate Education Committee. Senator Madden will fill the vacancy left by the resignation of Senator Johnny Isakson.
Thank you for your assistance with this matter. If you have any questions, please call on me or Martha Wigton of my staff.
Sincerely, /s/ Pierre Howard
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:28 P.M., the President announced the Senate adjourned.

THURSDAY, FEBRUARY 1, 1996

259

Senate Chamber, Atlanta, Georgia Thursday, February 1, 1996 Fourteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1374. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees.
HB 1483. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to provide that the mayor shall serve a term of four years.
HB 1500. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the com pensation and expenses of the members of the Board of Education of Stewart County.
HB 1380. By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd and others:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.
The following bills were introduced, read the first time and referred to committees:
SB 659. By Senators Dean of the 31st, Ray of the 19th and Marable of the 52nd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, so as to amend the provisions relating to county financial statements and audits; to delete certain provisions relating to publication and posting of such statements; to conform various re quirements relative to such matters; to provide that copies of the county audit be submitted to the grand jury.
Referred to Committee on State and Local Governmental Operations (General).

260

JOURNAL OF THE SENATE

SB 660. By Senator Langford of the 29th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to change certain provisions relating to maintenance and filling rates, rating plans, rating systems, or underwriting rules.
Referred to Committee on Insurance and Labor.
SB 661. By Senator Edge of the 28th:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the maximum amount which a payee may charge the maker of a check, draft, or order as a service charge; to provide for the provisions relating to written demand.
Referred to Committee on Special Judiciary.
SB 662. By Senator Clay of the 37th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the regulation of the practice of hyp notherapy; to provide for a short title, purposes, and definitions; to provide for a hypnotherapist council and for its membership, powers, duties, and organiza tions; to provide for terms, appointment, and qualifications of councilmembers.
Referred to Committee on Health and Human Services.
SB 663. By Senators Crotts of the 17th, Oliver of the 42nd, Ralston of the 51st and others:
A bill to amend Code Section 5-6-13 of the Official Code of Georgia Annotated, relating to the granting of supersedeas in cases of contempt, so as to provide that a judge may grant a supersedeas upon certain conditions.
Referred to Committee on Judiciary.
SB 664. By Senators Black of the 53rd, Guhl of the 45th, Day of the 48th and others:
A bill to amend Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondspersons, so as to provide that such persons may be approved by the governing authority of the county in which such business is transacted.
Referred to Committee on Judiciary.
SB 665. By Senator Boshears of the 6th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act," so as to provide for annual fees that the Jekyll Island--State Park Authority may charge for fire protection and suppression services or public safety services; to provide an effective date.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 666. By Senators Blitch of the 7th, Gillis of the 20th, Edge of the 28th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that the owner of a beehive or his or her agent may kill bears if certain conditions are met.
Referred to Committee on Natural Resources.

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261

SR 497. By Senator Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of community improvement districts with the consent of the owners of all property to be included within such community improvement district and to remove certain restrictions upon the power of an administrative body of a community improvement district to levy taxes; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on State and Local Governmental Operations (General).
The following bills were read the first time and referred to committees:

HB 1380. By Representatives Heckstall of the 55th, Davis of the 48th, Holmes of the 53rd and others:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center to persons and businesses, so as to provide that owners of rental dwellings may obtain criminal history records of prospective renters with the consent of the person whose records are requested.
Referred to Judiciary Committee.

HB 1374. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees.
Referred to State and Local Governmental Operations Committee.

HB 1483. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to provide that the mayor shall serve a term of four years.
Referred to State and Local Governmental Operations Committee.

HB 1500. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the com pensation and expenses of the members of the Board of Education of Stewart County.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

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

SB 498. Do pass as amended.

SB 553. Do pass by substitute.

SB 585. Do pass.

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

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Mr. President:

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

SB 561. Do pass by substitute.

SB 592. Do pass.

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

Mr. President:

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

SB 496. Do pass by substitute.

SB 639. Do pass.

SB 606. Do pass. SB 607. Do pass.

HB 695. Do pass.

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

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1199. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

SB 520. Do pass.

HB 146. Do pass.

SB 618. Do pass.

HB 308. Do pass.

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

Mr. President: The Committee on Public Safety has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 624. Do pass as amended.
Respectfully submitted, Senator Bowen of the 13th District, Chairman

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263

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 1390. Do pass.

HB 1450. Do pass.

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

Mr. President:

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

SB 591. Do pass by substitute.

HR 332. Do pass.

SR 385. Do pass.

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

Mr. President: The Committee on Transportation has had under consideration the following resolu
tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 384. Do pass as amended.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 460 HB 1124 HB 1253
HR 367

SB 506 HB 1125 HB 1263

SB 594 HB 1174 HB 1269

SR 413 HB 1195 HB 1279

SR 425 HB 1196 HB 1310

SR 445 HB 1200 HB 1311

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

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

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

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

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Stokes
Tanksley Thomas

Turner Tysinger

Those not answering were Senators:

Abernathy Day

Henson Taylor

Thompson Walker

The President 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, Pastor Daniel Jackson of Greater Springfield Missionary Baptist Church, Warner Robbins, Georgia, who offered scripture reading and prayer.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Kathy Easterling, of Clayton, Georgia.
The following resolutions were read and adopted:

SR 498. By Senator Thomas of the 10th: A resolution commending the Atlanta Black Nurses' Association.

SR 500. By Senator Ralston of the 51st:
A resolution commending and recognizing L. R. Tippens Elementary School on the occasion of its 70th anniversary.

SR 501. By Senator Dean of the 31st:
A resolution commending Comfort Care Ministries, Inc., and Barry Keaton, Ph.D.

SR 502. By Senators Gillis of the 20th, Bowen of the 13th, Starr of the 44th and Crotts of the 17th:
A resolution recognizing and commending Atlanta Motor Speedway, Mr. Bruton Smith, and Mr. Ed Clark.

SR 503. By Senator Ralston of the 51st:
A resolution commending the Fannin County Rebels high school football team.
Senator Ralston of the 51st introduced the Ellijay Apple Marketing Association, com mended by SR 461, adopted previously.
Senator Madden of the 47th presented SR 402 commending the Georgia Citizens for the Arts.
Senator Hooks of the 14th presented SR 421 and introduced Helen Faircloth, 1996 Artist of the Year.
Senator Hill of the 4th moved that Senator Thompson of the 33rd be excused from the Senate due to a doctor's appointment. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thompson was excused.
Senator Marable of the 52nd moved that Senator Henson of the 55th be excused from the Senate due to pressing business. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Henson was excused.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:

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265

SENATE LOCAL CONSENT CALENDAR
Thursday, February 1, 1996 FOURTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1390 Bowen, 13th Ragan, llth MITCHELL COUNTY
To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January I through April 30 as provided by general law.

HB 1450 Clay, 37th Newbill, 56th Ralston, 51st CHEROKEE COUNTY
To amend an Act creating the Cherokee County Parks and Recreation Authori ty, so as to change certain provisions regarding the selection of the secretary and treasurer.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Egan Farrow Gillis Glanton

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

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Crotts Henson (excused) Hooks

Johnson of 2nd Ray Thompson (excused)

On the passage of the local bills, the yeas were 47, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Brown of the 26th moved that Senator Middleton of the 50th be excused from the Senate due to Senate business. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Middleton was excused.

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SENATE CALENDAR Thursday, February 1, 1996 FOURTEENTH LEGISLATIVE DAY
SB 623 State Patrol--create Auxiliary Service in Uniform Division (Amendment) (Pub Saf--19th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on January 31, 1996.)
HB 148 Intergovernmental Solid Waste Coordinating Council; create (Substitute) (Amendment) (Nat R--47th) Dobbs--92nd
HB 280 Nursing home administrator; provisional license (Amendment) (H&HS--10th) Childers--13th
HB 588 Teachers Retirement; creditable service; pregnancy absence (Ret--10th) Cummings--27th
HB 679 Employees' Retirement; creditable service; certain former teachers (Ret--18th) Buck--135th
HB 691 Teachers Retirement; 55 years of age (Ret--23rd) Dobbs--92nd
HB 743 Trial Judges and Solicitors Retirement; spousal benefits (Ret--44th) Cummings--27th
HB 773 Sheriffs' Retirement; increase monthly benefit (Ret--3rd) Buck--135th
HB 782 Trial Judges and Solicitors Retirement; delete certain reference (Ret--23rd) Connell--115th
HB 845 Judges of the Probate Courts Retirement; benefits calculation (Ret--10th) Jenkins--110th
HB 896 Judges of Probate Court Retirement; secretary-treasurer's benefit (Ret--10th) Jenkins--110th
HB 958 Peace Officers' Annuity and Benefit; disability benefits; cessation (Ret--44th) Twiggs--8th
HB 977 Teachers Retirement; break in service; reinstatement (Ret--23rd) Cummings--27th
HB 978 Teachers Retirement; certain early childhood development program; credit (Ret--31st) Smith--169th
HB 1012 Employees' Retirement; prior service for certain inspection service; credit (Ret--44th) Greene--158th
HB 1015 Judges of the Probate Courts Retirement; spouse's option (Ret--10th) Jenkins--110th
HB 1047 Peace Officers' Annuity and Benefit; employ less than 40 hours per week (Ret--34th) Cummings--27th
HB 1070 Employees' Retirement; certain former county employees; time for obtaining credit (Ret--36th) Cummings--27th

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267

SB 118 DUI--provide zero tolerance for those under 21 years of age (S Judy--18th)

SB 324 Education--reading, posting certain writings without censorship (Substitute) (Ed--30th)

SB 416 Volunteer Fire Departments--two or more may form nonprofit corporation (SLGO-G--6th)

SB 556 MARTA--terms of members of the board (SLGO-G--43rd)

SB 597 Telephone, Telegraph, Cable Service--attempting to avoid charges for (Amend ment) (ST&I--37th)

SB 641 Student Finance Commission Employees--become members of Student Finance Authority (H Ed--4th)

HB 779 Auctioneers; amend provisions (ST&I--27th) Coleman--80th

HB 1042 Richmond, County of; school or team colors or mascot (SLGO--23rd) DeLoach--119th

HB 1170 Public records; local governments; fees (SLGO-G--10th) Walker--141st
The following general bill of the Senate, having been read the third time and final action suspended on January 31, 1996, pursuant to Senate Rule 143, and placed on the Senate Calendar for today, was continued upon its passage:

SB 623. By Senators Ray of the 19th and Bowen of the 13th:

A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide 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.

The amendment offered by Senators Ray of the 19th and Marable of the 52nd on January 31, as it appears in the Journal of January 31, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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Ralston
Ray Scott Slotin

Starr
Stokes Tanksley Taylor

Thomas
Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Henson (excused) Johnson of 2nd

Thompson (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of land fills but shall not be considered vertical expansions; to create the Intergovern mental Solid Waste Coordinating Council and to provide for its membership and duties.
Senate Sponsor: Senator Madden of the 47th.
The Senate Natural Resources Committee offered the following substitute to HB 148:
A BILL
To be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to change a certain statement of policy; to de lete a certain definition; to amend certain powers and duties of the Board of Natural Resources; to delete certain provisions relating to the permitting of biomedical waste ther mal treatment technology facilities; to change certain provisions relating to the permitting of municipal solid waste disposal facilities; to delete certain restrictions on the siting of landfills; to require local governments and authorities to hold a public hearing before enter ing into certain agreements with private entities relating to landfills; to prohibit permits for municipal solid waste landfills within a specified distance of certain bombing ranges notwithstanding any other provision of law or any administrative action; to provide that no permit shall be issued for certain solid waste disposal facilities and solid waste handling facilities located within the corporate limits of a municipality having a population of 1,500 or less and located within two miles of another municipality without the permission of the governing authority of each such neighboring municipality; to provide for the entry ofjudg ments in accordance with certain administrative rulings; to provide that certain restric tions on the permitting of municipal solid waste disposal facilities cover both publicly and privately owned facilities; to change certain provisions relating to conflict resolution rela tive to the siting of landfills; to provide that the Department of Community Affairs shall mediate such conflicts; to repeal provisions relating to the Recycling Market Development Council; to create the Intergovernmental Solid Waste Coordinating Council; to provide for the transfer of certain funds; to provide an exemption from certain cost-recovery actions relating to the disposal of scrap tires; to define certain terms; to change certain provisions relating to pollution prevention plans; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Depart ment of Community Affairs, so as to change certain powers and duties of the department; to provide for matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.

THURSDAY, FEBRUARY 1, 1996

269

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste manage ment, is amended by striking in its entirety subsection (c) of Code Section 12-8-21, relating to a declaration of policy and legislative intent, and inserting in lieu thereof the following:
"(c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at dispo sal facilities during fiscal year 992 1994 by 25 percent by July 1, 1990 1998; provided, however, that counties and municipalities that establish an annual measurement of mu nicipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 1994 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 992 1994; provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1, 1991, is exempted from this subsection."
SECTION 2.
Said chapter is further amended by striking in its entirety paragraph (37) of Code Section 12-8-22, relating to definitions relative to the "Georgia Comprehensive Solid Waste Man agement Act," which reads as follows:
"(37) 'Special solid waste' means any solid waste not otherwise regulated under Part 1 of Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated under such part originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.",
and by redesignating paragraphs (38) through (42) as (37) through (41), respectively.
SECTION 3.
Said chapter is further amended by striking in its entirety paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources relative to solid waste management, and inserting in lieu thereof the following:
"(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling solid waste handling, including measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest;
(B) Rules and regulations prescribing the procedure to be followed in applying for per mits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits;
(C) Rules and regulations concerning the establishment of permits by rule;
C-U/ ItllleS &ilCl i*c;^UlHtlOilS cifetciuli&liiii^ tile U.5^ 01 & HlcLi.li.tGSt uU.iii.1^ tllG ^siltir'fltlGil cllltl
IlLilulill^ GI SptiCiiil Suliu WcifcLtij
Rules and regulations governing and controlling the handling of hpecial solid waste" and biomedical waste;
(FXE) Rules and regulations establishing criteria and a system of priorities for the distribution of any state funds as may be made available through a grant-in-aid pro gram to assist financially local governmental agencies or authorities in the planning,

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JOURNAL OF THE SENATE

implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;
(QKF) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover;
(HXG) Rules and regulations establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsi bility required by this part and for the implementation of financial responsibility instruments;
ffl(H) Rules and regulations establishing qualifications for municipal solid waste dispoiaT facility operators and certification of such operators through colleges or universi ties of the University System of Georgia or other organizations as may be determined acceptable by the board;
Rules and regulations regulating the generation, collection, processing, and dis posal of scrap tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and
(KKJ) Rules and regulations further defining what shall or shall not constitute 'recoverecTmaterials'; and".
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 12-8-24, relating to permits for solid waste or special solid waste handling or disposal and for thermal technol ogy facilities, and inserting in lieu thereof the following:
"12-8-24.
(a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10 or persons exempted by rules promulgated by the board, without first obtaining a permit from the director authorizing such activity; provided, however, that the board may not exempt persons disposing of solid waste other than inert solid waste.
(b)(l) No permit, for a bicimedical waste thermal treatment technology facility shall be
iSSUGu Dy Ulci CliltiCLOi.' U.ill6SS tllS eippllCcll'lL TGi1 feU.Cil I3.CliJ.Vy CltiiliOliSl'l <itctS TO t/116 Clll'SCtOl'
that a need exists for the facility foi1 waste generated m Georgia by showing that there is
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tlti, A.Itci
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til61'111ell t/i'OHLllltiilL LtiCriilOlug^y iciOlllLy WlllCli IS pOl'lliiLLtiQ Dy Dill liUL 1HC1U.C160. in 1 10Cell
OF I'c^iOllfll SOllQ W3.St6 Jllclil<i^cjJ.i<ilIL ^jlcitl, 3.111 6-tlufllGHt 01 X11G lOCfll Ol1 i c^iOllfll SOilu
vVclftLti iiiHiici^c^iU^lllJ J)I3.I1 Sll3.ll t)ti 1'tiv^U.ii tu 101' 3.1iy ulOilitiuiCtil WciSLti W HiCll IS liu 1011^61"
to D6 uis^)0^u oi oy tn.cpfivit6 OiOiii6uiCfl.i w&st^ 6H6r3.tor in its *11 Li'ttfl.liiiittii L t^ciiiioio^y i^.ciiity prior to 3.iiy suDst3.nti3.i i*6u.u.cti
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THURSDAY, FEBRUARY 1, 1996

271

^c/ vJii 01* etitfir JVi3.i*cii oU J.yyu, iiny psiiiiiL toi* toti LI cm&^yoit/ciij.oii orixiuiiicipcii fcoi.ni waiCc
II uiil Si JU.1 iSQiCClOil ^dj.ci'&Liii^ &01iu WHSCfe LO <1 liiiliiiCi^jcLl S01ICL WetSt6 diSpOSal IcliiilitJ^
lOCtiLtru111 Liiutll3l CGVlIltJr bllcill tti COiiCliljiOIltiCl U^uii tH6 j 111 1SO.IC tlOIl feii^i'clTilIl.SOIIQ.
TVflStG Cl6VfilOJiiil LL1CI D3lH^ lCtiVly iliVOlVfeu lilj Dy tlliiy -Lj -Lyt/jij a StF&wsg^ IO1 iliccLiil-g
the state wide goal of waste reduction by July 1, 1990.
WXb) If the director determines that sttch the activity referred to in subsection (a) of this Co3e section will result in any violation of this part or any rule or regulation promul gated pursuant to this part, he or she shall deny the permit; otherwise, he or she shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted; provided, however, that a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste 01 special solid waste handling shall occur not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing.
feXcXl) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or any order of the director or fails to perform solid waste handling in accord ance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities, except a facility operated by a utility regulated by the Public Service Commission, shall be classified as major permit modifica tions and shall not be granted by the director sooner than three years from the date any such facility commenced operation; provided, however, that a permit may be modified by the director to allow a vertical or horizontal expansion one time within three years from the date the facility commenced operation so long as the capacity of the facility is not increased more than 10 percent.
(2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility ui special solid waste handling facility requesting the modification is located not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing.
(3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that a facility may be granted a variance by the director from those standards when vertically expanded un less such variance is inconsistent with federal laws and regulations; provided, further, that the director shall not grant a variance from the provisions of subparagraph (B), (C), (D), or (E) of paragraph (4) of this subsection.
(4) No vertical expansions shall be approved under this subsection unless:
(A) The owner or operator demonstrates compliance with all standards not varied by the director;
(B) The owner or operator has installed a. surface and ground-water monitoring sys tem approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;

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(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and

(E) Where noncompliance with the standards for surface water, ground water, or

methane gas has been determined, the owner or operator has a schedule and correc

tive action plan approved by the division for returning the site to compliance within

six months of the director's approval of the corrective action plan. If the owner or

operator cannot demonstrate that the site can be returned to compliance within said

six-month period, the director shall not issue a permit to expand the site vertically

but shall order the facility to prepare a final closure plan, including the cessation of

waste receipt within six months of the final effective date of the order. If sufficient

permitted capacity is not available to allow orderly closure, the director may allow

operation of the facility under authority of the closure order for a period not to ex

ceed six months.

"

(5) Modifications for vertical expansions issued under this Code section may be re stricted in duration, but in no case shall be effective beyond July 1, 1998, for landfills not having liners and leachate collection systems.

(6) The owner or operator of any site not having a liner and leachate collection system which is vertically expanded and which subsequently fails to demonstrate compliance with all applicable surface water, ground-water, or methane gas standards shall demonstrate to the satisfaction of the director, through a corrective action plan, that the site has been or can be returned to compliance within six months of the director's approval of the corrective action plan. If the owner or operator fails to demonstrate to the satisfaction of the director that compliance has been attained or can be attained, the director shall notify the owner or operator, ordering cessation of the acceptance of waste for disposal, remediation of noncompliance, and implementation of the final clo sure plan, to include a final date for closure.

tfXd) In the event of the modification, suspension, amendment, or revocation of a permit, thiTdirector shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action.

Prior to the issuance of any permit for a solid waste handling facility or the grant ing of any major modification of an existing solid waste handling permit, the director shall require written vertification to be furnished by the applicant that the proposed fa cility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local, multijurisdictional, or regional solid waste management plan developed in accordance with standards promulgated pur suant to this part subject to the provisions of Code Section 12-8-31.1. Further, prior to the issuance of any permit or major permit modification for a municipal solid waste dis posal facility, the applicant shall provide the director with written verification and that the host jurisdiction and all jurisdictions generating solid waste destined for the appli cants' facility can demonstrate that Ihey, at the time of application and during the oper ating life of the facility, are part of an approved solid waste plan developed in accordance with standards promulgated pursuant to this part and are actively involved in and have a strategy for meeting the July 1, 1998, state-wide reduction goal provided by subsection (c) of Code Section 12-8-21~uI' waste reduction by July 1, li?90. rTloi to the issuance of any permit Ibr a solid waste handling facility 01 the gi anting uf any majoi modification of
till ciJLife lniJ Suliu WtiSLc liciiiLiliii^ jczliUit tli&t Will liciilu.lt) SOilu W&Stc 11 Oiii jU.1 iStliCtiOiiS
OU.LSlu.ti IjreOl Ji<i, tOG GU.t~OI~Stlt^ SOiiu W^lStci ^tiiitii'JlLiil^ jlHiSuiCCiOHS iSI13.ll pFOVluc CIGCU-
HlfiillfltiOil tHcH. CflGy HclV6 SL &ti'fl.liC^jf 101 HiiO. fl.1 ti aCtlVfiiy lilVOlVSQ. Ail llittiLiiiJ JJlHillllll^
I'nsCfUii'ciUdTtS dllQ fl W&St^ il6uUCtiuil ^6&1 til&t 11*6 SU.bStflHtl3.riy 6(JU.iV3l61lt tO tiMJ'jJISIl-
iun^ rGQUji'tiiiitiiits <iiiu wsstc i~6CtuctiG.il go<iicoiit3tn6cl 111 this jiirt. As SL condition or tn6 issuance of a permit and for the continued active life of such a facility, and before the facility receives any municipal solid waste, the director shall require the permit holder to submit written verification that the jurisdiction in which the facility is located and ail jurisdictions from which municipal solid waste are received are part of an approved solid

THURSDAY, FEBRUARY 1, 1996

273

waste plan and are actively involved in and have a strategy for meeting the July, 1,1998, state-wide reduction goal provided by subsection (c) of Code Section 12-8-21?
ftrXO No permit for a disposal facility shall be issued to any regional solid waste manage ment authority created under Part 2 of this article, the 'Regional Solid Waste Manage ment Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste management plan pursuant to subsection (d) of Code Section 12-8-31.1.
ffXg) No permit shall be issued for a new solid waste thermal treatment technology facilityUnless the applicant meets or exceeds standards adopted by the board which shall be consistent with and at least as stringent as the Federal New Source Performance Stan dards for new municipal waste combustors outlined in regulations pursuant to the fed eral Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended.
fiXhj The director or his the director's designee is authorized to inspect any generator in Georgia to determine whether that generator's solid waste is acceptable for the intended handling facility. The division may require any generator in Georgia to cease offering solid waste for handling if such solid waste is not acceptable under standards promul gated by the board, and the division may prohibit the handling of such solid waste until waste management procedures acceptable to the division are developed. Such prohibi tion shall continue in effect until the waste management procedure for handling is ap proved in writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part.
(i) Landfills or portions of landfills which have had all waste removed and which are subsequently proposed for reuse as lined landfills shall be subject to the requirements of tHTs part relating to major modifications, but such reuse shall not be considered a vertical expansion?
(j) Unless otherwise expressly provided, any amendment of this part or to regulations promulgated pursuant to this part which impose permit conditions for the operation" closure, or postclosure care of any solid waste handling facility shall be applicable to all new facilities as well as to all similar existing permitted facilities.
(k) The governing authority of any county, municipal corporation, authority, or special district or any combination of such public entities shall hold a public hearing before en" tiering into a contract with any private entity for the lease, sale, or management of a landfill or solid waste disposal facility owned or operated by such public entity. Notice oT such hearing shall be posted at the site of the landfill or facility and shall be advertised in a newspaper of general circulation in the county or counties in which the landfill or faciF ity is located at least 30 days prior to the date of such hearing."
SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 12-8-25.3, relating to restrictions on solid waste landfill sites within significant ground-water recharge areas or near military bombing ranges, and inserting in lieu thereof the following:
"12-8-25.3.
\&j PNOt/WitllStfl.ilu.iil tu,13 ^JFiJViSlOilS Orv/OCre o&CtiOil J.j&~o~i&u.^j HO pi&i'iilit SHfi.ll DC iSSUcu.
tor <i iUVLiliClp&l SGllCiWl$t6 l&ilClnlt WlliCH &CCGj.)tS SOllQ W&Stc gcil^l&tcQ IiTO01 GU.uSiQ.ctH6
comity ia which such landfill is located or, in the case of a legioiial landfill, from uutside
&Hy 01 Ul C(juu.ltic6 Oi SptiCiiil Cliil/i'iCLfc UlpOWeiu tO 6il^&^c ill 5O11CI W3.Mti Jjiciiici^cilitiiil
lCtiVAtlt;i5 COiiStlLLiLiii^ SLiCli ic^idii it 3.iiy pcilL 01 SUCIl^ Site iS W^itliiil cHiy cUco. tliaC licto
been designated by the director at> a bigiiifltant giuuad-water rediaige area.
(b) In addition lu the piuvisions of subsection (a) of this Code section, in the case of a
I'^^iGiliti ill U.iliiij|Jcil Suliu W&Stc iJinullll WTlclG &tiy pciit \jt SUCli Site IS WTCllj.il Siiy ki*G3T till at

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has been designated by the diiectoi a& a sigaifliiaiil ground-water recharge area, no peiuiit shall be issued foi suuli mgiunal landfill unless the boundaries of the counties ur hyBcldl distiicth empowered to engage in solid waste management activities are contigu ous and such comities ui special di&tiicts have enleied iiilu a joint contiact foi Hie tullec-
tiiOil ctiiu. uiS^}Gil 01 build WctStti.
permit or modification of an existing permit shall be issued for land application of untreated municipal sewage sludge located in an area designated by Hydrologic Atlas 18 prepared by the Department of Natural Resources as a significant ground-water recharge area including, but not limited to, those areas designated as probable areas of thick soils.
(dKb) Notwithstanding any other provision of law or any administrative action, no No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range. The provisions of this subsection shall apply to all permit applications pending on or submitted on or after the date this subsection becomes effective and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date.
(c) No permit shall be issued for a solid waste disposal facility other than a permit-byrule inert landfill or a solid waste handling facility other than a material recovery facility located within the boundaries of any municipal corporation having a population of 1,500 or less according to the United States decennial census of 1990 or any future such census and which is not included in a regional or multijurisdictional solid waste plan developed" pursuant to Code Section 12-8-31.1 without the express approval of the governing au thority of each municipality having any part of its boundary lying within two miles of any part of the boundary of the municipality in which the facility is proposed to be located. The provisions of this subsection shall apply to all permit applications pending on or submitted on or after the date this subsection becomes effective and shall apply to all permits issued prior to such date, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process?'
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 12-8-30.3, relating to the entry ofjudgments in accordance with the order of the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following:
"12-8-30.3.
The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation main tains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed a final order of the director or of a final an order of the administrative law judge unappealed from or affirmed on appeal diieclui~aflli'nied upon appeal uc modified on any review ui appeal from which no further leview is taken 01 allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court."
SECTION 7.
Said chapter is further amended by striking in their entirety subsections (e) and (f) of Code Section 12-8-31.1, relating to local and regional solid waste plans, and inserting in lieu thereof, respectively, the following:
"(e) After July 1, 1992, no permit, major permit modification, grant, or loan shall be is sued for any publicly or privately owned municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in

THURSDAY, FEBRUARY 1, 1996

275

a county or region which is not consistent with a local, multijurisdictional, or regional solid waste management plan. Each application for a permit, grant, or loan issued sub mitted after July 1, 1992, shall include the following:
use and zoning requirements if any
Verification that the facility for which a permit, grant, or loan is sought meets theTen-year capability and capacity needs identified in the approved local, multijuris dictional, or regional solid waste management plan; and
(6X2) Demonstration that the host jurisdiction and all jurisdictions generating solid wasle destined for the applicant's facility are part of an approved solid waste manage ment plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the July 1, 1998, state wide waste reduction goal provided by subsection (c) of Code Section 12-8-21 for reduc tion oTsolid waste cKsposarby July 1, 1990.
(f) This Code section shall not apply to:
(1) Any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the pur pose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a. solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure; or
(2) Effective September 1, 1994, any privately owned solid waste handling facility seek ing a permit or major modification of an existing permit where the host local governing authority has failed either to submit or make a good faith effort, as determined by the Department of Community Affairs, to submit a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; pro vided, however, that the permit applicant and permit recipient, as appropriate, coiilinttes continue to be obligated to demonstrate that all generating jurisdictions from which waste will be received at the time of the application and during the operating life of the facility are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part and have a strategy to meet and are actively engaged in meeting the July 1, 1998, state-wide waste reduction goal provided by subsection (c) of Code Section~12-8-21 of"reducing waste by 25 percent by July 1, 199C.;or
(3) Any biomedical waste thermal treatment technology facility."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 12-8-32, relating to permits for regional solid waste disposal facilities, and inserting in lieu thereof the following:
"12-8-32.
\L/ 1 liwi* LO SUuiiiifcSiOii 01 111. cij^pllCiiLiOii tO 1.1 lei CtiVlSlOil TOP 3. JJGtlillilj lOl1 & i'ti^JiOilcil SOllCt
waste disposal facility, conflicts as defined in Articles 1 and 2 uf Chapter 8 of Title 50
Sli3.il IQlIGV/ Lll6 liitiUiiiLlOil plOCiiu.U.i'iiS uGVSlOpGCl TMfiy tttG U&pcLl liiliciil OI vJOIllillLttiiiy AI~
fairs pursuant to Articles 1 and 2 uf Chaptei 8 of Title 50. Upon the submission of any application to the division for any municipal solid waste disposal facility for which a permit other than a permit by rule is required by the division, the permit applicant shall

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JOURNAL OF THE SENATE

within 15 days of the date of submission of the application publicize the submission by public notice and in writing as follows:
(1) If the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, and each local government in the county and the regional development center shall further be notified in writing of the permit application;
(2) If the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within said counties and the regional development center shall be further notified in writing of the permit application; and
(3) The public notice shall be prominently displayed in the courthouse of each notified county.
(b) The division shall review the application and supporting data, make a determination as to the suitability or unsuitability of the proposed site for the intended purpose, and notify the applicant and the host local government if different from the applicant in writ ing of its determination.
(c) Upon receipt from the division of notice that the proposed site is suitable for the in tended purpose, the applicant shall within 15 days of receipt of such notification, notify the Department of Community Affairs and publicize the fact by public notice as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section. Further, within 45 days of receipt of such notification from the division, the host local government for the proposed site shall as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues nego tiation process.
(d) Following notification of the applicant of the proposed site's suitability, the division may continue to review the applicant's permit application but the director shall not take any action with respect to permit issuance or denial until such time as the local notifica tion and negotiation processes described in this Code section have been exhausted.
(e) The division shall not be a party to the negotiation process described in this Code section, nor shall technical environmental issues which are required by law and rules to be addressed in the permitting process be considered negotiable items by parties to the negotiation process.
(0(1) Within 30 days following a public meeting held in accordance with subsection (c) of this Code section, a facility issues negotiation process shall be initiated by the host local government, upon receipt of a written petition by at least 25 affected persons, at least 20 of whom" shall be registered voters of or landowners in the host jurisdiction, shall initiate a facility issues negotiation process. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term 'affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government.
(2) The Department of Community Affairs shall assist the host government, citizen petitioners, and permit applicant in organizing the facility issues negotiation process provided in paragraph (1) of this subsection by providing information and facilitating support during the prenegotiation phase of the process as needed and at the discretion of the department and the host government.
(g) Within 15 days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this Code section.
(h) Within i5 30 days following the validation of the written petition to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section; shall notify the permit

THURSDAY, FEBRUARY 1, 1996

277

applicant if different from the host local government, the division, the Department of Community Affairs, and the regional development center that the negotiation process is being initiated; and shall set a date for a meeting with the citizens facility issues commit tee, the host local government, and the permit applicant not later than 30 days following validation of such written petition to negotiate.
(i) The petitioning persons shall select up to ten members, at least eight of whom shall be registered voters or landowners in the host local government, to serve on a citizens facil ity issues committee to represent them in the negotiation process. The membership of the citizens facility issues committee shall be chosen within i5 30 days following the validation of such written petition pursuant to this Code section.
(j) The negotiation process shall be overseen by a faulilaloi mediator named by the host local government, after consultation with the citizens facility issues committee, from a list provided by the Department of Community Affairs. The mediator shall be selected within 30 days of the validation of the petition. The function of the lacilitalcii mediator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. Such assist ance shall include both the facilitation of negotiation and the active mediation of disputes between such meetings. The cost, if any, of the facilitator mediator shall be borne by the permit applicant.
(k) Beginning with the date of the first negotiation meeting called in accordance with subsection (h) of this Code section, there shall be no fewer than three negotiation meet ings within the following 45 day period; provided, however, that the mediator may ap prove fewer than three meetings or an extension of the 45 day period provided by subsection (h) of this Code section if all participants to the facility issues negotiation process agree unless waived by consent uf the parties. Such negotiation meetings shall be presided over by the facilitator mediator named in subsection (j) of this Code section and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation.

host local government. The mediator shall keep a record of the negotiation process and shall produce a summary of the meeting report for each meeting. The mediator shall provide the Department of Community Affairs, the host government, the chairperson of the citizens facility issues committee, and the permit applicant, if different from the local host government, with copies of the summary of the meeting report for each meeting within ten days of the meetingT

(m) All issues except those which apply to environmental permit conditions are negotia ble. Environmental permit conditions are not negotiable. Issues which may be negoti ated include but are not limited to:

(1) Operational issues, such as hours of operation;

(2) Recycling efforts that may be implemented;

(3) Protection of property values;

(4) Traffic routing and road maintenance; and

(5) Establishment of local advisory committees.

(n) At Within 15 days of the end of the 45 day period following the first negotiation meet

ing jOj[^tHFJinTlucli_e2cte^^

the

facilitator mediator shall provide the Department of Community Affairs with a notice of

the results~and shall publish a notice of the results, if any, of the negotiation process in

the same manner as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code

section and shall include the date, time, and place of a public meeting to be held within

ten days after publication at which the input of persons not represented by the citizens

facility issues committee may be received.

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(o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the chairman chairperson of the citizens facility issues commit tee, and the chief elected official of the host local government, and the permit applicant, if different from the local host government, and shall be adopted by resolution of the host local government.
(p) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless proceed to seek a permit from the division. The faciliULur mediator shall notify the division and the Department of Community Affairs in writing that the negotiating parties have failed to reach consensus.
(q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the division. The facilitator mediator shall notify the division and the Department of Community Affairs in writing that the negotiating par ties have reached consensus.
(r) Negotiated concessions shall not be construed as environmental permit conditions.
(s) Upon receipt of a written notification from the facilitator mediator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated is sues, and upon written notification from the permit applicant that he or she wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the director shall proceed to process the permit in accordance with Code Section 128-24."
SECTION 9.
Said chapter is further amended by striking in its entirety Code Section 12-8-33, relating to the Recycling Market Development Council, which reads as follows:
"12-8-33.
(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, alumi num, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling;
(2) One member who is an elected or appointed municipal official to be appointed by the Governor;
(3) One member who is an elected or appointed member of a county governing author ity to be appointed by the Governor;
(4) One member appointed by the Speaker of the House of Representatives;
(5) One member appointed by the Lieutenant Governor; and
(6) One representative each from the Department of Administrative Services; the De partment of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources.
(b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly.
(c) The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.",
and inserting in lieu thereof the following: "12-8-33.
(a) There is created the Intergovernmental Solid Waste Coordinating Council to be chaired by the director or his or her designee and composed of representatives from de partments and agencies within state government which have responsibilities or activities

THURSDAY, FEBRUARY 1, 1996

279

relating to solid waste as well as representatives from county and municipal governing authorities. The council shall be responsible for coordinating the activities of state and local governments responsible for implementing the provisions of this part and shall serve as a forum for sharing information and mobilizing the state's resources to achieve more effective solid waste management. The council shall meet upon the call of the chairperson.
(b) The Recycling Market Development Council created on July 1, 1990, shall stand abol ished on July 1, 1996."
SECTION 10.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-8-37.1, relating to the authorization of certain state grants to local governing authori ties, and inserting in lieu thereof the following:
"(c) The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and coun ties, authorities, and state agencies, or the Oeuigia Recycling Market Development Cuuncil for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforce ment programs for the abatement of illegal dumping of solid waste; for the funding of grants or loans, in accordance with procedures developed by the division; for the imple mentation of innovative technologies for the recycling and reuse of solid waste recovered materials, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development. Ten percent of the funds appropriated by the General Assembly for the solid waste trust fund on an annual basis shall be transferred to the Department of Community Affairs to assist that department in the implementation of solid waste education, recycling, and waste reduc tion efforts as provided by Code Section 50-8-7.3."
SECTION 11.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-8-39.3, relating to the collection of taxes, fees, and assessments, and inserting in lieu thereof the following:
"(a) Any city, county, or authority which operates a solid waste handling facility or pro vides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to en force by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. Any such ordinance or reso lution enacted by a county governing authority with concuiienoi uf the la* commissioner ui Lax cullectui1 of such county may provide that said officer the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions."
SECTION 12.
Said chapter is further amended by striking in its entirety subparagraph (5) of subsection (i) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following:
"(5) The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrap tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for corrective action, including administrative and legal expenses. The division's certification of ex penses shall be prima-facie evidence that the expenses are reasonable and necessary. Notwithstanding any other provision of this subsection, any generator of scrap tires

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who is identified as being a contributor to the materials which are the object of the

abatement and who can document that he or she has tully complied with this part and

all rules promulgated pursuant to this part in disposing of his or her scrap tires shall

not be liable lor any of the cost recovery actions of the abatement."

~

SECTION 13.

Said chapter is further amended by inserting at the end of Code Section 12-8-180, relating to definitions relative to the Pollution Prevention Assistance Division of the Department of Natural Resources, two new paragraphs to read as follows:
"(6) 'Pollution prevention' means the use of materials, natural resources, energy, processes, and practices which reduce or eliminate the creation of pollutants or wastes at the source. Such term shall include, without limitation, inventory management and purchasing procedures, process modifications, housekeeping and efficient operating practices, material substitutions, redesign of product pollution prevention education and outreach, and in-process recycling.
(7) Waste minimization' means pollution prevention and off-process recycling includ ing, without limitation, use, reuse, and reclamation."

SECTION 14.

Said chapter is further amended by inserting at the end of Code Section 12-8-182, relating to certain responsibilities and duties of the Pollution Prevention Assistance Division of the Department of Natural Resources and related matters, a new subsection to read as follows:
"(e) The division shall serve as the lead entity for developing and providing activities and assistance programs, except those related to municipal solid waste, designed to effect emission reduction, minimization of solid waste and hazardous waste in industrial and business operations, and the reduction of household hazardous waste."

SECTION 15.

Said chapter is further amended by striking in its entirety of Code Section 12-8-183, relat ing to pollution prevention assistance plans, and inserting in lieu thereof the following:
"12-8-183.
(a) Not later than October 1, 994 1996, the division shall complete a pollution preven tion assistance plan to achieve voluntary participation by businesses and industries and the general public within the state in programs and activities designed to reduce and prevent the pollution of the environment by the products, and by-products, and waste"of such businesses, ami industries, and, where hazardous household waste is involved, the general public a'nd to promote recycling of such products, by-products, and waste. The plan shall establish the objectives of the division and address such matters as the divi sion deems appropriate.
(b) The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for com ment. The division shall seek and encourage public comment on the plan and shall docu ment and consider such comments.
(c) The division shall present a final plan to the commissioner within 60 days after publi cation for public comment. If the commissioner approves, the division shall implement the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment.
(d) In implementing the plan pursuant to subsection (a) of this Code section, the division shall have the power and duties:
(1) To enter into such contracts as may be necessary and appropriate to implement the plan;

THURSDAY, FEBRUARY 1, 1996

281

(2) To conduct investigations, analyses, and inspections in the implementation of the plan;
(3) To encourage, participate in, and conduct studies, reviews, and investigations relat ing to the implementation of the plan;
(4) To accept, receive, administer, and disburse grants from public or private sources for the purpose of implementing the plan; and
(5) To exercise all incidental powers necessary to implement the plan."
SECTION 16.
Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, is amended by strik ing in its entirety Code Section 50-8-7.3, relating to solid waste management education and related matters, which reads as follows:
"50-8-7.3.
The department shall perform the duties, responsibilities, and functions and may exer cise the power and authority described in this Code section. The department shall estab lish a solid waste management education program in the state. Such program shall include, but not be limited to, the following:
(1)(A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management.
(B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; busi ness and industry; community, environmental, and civic organizations; the news me dia; educators; and other areas as the Governor may deem appropriate.
(C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the department; and
(2)(A) The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from depart ments and agencies within state government that have responsibilities or activities relating to solid waste.
(B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state gov ernment relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs.",
and inserting in lieu thereof the following:
(a) The department shall serve as the lead state agency with regard to recycling, waste reduction, and education efforts relating to municipal solid waste; provided, however, that such authority shall not extend to hazardous waste. The authority provided in this Code section shall include, but shall not be limited to:
(1) Overseeing matters relating to education activities relative to municipal solid waste reduction;
(2) Promoting activities and programs which will help the state achieve its solid waste reduction goal including, without limitation, citizen education, recycling and compost ing education programs, recycling market development, intergovernmental and re gional cooperation, local government technical assistance, solid waste management training, solid waste planning, and litter control; and

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(3) Implementing the Georgia Clean and Beautiful program.
(b) The commissioner shall establish an advisory council to assist the department in de veloping, coordinating, and implementing efforts to promote effective municipal solid waste education, recycling, and waste reduction and other activities provided for in sub section (a) of this Code section. The department shall provide staff assistance for the council. The council shall consist of 21 members appointed by the commissioner, each serving a two-year term. The commissioner shall select councilmembers in such a man ner as to represent a broad range of interests including, but not limited to, state agen cies; local governments; waste collection, handling, and disposal industries; reuse and recycling industries; composting industries; waste exchange programs; the Georgia Clean and Beautiful program; environmental groups; businesses; and private citizens. The council shall meet on the call of the commissioner and the members shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a councilmember is in attendance at a meeting of the council or a subcom mittee of the council, plus reimbursements for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for use of a personal automobile in connection with such attendance. Such per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowances, remuneration, or compensation. The council as a whole or a committee of the council shall serve as the state advisory committee for the Georgia Clean and Beautiful program.
(c) Activities of the department relative to municipal solid waste education, recycling of recovered materials, and waste reduction may be funded from the funds appropriate to the solid waste trust fund as provided in Code Section 12-8-37.1. Such funds may be utilized by the department to cover staffing and operating expenses for municipal solid waste education, recycling, and waste reduction efforts including per diem and reim bursement of travel expenses for council members."
SECTION 17.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18.
All laws and parts of laws in conflict with this Act are repealed.
Senators James of the 35th, Hooks of the 14th, Madden of the 47th and others offered the following amendment:
Amend the Senate Natural Resources Committee substitute to HB 148 by striking line 13 on page 2 and inserting in its place the following:
"(c)(l) It is the intent of the General Assembly that every".
By striking the quotation marks at the end of line 25 on page 2.
By adding between lines 25 and 26 on page 2 the following:
"(2)(A) In addition, it is the intent of the General Assembly that not later than October 171996, the Department of Natural Resources, jointly with the Department of Commu nity Affairs and in cooperation with the Georgia Environmental Facilities Authority, local government officials, private businesses, and the general public shall develop and complete a comprehensive review and revision of the state solid waste management plan authorized pursuant to Code Section 12-8-31.
(B) The revised plan provided for in subparagraph (A) of this paragraph shall provide foFthe manner in which the state will achieve the July 1, 1998, 25 percent state-wide per capita waste reduction goal provided for in Code Section 12-8-21 and shall include but not be limited to the following issues:

THURSDAY, FEBRUARY 1, 1996

283

(i) An evaluation of the effectiveness of current waste reduction programs, including waste management reporting, solid waste reduction plan guidelines, full cost-ac counting reports, and state agency procurement;
(ii) An assessment of successful programs in other states;
(iii) The amount and duration of funding required to achieve a 25 percent reduction and options for securing needed funds;
(iv) An assessment of reporting needs for achieving 25 percent waste reduction;
(v) A strategy for conducting a state-wide audit of municipal solid waste;
(vi) A strategy for providing assistance to implement the yard trimmings ban;
(vii) Assessment of technical assistance needs of local governments;
(viii) Identification of priority materials for focused reduction efforts;
(ix) State-wide market development needs for priority materials;
(x) An evaluation of the local economic and community development potential of re cycling and reuse; and
(xi) Recommendations for coordinating interagency waste reduction efforts on com mercial and industrial waste reduction.'"
On the adoption of the amendment, the yeas were 37, nays 0, and the James et al. amendment to the committee substitute was adopted.
Senators Clay of the 37th and Thompson of the 33rd offered the following amendment:
Amend the Senate Natural Resources Committee substitute to HB 148 by inserting on line 14 on page 1, following the word "ranges", the following:
", churches, or schools".
By inserting on line 3 on page 12, immediately following the word "range", the following:
"or for a solid waste processing facility on property immediately adjacent to property on which is located a church or school".
On the adoption of the amendment, the yeas were 38, nays 0, and the Clay and Thompson amendment to the committee substitute was adopted.
Senator Broun of the 46th offered the following amendment:
Amend the Senate Natural Resources Committee substitute to HB 148 by striking lines 20 through 22 on page I and inserting in lieu thereof the following:
"less and located without the permission of the governing authority of each county en compassing any part of the corporate limits of such city; to provide for the entry of.
By striking lines 9 through 27 on page 12 and inserting in lieu thereof the following:
"(c) No permit shall be issued for a solid waste disposal facility other than a permit-byrules inert landfill or a solid waste handling facility other than a material recovery facil ity located within the boundaries of any municipal corporation having a population oT T^BOO or less according to the United States decennial census of 1990 or any future sucfi census and which is not included in a regional solid waste plan or multijurisdictional solid waste plan developed pursuant to Code Section 12-8-31.1 without the express ap~ proval of the governing authority of each county encompassing any part of the boundary oTthe municipality in which the facility is proposed to be located. Such governing ai tHbrity may consider, without limitation, such factors as the impact the proposed facility will have on the infrastructure, health and welfare, economy, environment, and ecology oTthe region. The provisions of this subsection shall apply to all permit application's pending on or submitted on or after the date this subsection becomes effective and shall apply to all permits issued prior to such date, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process.' ".

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On the adoption of the amendment, the yeas were 37, nays 0, and the Broun amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Voting in the negative were Senators Blitch and Gochenour.

Those not voting were Senators:

Henson (excused]

Johnson of 1st

Thompson (excused)

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the provisions gov erning the issuance of a provisional license to a nursing home administrator licensed by an entity other than the State of Georgia. Senate Sponsor: Senator Thomas of the 10th.

THURSDAY, FEBRUARY 1, 1996

285

The Senate Health and Human Services Committee offered the following amendment:
Amend HB 280 by striking from line 14 of page 2 the following: "1995",

and inserting in lieu thereof the following: "1996".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Dean Henson (excused)

Johnson of 1st Thompson (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.
HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service. Senate Sponsor: Senator Thomas of the 10th.

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JOURNAL OF THE SENATE

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 588 (LC 21 3073) Teachers Retirement System

Dear Representative Cummings:

This bill would change the method of obtaining creditable service in the Teachers Re tirement System of Georgia for past absences due to pregnancy. This bill provides that instead of the full actuarial value, the member would pay the employee and employer con tributions with interest.

The cost of this proposed legislation would be $2,250,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This cost is the amount required each year for the next 20 years to amortize the unfunded actuarial accrued liabil ity and would be paid through state appropriations. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$ 31,945,000 $ 2,250,000 ______20

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

$______0

(5) The employer contribution rate currently in effect

11.66%

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

11.71%

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 2,250,000

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

THURSDAY, FEBRUARY 1, 1996

287

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Bowen Dean Egan

Gochenour Henson (excused) Slotin

Taylor Thompson (excused)

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

HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of independent school districts who were not members of a local retirement system.
Senate Sponsor: Senator Perdue of the 18th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 679 (LC 21 3554s) Superior Court Judges Retirement System

Dear Representative Cummings:
This bill provides that any member of the Superior Court Judges Retirement System of Georgia who is disabled after ten years of actual service as a superior court judge may retire with two-thirds of the normal retirement benefit.

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JOURNAL OF THE SENATE

If passed, this legislation would increase the normal cost to the retirement system by $2,330 in the first year in order to meet the concurrent funding requirements of OCGA 4720-50. However, since the System is currently in a well-funded position, the employer con tribution would remain at $0 if this was the only bill passed for the Superior Court Judges Retirement System. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation. Any future costs associated with this proposed legislation would be paid through state appropriations.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in
conformity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$

N/A*

$_____N/A*

_____N/A*

$

2,330

(7.67%)

(7.65%)

$_____0**

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.
** Although this bill would increase the cost to the System by $2,330 in the first year, the employer contribution would not increase since the System would remain in a wellfunded position, provided no other bills affecting the Superior Court Judges Retirement System are passed. If other bills affecting the System are passed into law, the aggre gate effect of all bills passed must be analyzed to determine if the System would remain sufficiently funded.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

Clay Crotts Day Dean Edge Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp

THURSDAY, FEBRUARY 1, 1996

289

Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin

Starr Stokes Tanksley Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Egan Henson (excused)

Taylor Thompson (excused)

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

HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and Walker of the 141st:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years. Senate Sponsor: Senator Cheeks of the 23rd.
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 November 27, 1995

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

SUBJECT: Actuarial Investigation House Bill 691 (LC 21 3528s) Teachers Retirement System

Dear Representative Cummings:

This bill provides that members of the Teachers Retirement System of Georgia may retire after obtaining 25 years of creditable service, regardless of age.

This proposed legislation would not result in any additional cost to the state because the penalties for early retirement would still apply. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$______0

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$______0

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JOURNAL OF THE SENATE

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$____N/A $______0
11.66%
11.66%
$______0

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

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Egan Henson (excused)

James Taylor

Thompson (excused) Walker

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

HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solici tors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
Senate Sponsor: Senator Starr of the 44th.

THURSDAY, FEBRUARY 1, 1996

291

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 743 (LC 21 2894) Georgia Trial Judges and Solicitors Retirement Fund

Dear Representative Cummings:

This bill would reduce the number of years that members of the Georgia Trial Judges and Solicitors Retirement Fund must make contributions for spouses' benefits from 22 years to 16 years.

The cost of this proposed legislation would be $12,100 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This is the amount necessary to fund the normal cost each year and would be paid through state appropriations. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

$______0 $______0 $_____N/A $ 12,100

(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

11.58% 11.82% $___12,100

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

Sincerely,

Isi Claude L. Vickers State Auditor

292

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Egan Henson (excused)

Johnson of 1st Taylor

Thompson (excused)

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

HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotat ed, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit. Senate Sponsor: Senator Kemp of the 3rd.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 773 (LC 21 3524s) Sheriffs' Retirement Fund of Georgia

Dear Representative Cummings:
This bill would increase the monthly retirement benefits for members of the Sheriffs' Retirement Fund of Georgia and increase the maximum monthly benefit allowed.

THURSDAY, FEBRUARY 1, 1996

293

The cost of this proposed legislation would be $300,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes $261,000 each year for the next 20 years to amortize the unfunded actuarial accrued liability and $39,000 each year to fund the normal cost. However, since the Fund is currently in a well-funded position, the employer contribution would not increase. This cost, however, assumes that the actuarial assumptions used in this investigation do not change. Any future costs re sulting from this bill would be paid through fines and bond forfeitures and through fees collected from civil actions.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 2,425,000
$ 261,000
______20
$ 39,000 fines, bond forfeitures, and fees fines, bond forfeitures, and fees
$_____0*

* Although this bill would increase the cost to the Fund by $300,000 in the first year, the employer contribution would not increase since the cumulative excess is sufficient to cover the cost of the bill.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

Cheeks Clay Crotts Day Dean Edge Farrow
Gillis Glanton Gochenour

Griffin Guhl Harbison Hooks James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land

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JOURNAL OF THE SENATE

Langford Madden Marable McGuire Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Starr

Stokes Tanksley Thomas Turner Tysinger Walker

Those not voting were Senators:

Egan Henson (excused) Hill

Middleton Slotin

Taylor Thompson (excused)

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

HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Annotated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County. Senate Sponsor: Senator Cheeks of the 23rd.
The following Fiscal Note, as required by law, was ready by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 782 (LC 19 2451) Georgia Trial Judges and Solicitors Retirement Fund

Dear Representative Cummings:

This bill would change the definition of inferior courts in the Georgia Trial Judges and Solicitors Retirement Fund to include the State Court of Richmond County.

Since the two employees affected by this legislation are already members of the Fund, this proposed legislation would not result in any additional cost to the state.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$______0

$

0

THURSDAY, FEBRUARY 1, 1996

295

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result
from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in
conformity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

____N/A

------------

$

0

11.5

11.58%

$______0

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

Sincerely,
/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Egan Henson (excused)

Middleton Slotin

Taylor Thompson (excused)

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

HB 845. By Representatives Jenkins of the 110th and Streat of the 167th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retire ment benefits.
Senate Sponsor: Senator Thomas of the 10th.

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JOURNAL OF THE SENATE

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 845 (LC 21 3260) Judges of the Probate Courts Retirement Fund

Dear Representative Cummings:

This bill would change the retirement benefits for members of the Judges of the Pro bate Courts Retirement Fund of Georgia who retire on or after July 1, 1996. Retirement benefits for these members would be calculated based on the employee's final monthly net earnings instead of the average monthly net earnings.

The cost of this proposed legislation would be $108,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes an increase of $221,000 each year for the next 30 years to amortize the unfunded actuarial accrued liabil ity and a decrease of $113,000 each year in the amount necessary to fund the normal cost. Provided this was the only bill passed for this Fund, there would be no increase in employer contributions, since the Fund could continue to meet the legal funding requirements. It should be noted that changes in the actuarial assumptions could affect the cost of this legis lation. Any future costs associated with this bill would be paid through a portion of fees, fines and bonds forfeitures.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

$ 4,921,000 $ 221,000 _____30 $ (113,000)

(5) The employer contribution rate currently in effect.

20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures

THURSDAY, FEBRUARY 1, 1996

297

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures
$_____0*

* If this bill becomes law, there would be no need to increase employer contributions since the Fund could continue to satisfy the legal funding requirements, provided, however, that no other bills affecting the Judges of the Probate Courts Retirement Fund are passed. If other bills affecting the Fund are passed into law, the aggregate effect of all bills passed must be analyzed to determine if current employer contributions are sufficient.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

Farrow Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Thomas Turner

Those not voting were Senators:

Egan Gillis Henson (excused)

Slotin Taylor Thompson (excused)

Tysinger Walker

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

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JOURNAL OF THE SENATE

HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Annotated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system. 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 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 896 (LC 21 3296) Judges of the Probate Courts Retirement Fund

Dear Representative Cummings:

This bill would increase the retirement benefits of the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia.

The cost of this proposed legislation would be $2,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This cost is the amount required each year for the next 30 years to amortize the unfunded actuarial accrued liability. Pro vided this was the only bill passed for this Fund, there would be no increase in employer contributions, since the Fund could continue to meet the legal funding requirements. It should be noted that changes in the actuarial assumptions could affect the cost of this legis lation. Any future costs associated with this bill would be paid through a portion of fees, fines and bond forfeitures.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$ 38,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$____2,000

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

_____30

(4) The amount of the annual normal cost which will result

from the bill.

$

0

THURSDAY, FEBRUARY 1, 1996

299

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

20% of all fees collected for
marriage licenses and a portion of
fines
and bond forfeitures
20% of all fees collected for marriage licenses and a portion of fines and bond forfeitures

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$_____0*

* If this bill becomes law, there would be no need to increase employer contributions since the Fund could continue to satisfy the legal funding requirements, provided, however, that no other bills affecting the Judges of the Probate Courts Retirement Fund are passed. If other bills affecting the Fund are passed into law, the aggregate effect of all bills passed must be analyzed to determine if current employer contributions are
sufficient.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Johnson of 1st Kemp
Lamutt Land Langford Madden

Marable McGuire Newbill
Oliver Perdue
Pollard Ragan Ralston
Ray Slotin Starr
Stokes Tanksley Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Black
Henson (excused) James Johnson of 2nd

Middleton Scott Taylor

Thomas Thompson (excused) Walker

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

HB 958. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia Annotated, relating to eligibility for disability payments under the Peace Officers' Annuity and Benefit Fund, so as to provide that disability benefits shall cease when a disabled member obtains certain employment in the field of law enforcement. Senate Sponsor: Senator Starr of the 44th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 958 (LC 21 3536s) Peace Officers' Annuity and Benefit Fund

Dear Representative Cummings:

This bill would authorize membership into the Peace Officers' Annuity and Benefit Fund of Georgia for certain persons hired by the Secretary of State as investigators.

The cost of this proposed legislation would be $55,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes $21,000 each year for the next 20 years to amortize the unfunded actuarial accrued liability and $34,000 each year to fund the normal cost. However, since the Fund is currently in a well-funded posi tion, the employer contribution would not increase, provided, however, this was the only bill affecting the Peace Officers' Annuity and Benefit Fund passed into law. This cost, how ever, assumes that the actuarial assumptions do not change. Any future costs associated with this bill would be paid through fines and bond forfeitures.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$ 220,000 $___21,000 ______20

THURSDAY, FEBRUARY 1, 1996

301

(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 34,000 portion of fines and bond forfeitures portion of fines and bond forfeitures
$______0*

* Although this bill would increase the cost to the Fund by $55,000 in the first year, the employer contribution would not increase. The current contribution would be sufficient to meet the minimum funding standards, provided, however this was the only bill affect ing the Peace Officers' Annuity and Benefit Fund passed into law. If other bills affecting the Fund are passed into law, the aggregate effect of all bills must be analyzed to deter mine if current employer contributions are sufficient.

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Egan Henson (excused)

Tanksley Taylor

Thompson (excused) Walker

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

302

JOURNAL OF THE SENATE

HB 977. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, so as to reduce the number of years that a member of such retirement system must serve after a break in service to be eligible for reinstatement with out the payment of a reinstatement fee.
Senate Sponsor: Senator Cheeks of the 23rd.

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 977 (LC 21 3390) Teachers Retirement System

Dear Representative Cummings:

This bill would reduce the number of years that a member of the Teachers Retirement System of Georgia must serve after a break in service in order to be eligible for reinstate ment without the payment of a reinstatement fee, provided that the member had not with drawn previous contributions.

The cost of this proposed legislation would be negligible, amounting to less than $1,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50.
It should be noted, however, that changes in the actuarial assumptions could affect the cost of this legislation. Any future costs would be paid through state appropriations.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$______0

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$______0

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

_____N/A

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

$ Less Than $1,000

(5) The employer contribution rate currently in effect.

11.66%

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

11.6

THURSDAY, FEBRUARY 1, 1996

303

(7) The dollar amount of the increase in the annual employer

contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

0

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

Sincerely,

/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

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

McGuire Middleton Newbill Oliver Perdue Pollard Ralston
Ray Scott Slotin Starr Stokes Tanksley Thomas Tysinger

Those not voting were Senators:

Blitch
Clay Egan Henson (excused)

Madden Ragan Taylor

Thompson (excused) Turner Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 978. By Representative Smith of the 169th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development. Senate Sponsor: Senator Dean of the 31st.

304

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 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 978 (LC 21 3551s) Employees' Retirement System

Dear Representative Cummings:

This bill provides that anyone becoming a member of the Employees' Retirement Sys tem of Georgia on or after July 1,1995, who, immediately prior to becoming a member, was an officer or employee of the Georgia Housing and Finance Authority, shall have the option to transfer all or part of his/her vested interest with the Authority's retirement plan to the Employees' Retirement System. Persons transferring to the Employees' Retirement Sys tem will receive creditable service based on the amount of funds transferred on behalf of the employee. The Authority is authorized, but not required, to supplement any transfer of funds.

There would be no cost to the State as a result of this legislation since the entire cost would be paid by the member and the Authority. If the Authority wishes to fully fund the creditable service to be purchased, the supplemental cost would be approximately $1,071,000 for the 153 employees of the Authority.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$______0 $______0 _____N/A $______0
15.39%
15.39%
$______0

THURSDAY, FEBRUARY 1, 1996

305

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch

Henson (excused)

Starr

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1012. By Representatives Greene of the 158th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, so as to provide for additional creditable service for prior service with such employer. Senate Sponsor: Senator Starr of the 44th.

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JOURNAL OF THE SENATE

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 1012 (LC 21 3522s) Employees' Retirement System

Dear Representative Cummings:

This bill would allow members of the Employees' Retirement System of Georgia who have prior service with the Georgia Federal-State Shipping Inspection Service to obtain up to five years of creditable service.

This proposed legislation would result in no additional cost to the State since the entire cost to obtain the creditable service would be paid by the member and the Service. The estimated lump sum cost of the Service would be $1,011,000.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$______0 $______0 _____N/A

(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

$______0 15.39%
15.39%

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$______0

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

Sincerely,

/s/ Claude L. Vickers State Auditor

THURSDAY, FEBRUARY 1, 1996

307

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Egan Henson (excused)

Hooks Scott

Taylor

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 12:15 P.M., the President announced the Senate adjourned.

308

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, February 2, 1996 Fifteenth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Gillis of the 20th.
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 dis pensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1507. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chairper son and members of the board.
HB 1517. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1130. By Representatives Walker of the 87th, Ladd of the 59th, Williams of the 114th and others:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance related fees and taxes, so as to provide that certain insur ance companies shall be exempt from certain fees and taxes.
HB 1452. By Representatives Shaw of the 176th, Dixon of the 168th, Golden of the 177th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that the owner of a beehive or his or her agent may kill bears if certain conditions are met.
HB 1300. By Representatives Sinkfield of the 57th, McKinney of the 51st, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to change the provisions regarding the use of interest earned on certain reserve funds.

FRIDAY, FEBRUARY 2, 1996

309

HB 1370. By Representatives Sinkfield of the 57th, McBee of the 88th, McClinton of the 68th and others:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of unruly or delinquent children, so as to provide au thorization to the Department of Children and Youth Services in institutions under its control and supervision; to require youth to participate in certain mor al, academic, vocational, physical, and correctional training and activities.
HB 1256. By Representatives Jamieson of the 22nd and Stephenson of the 25th:
A bill to amend Code Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing of radar devices, so as to require certain officers using such devices to notify persons of their right to view and inspect the radar reading.
HB 1086. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide for the utilization of inmates of state correctional institutions for work on outdoor as signments during inclement weather.
HB 1224. By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regula tions promulgated by the Board of Natural Resources and regulations promul gated by the administrator of the federal Environmental Protection Agency.
HB 1336. By Representatives Murphy of the 18th and Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provi sions relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congres sional districts.
HB 1243. By Representatives Snow of the 2nd, Murphy of the 18th, Streat of the 167th and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
The House had adopted by the requisite constitutional majority the following resolu tions of the House:
HR 789. By Representatives Teague of the 58th, Baker of the 70th, Epps of the 131st and others:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day.

310

JOURNAL OF THE SENATE

HR 767. By Representatives Reichert of the 126th, Randall of the 127th, Falls of the 125th and others:
A resolution commending Pilot International and designating Pilot Internation al Day in Georgia. The following bills were introduced, read the first time and referred to committees:
SB 667. By Senator Cheeks of the 23rd:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to a candidate or campaign committee or for re call of a public officer, so as to change the provisions relating to persons acting on behalf of a public utility corporation regulated by the Public Service Commis sion; to provide for an exception.
Referred to Committee on Ethics.
SB 668. By Senator Gillis of the 20th:
A bill to amend an Act creating the Board of Commissioners of Treutlen County, as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 669. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Code Section 15-10-80 of the Official Code of Georgia Annotated, relating to fees and costs in the magistrate court, so as to increase the amount of the filing fee.
Referred to Committee on Special Judiciary.
SB 670. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Article 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, so as to provide that executions shall be canceled within a certain time.
Referred to Committee on Special Judiciary.
SB 671. By Senator Thomas of the 10th:
A bill to amend Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, so as to change provisions relating to medical and physical fitness requirements for state em ployees and prospective state employees; to eliminate references to the State Employees' Health Service of the Department of Human Resources.
Referred to Committee on State and Local Governmental Operations (General).
SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.
Referred to Committee on Higher Education.

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311

SB 673. By Senators Crotts of the 17th, Langford of the 29th, Hooks of the 14th and others:
A bill of amend Code Section 48-5-300 of the Official Code of Georgia Annotated, relating to the authority of county boards of tax assessors to subpoena wit nesses, books, papers, or documents, so as to provide for records and information which shall not be subject to such authority.
Referred to Committee on Finance and Public Utilities.
SB 674. By Senators Abernathy of the 38th, Clay of the 37th, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to restrict the location of commercial establishments where nudity is exhibited; to define a certain term.
Referred to Committee on State and Local Governmental Operations (General).
SB 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates.
Referred to Committee on Corrections, Correctional Institutions and Property.
SR 499. By Senators Hooks of the 14th, Ray of the 19th and Perdue of the 18th:
A resolution creating the Senate Study Committee on More Effective DOAS Purchasing.
Referred to Committee on Appropriations.
SR 504. By Senators Langford of the 29th, Land of the 16th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly may provide that certain fines and penalties shall be paid into such fund; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Natural Resources. The following bills were read the first time and referred to committees:
HB 1086. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide for the utilization of inmates of state correctional institutions for work on outdoor as signments during inclement weather.
Referred to Corrections, Correctional Institutions and Property Committee.

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HB 1130. By Representatives Walker of the 87th, Ladd of the 59th, Williams of the 114th and others:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance related fees and taxes, so as to provide that certain insur ance companies shall be exempt from certain fees and taxes.
Referred to Insurance and Labor Committee.
HB 1224. By Representatives Porter of the 143rd and Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regula tions promulgated by the Board of Natural Resources and regulations promul gated by the administrator of the federal Environmental Protection Agency.
Referred to Natural Resources Committee.
HB 1243. By Representatives Snow of the 2nd, Murphy of the 18th, Streat of the 167th and others:
A bill to amend Part 1 of Article 5 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to commercial driveway access to the state highway system, so as to establish a maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances.
Referred to Transportation Committee.
HB 1256. By Representatives Jamieson of the 22nd and Stephenson of the 25th:
A bill to amend Code Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing of radar devices, so as to require certain officers using such devices to notify persons of their right to view and inspect the radar reading.
Referred to Judiciary Committee.
HB 1300. By Representatives Sinkfield of the 57th, McKinney of the 51st, McClinton of the 68th and Martin of the 47th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," so as to change the provisions regarding the use of interest earned on certain reserve funds.
Referred to State and Local Governmental Operations Committee.
HB 1336. By Representatives Murphy of the 18th and Benefield of the 96th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provi sions relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congres sional districts.
Referred to Ethics Committee.

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313

HB 1370. By Representatives Sinkfleld of the 57th, McBee of the 88th, McClinton of the 68th and Taylor of the 134th:
A bill to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of unruly or delinquent children, so as to provide au thorization to the Department of Children and Youth Services in institutions under its control and supervision; to require youth to participate in certain mor al, academic, vocational, physical, and correctional training and activities.
Referred to Judiciary Committee.
HB 1452. By Representatives Shaw of the 176th, Dixon of the 168th, Golden of the 177th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that the owner of a beehive or his or her agent may kill bears if certain conditions are met.
Referred to Natural Resources Committee.
HB 1507. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chairper son and members of the board.
Referred to State and Local Governmental Operations Committee.
HB 1517. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 587. Do pass as amended.
Respectfully submitted, Senator Dean of the 31st District, Chairman
Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1168. Do pass.
Respectfully submitted, Senator Dean of the 31st District, Chairman

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Mr. President:

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

SB 632. Do pass.

HB 1228. Do pass.

SB 626. Do pass.

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

Mr. President:

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

SB 613. Do pass.

HB 1099. Do pass.

HB 807. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

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

SB 368. Do pass by substitute.

SB 631. Do pass as amended.

SB 395. Do pass as amended.

SR 437. Do pass.

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

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

SB 513. Do pass as amended.

SB 608. Do pass as amended.

SB 551. Do pass by substitute.

SB 609. Do pass.

SB 605. Do pass by substitute.

HB 508. Do pass by substitute.

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

Mr. President:

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

SB 435. Do pass by substitute.

HB 749. Do pass.

HB 244. Do pass.

HB 852. Do pass.

HB 590. Do pass.

HB 1025. Do pass.

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

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315

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 650. Do pass.

SB 651. Do pass.

SB 652. Do pass.

SB 653. Do pass.

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

The following bills were read the second time:

SB 496 SB 592 SR 384 HR 332

SB 498 SB 606 SR 385

SB 520 SB 607 HB 146

SB 553 SB 618 HB 308

SB 585 SB 624 HB 695

SB 591 SB 639 HB 1199

The President assumed the Chair.
Senator Marable of the 52nd moved that Senator Ray of the 19th be excused from the Senate due to business. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Ray of the 19th 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

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

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

Those not answering were Senators:

Abernathy Johnson of 2nd

Ray (excused) Taylor

Thomas

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Day of the 48th introduced the chaplain of the day, Pastor David Grubbs of Calvary Chapel North, Gumming, Georgia, who offered scripture reading and prayer.

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The following resolution was read and adopted:
SR 505. By Senators Ray of the 19th, Perdue of the 18th, Marable of the 52nd and others:
A resolution expressing congratulations and best wishes to Lieutenant Governor Pierre Howard on the occasion of his birthday.
The President addressed the Senate extemporaneously. The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Friday, February 2, 1996
FIFTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 650 Middleton, 50th WHITE COUNTY
To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County.

SB 651 Middleton, 50th LUMPKIN COUNTY
To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County.

SB 652 Middleton, 50th UNION COUNTY
To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County.

SB 653 Middleton, 50th TOWNS COUNTY

To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Crotts

Day Dean
Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

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

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317

Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Scott Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Blitch

Clay Edge

Ray (excused)

On the passage of the local bills, the yeas were 51, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Friday, February 2, 1996 FIFTEENTH LEGISLATIVE DAY

HB 1015 Judges of the Probate Courts Retirement; spouse's option (Ret--10th) Jenkins--110th
HB 1047 Peace Officers' Annuity and Benefit; employ less than 40 hours per week (Ret--34th) Cummings--27th
HB 1070 Employees' Retirement; certain former county employees; time for obtaining credit (Ret--36th) Cummings--27th
SB 118 DUI--provide zero tolerance for those under 21 years of age (S Judy--18th)
SB 324 Education--reading, posting certain writings without censorship (Substitute) (Ed--30th)
SB 416 Volunteer Fire Departments--two or more may form nonprofit corporation (Amendment) (SLGO-G--6th)
SB 556 MARTA--terms of members of the board (SLGO-G--43rd)
SB 597 Telephone, Telegraph, Cable Service--attempting to avoid charges for (Amend ment) (ST&I--37th)
SB 641 Student Finance Commission Employees--become members of Student Finance Authority (H Ed--4th)
HB 779 Auctioneers; amend provisions (ST&I--27th) Coleman 80th
HB 1042 Richmond, County of; school or team colors or mascot (SLGO--23rd) DeLoach--119th
HB 1170 Public records; local governments; fees (SLGO-G--10th) Walker--141st
SB 460 Telephone Service--specialized devices for hearing, speech impaired (Substi tute) (YA&HE--5th)
SB 506 Elections--dates for notices of write in candidates (Substitute) (Ethics--25th)

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SB 561 Insurance--access to accident, health plans for small businesses (Substitute) (I&L--47th)
SB 594 Disposition of Unclaimed Property--abandonment of certain unpaid wages (S Judy--27th)
SR 413 Bartow County--conveyance of certain state owned property to Cartersville (Substitute) (F&PU--31st)
SR 425 CA: Senate--four-year terms (Substitute) (Ethics--35th)
SR 445 Rockdale County--lease of certain state owned property (Substitute) (F&PU--17th)
HB 1124 Tax and license fees; payment by electronic funds transfer; supporting docu ments (F&PU--44th) Buck--135th
HB 1125 Revenue Code; conform to federal code (F&PU--44th) Buck--135th
HB 1174 Real estate transfer tax; foreclosure sales; exemption (Amendment) (F&PU--44th) Murphy--18th
HB 1195 Code of Georgia; corrections (S Judy--40th) Chambless--163rd
HB 1196 Elections Code; corrections (S Judy--40th) Chambless--163rd
HB 1200 Intangible personal property assessment; taxpayer appeals (F&PU--44th) Buck--135th
HB 1253 Motor vehicles; certificate of title; repeal certain fee (F&PU--44th) Powell--23rd
HB 1263 Ginseng; registration of growers (AG--50th) Carter--166th
HB 1269 Agriculture; certain references; change to "plant pest" (Ag--llth) Floyd--138th
HB 1279 Agricultural products; dealers' bonds; time limits (Ag--14th) Ray--128th
HB 1310 Livestock dealers; redefine "livestock" (Ag--llth) Streat--167th
HB 1311 Equines; veterinary services at sales (Ag--50th) Streat--167th
HR 367 CA: Agricultural products; processing fees; industry promotion (Amendment) (Ag--llth) Reaves--178th
The following general bills were read the third time and put upon their passage:
HB 1015. By Representative Jenkins of the 110th: A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of benefits under the Judges of the Probate Courts Re tirement Fund of Georgia, so as to provide that if a member elects a certain spouses' option and his or her spouse subsequently dies or is divorced, the mem ber may revoke such election. Senate Sponsor: Senator Thomas of the 10th.

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319

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 20, 1995

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

SUBJECT: Actuarial Investigation House Bill 1015 (LC 21 3420) Judges of the Probate Courts Retirement Fund

Dear Representative Cummings:

This bill would provide that members of the Judges of the Probate Courts Retirement Fund of Georgia may revoke their election of spouses' benefits in the event of death or divorce. This bill also provides for a reelection of such benefits if a member remarries. The election may not be made until one year after the member remarries or until a child of the remarried couple is born, whichever is earlier.

The cost of this proposed legislation would be $15,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This includes $5,000 each year for the next 20 years to amortize the unfunded actuarial accrued liability and $10,000 each year to fund the normal cost. However, since the Fund is currently in a well-funded posi tion, the employer contribution would not increase, provided, however, this was the only bill affecting the Judges of the Probate Courts Retirement Fund passed into law. This cost, however, assumes that the actuarial assumptions used in this investigation do not change. Any future costs associated with this bill would be paid through fines and bond forfeitures.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.

$_____109,000
$______5,000
_________20
$_____10,000
20% of all fees collected for marriage
licenses and a portion of fines
and bond forfeitures

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(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 4720-10)
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

20% of all fees collected for marriage
licenses and a portion of fines
and bond ____forfeitures
$________0*

* Although this bill would increase the cost to the Fund by $15,000 in the first year, the employer contribution would not increase. The current contribution would be sufficient to meet the minimum funding standards, provided, however, this was the only bill affecting the Judges of the Probate Courts Retirement Fund passed into law. If other bills affecting the Fund are passed into law, the aggregate effect of all bills must be analyzed to determine if current employer contributions are sufficient.

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

Sincerely, Isi Claude L. Vickers
State Auditor

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

Those voting in the affirmative were Senators:

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

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

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Edge Ray (excused)

Slotin Starr

Taylor Walker

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

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321

HB 1047. By Representatives Cummings of the 27th and Twiggs of the 8th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the benefits retired members who are em ployed as a peace officer for less than an average of 40 hours a week shall not be affected.
Senate Sponsor: Senator Glanton of the 34th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 November 27, 1995

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

SUBJECT: Actuarial Investigation House Bill 1047 (LC 21 3532s)
Peace Officers' Annuity and Benefit Fund

Dear Representative Cummings:

This bill provides that retirement payments to members of the Peace Officers' Annuity and Benefit Fund of Georgia shall not be stopped at any time during the period July 1,1996 through June 30, 1997 for retirees who are reemployed temporarily.

Since all retired persons will continue to receive retirement benefits regardless of em ployment status, this proposed legislation does not have a cost impact on the Peace Officer's Annuity and Benefit Fund.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 4720-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$_________0
$________0
________N/A
$_________0 ------------------ portion of fines and forfeitures
portion of fines and forfeitures
$________0

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators Ray (excused) and Thomas.

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1070. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, so as to change the time in which such creditable service may be obtained.
Senate Sponsor: Senator Cheeks of the 23rd.

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323

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 1070 (LC 21 3421) Employees' Retirement System

Dear Representative Cummings:

This bill changes the deadline for employees and former employees of a county depart ment of family and children services to exercise their option to obtain creditable service in the Employees' Retirement System of Georgia.

This proposed legislation would not result in any additional cost to the State. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability for the Employees' Retirement System.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 4720-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$________0 $________0 ________N/A $_________0 ______15.39%
______15.39%
$________0

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

Sincerely,
/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Dean Egan

Griffin Ray (excused)

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

SB 118. By Senators Perdue of the 18th, Dean of the 31st, Hill of the 4th and others:

A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for a zero tolerance for drivers under the age of 21.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Glanton Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

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

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325

Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Egan Gillis

Griffin Ray (excused)

Scott

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

SB 324. By Senators McGuire of the 30th, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents.
The Senate Education Committee offered the following substitute to SB 324:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to authorize the read ing or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 31 to read as follows:
"ARTICLE 31
20-2-2060. This article shall be known and may be cited as the 'American Heritage in Education Act.' 20-2-2061. (a) Local school boards may allow and encourage any teacher or administrator in a public school district of this state to read or post in a public school building or classroom or at an event sponsored by a public school or public school district excerpts, portions, or replicas of the following affirmations or documents of American heritage:
(1) The United States Constitution, including the preamble; (2) The Constitution of Georgia, including the preamble;
(3) The Declaration of Independence; (4) The Mayflower Compact; (5) The national motto, 'In God We Trust';
(6) The national anthem; (7) The Pledge of Allegiance;
(8) The writings, speeches, documents, and proclamations of any of the signers of the Declaration of Independence, signers of the Constitution of the United States, or Presi dents of the United States;

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(9) United States Supreme Court decisions; and
(10) Acts of the United States Congress.
(b) There shall be no content based censorship of American history or heritage in this state based on religious or other references in these writings, documents, affirmations, or records.
20-2-2062.
On July 1, 1996, a copy of this article shall be distributed to all school districts in the state by the State School Superintendent, whereupon local superintendents shall then distribute it to all schools within the local school district."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 10th offered the following amendment:
Amend the committee substitute to SB 324 as follows: Delete lines 8-13 on page 2.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Brown of 26th Griffin Harbison

James Oliver Scott Slotin

Stokes Thomas Walker

Those voting in the negative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Guhl Hill Hooks Johnson of 1st Kemp Lamutt Land Langford

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

Those not voting were Senators:

Henson Johnson of 2nd

Madden Middleton

Ray (excused)

On the adoption of the amendment, the yeas were 11, nays 40, and the Thomas amend ment to the committee substitute lost.
Senator Langford of the 29th offered the following amendment:
Amend the committee substitute to SB 324 by striking on page 1, lines 19 through 25 in their entirety;
By adding back, beginning on line 19 "(a) Local school boards may allow and encourage any teacher in a public school district of this State to read or post, during the teaching of a relative history course, in the teacher's classroom, excerpts, portions or replicas of the fol lowing affirmations or documents of American heritage:"

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Senators Middleton of the 50th and Langford of the 29th offered the following amendment:
Amend the Langford amendment to SB 324 by removing the word "history" on line 7.
On the adoption of the amendment to the amendment, the yeas were 33, nays 5, and the Middleton amendment to the Langford amendment was adopted.
On the adoption of the Langford amendment to the committee substitute, Senator McGuire of the 30th called for the yeas and nays; the call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Broun of 46th Brown of 26th Griffin Harbison

Langford Middleton Oliver Scott

Slotin Stokes Thomas Walker

Those voting in the negative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Guhl Henson Hill Hooks Johnson of 1st Kemp Lamutt Land

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

Those not voting were Senators:

James Johnson of 2nd

Madden Ray (excused)

On the adoption of the amendment, the yeas were 13, nays 39, and the Langford amendment to the committee substitute lost.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Day Dean Edge
Egan Farrow
Gillis Glanton Gochenour Guhl
Henson Hill

Hooks Johnson of 2nd Johnson of 1st
Kemp Lamutt
Land Madden Marable McGuire
Middleton Newbill

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Perdue Pollard Ragan Ralston

Scott Starr Tanksley Taylor

Those voting in the negative were Senators:

Abernathy Brown of 26th Griffin

James Langford Slotin

Those not voting were Senators:

Harbison

Oliver

Thomas Thompson Turner Tysinger
Stokes Walker
Ray (excused)

On the passage of the bill, the yeas were 45, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator McGuire of the 30th moved that SB 324 be immediately transmitted to the House.
On the motion, the yeas were 39, nays 2, and SB 324 was immediately transmitted to the House.
Senator Gillis of the 20th moved that Senator Thompson of the 33rd be excused from the Senate to attend a meeting. On the motion, the yeas were 34, nays 0, and Senator Thompson was excused.
Senator Edge of the 28th moved that Senator Cagle of the 49th be excused from the Senate due to business in his District. On the motion, the yeas were 34, nays 0, and Senator Cagle was excused.
The Calendar was resumed.

SB 416. By Senator Boshears of the 6th:

A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corpora tion to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith.

Senator Boshears of the 6th offered the following amendment:
Amend SB 416 by adding after the period at the end of line 27 of page 1 the following:
"Each nonprofit corporation shall keep accounts which shall be subject to annual audits by the state auditor or a certified public accountant appointed by the state auditor."
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis

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Glanton Gochenour Guhl Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

Those not voting were Senators:

Cagle (excused) Griffin

Harbison James

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

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

SB 556. By Senators Stokes of the 43rd, Oliver of the 42nd, James of the 35th and Thomas of the 10th:

A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Au thority Act of 1965," as amended, so as to change the provisions relating to the terms of members of the board of directors of the Authority; to provide an effec tive date.

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

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Brown of 26th Burton Cheeks Clay Crotts Dean Egan Farrow Gillis Glanton Gochenour
Griffin

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

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

Those not voting were Senators:

Abernathy Blitch Broun of 46th Cagle (excused)

Day Edge Ray (excused)

Taylor Thompson (excused) Walker

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

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SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:

A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.

The Senate Science, Technology and Industry Committee offered the following amendment:
Amend SB 597 by adding on line 30 of page 3 between the word "agency" and the word "in" the following:
"or telecommunication service provider".
On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted.
Senator Clay of the 37th offered the following amendment:
Amend SB 597 at page 2, line 41 after the word "telephone" add "or telephone service or cable television service (CATV)."
On the adoption of the amendment, the yeas were 36, nays 0, and the Clay amendment to SB 597 was adopted.
Senator Clay of the 37th offered the following amendment:
Amend SB 597 by deleting the words "or telegraph service or cable television service (CATV)" at lines 33 and 34 of page 1 after "46-5-3."
On the adoption of the amendment, the yeas were 37, nays 0, and the Clay amendment to SB 597 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Cagle (excused) Ray (excused)

Starr Stokes

Thompson (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.

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SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commission; to change the provisions relating to the powers and duties of the Georgia Student Finance Authority; to provide additional powers for such authority.

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

Those voting in the affirmative were Senators:

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

Farrow Gillis Glanton Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Kemp Lamutt Land Madden Marable McGuire

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

Those not voting were Senators:

Cagle (excused) Gochenour Henson

Johnson of 1st Langford Ragan

Ray (excused) Thompson (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Taylor of the 12th moved that Senator Middleton of the 50th be excused from the Senate due to emergency transportation problems. On the motion, the yeas were 34, nays 0, and Senator Middleton was excused.

HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete certain obsolete provisions; to change the provisions relating to qualifications for licenses.
Senate Sponsor: Senator Gochenour of the 27th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Black Blitch

Boshears Bowen

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Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire

Those not voting were Senators:

Cagle (excused) Johnson of 1st Middleton (excused)

Ray (excused) Scott

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

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Thomas of the 10th moved that the following bill be committed to State and Local Governmental Operations Committee:

HB 1042. By Representatives DeLoach of the 119th, Williams of the 114th, Howard of the 118th and Brown of the 117th:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to provide requirements and procedures for the change of any symbolic color, colors, or mascot of any public school or of any athletic team of any public school of the Richmond County School District.
On the motion, the yeas were 41, nays 2, and HB 1042 was committed to the State and Local Governmental Operations Committee.

HB 1170. By Representatives Walker of the 141st, Royal of the 164th and Bostick of the 165th:

A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agencies, boards, bureaus, commissions, authorities, and similar bodies.
Senate Sponsor: Senator Thomas of the 10th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Bowen

Broun of 46th Brown of 26th Burton Cheeks Clay

Crotts Day Dean Edge Egan

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333

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Newbill Oliver Perdue Pollard Ragan

Voting in the negative was Senator Boshears.

Those not voting were Senators:

Cagle (excused) Henson

Middleton (excused) Ray (excused)

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

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

SB 460. By Senator Burton of the 5th:
A bill to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to provide for purchase and dis tribution of specialized telecommunications devices to certain persons who are hearing, speech, mobility, or dual sensory impaired; to define certain terms; to provide legislative findings and declarations; to authorize contracts for adminis tration of the specialized telecommunications device distribution program.
Senator Boshears of the 6th moved that SB 460 be placed on the Table:
On the motion, the yeas were 43, nays 0, and SB 460 was placed on the Table.

SB 506. By Senator Griffin of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for general elections for state and county officers; to change the requirements relating to advertisement of a write-in candidacy; to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs.
The Senate Ethics Committee offered the following substitute to SB 506:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for general elections for state and county officers; to change the requirements relating to advertisement of a write-in candidacy; to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs and the results of such tests are negative; to provide for procedures and other mat ters in connection with such certification; to provide that a write-in candidate shall not be eligible for election to a state office unless he or she presents such certificate for filing at the time of filing of the notice of intention of write-in candidacy; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-133, relating to notice of intent of write-in candidacy, and inserting in lieu thereof new subsections to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given 20 or more days before a special election or, in the case of a general election, no later than the Tuesday after the first Monday in September immediately prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In the case of officers elected state wide or by congressional district in a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or
(2) In the case of state officers elected other than state wide or by congressional 'district in a state general or special election, to the Secretary of State and by publica tion in the legal organ of each county in the geographic area represented by the office for which such write-in candidate is offering for election; or
{8X3) In a general or special election of county officers, to the superintendent of elec tions" in the county in which he or she is to be a candidate and by publication in the official organ of the same county^
(b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1), or (2), or (3) of subsec tion (a) of this Code section, a copy of the notice or notices as published with an affida vit or affidavits stating that the notice or notices have has been published and including the name of the newspaper or newspapers and the date or dates of publica tion, not later than the fifth day after the deadline for filing and publishing such notice or notices. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher."
SECTION 2.
Said title is further amended by striking Code Section 21-2-140, relating to mandatory drug testing for candidates, and inserting in lieu thereof a new Code Section 21-2-140 to read as follows:
"21-2-140.
(a) As used in this Code section, the term:
(1) 'Candidate' means any person seeking to qualify for nomination or election to a state office in this state.
(2) 'Established drug test' means the collection and testing of bodily fluids adminis tered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'Illegal drug" means marijuana or any of the following controlled substances in cluded in Schedule I or II of Code Section 16-13-25 or 16-13-26: cocaine; opiates; am phetamines; or phencyclidines, except when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.

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(4) 'State office' includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Com missioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Ser vice Commission.
(5) Write-in candidate' means any person filing a notice of intention of write-in candi dacy pursuant to Code Section 21-2-133.
(b) Each candidate or write-in candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualificiation or election be required to certify that such candidate or write-in candidate has tested negative for illegal drugs.
(c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stat ing that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Each write-in candidate shall file with the Secretary of State, at the same time the notice of intention of write-in candidacy is filed, a certificate stating that such write-in candidate has been tested within the preceding 30 days for illegal drugs as required by this Code section and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates or write-in candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate or write-in candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $50.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification. No write-in candidate shall be eligible for election to a state office and no votes cast for such a candidate shall be counted unless he or she presents such certificate for filing at the time of filing the notice of intention of write-in candidacy.
(d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate quali fies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years.
(e) The commissioner of human resources shall be authorized to establish guidelines gov erning the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests.
(f) The commissioner of human resources and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch

Boshears Bowen

Brown of 26th Burton

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Cheeks Crotts
Dean Egan Farrow Gillis Griffin Harbison Henson Hill

Hooks James
Johnson of 2nd Kemp Land Langford Madden Marable Perdue Pollard

Ragan Slotin
Starr Stokes Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Day Edge Glanton

Gochenour Guhl Johnson of 1st Lamutt

Those not voting were Senators:

Broun of 46th Cagle (excused) Clay

Middleton (excused) Oliver Ray (excused)

McGuire Newbill Ralston Tanksley
Scott Turner

On the passage of the bill, the yeas were 35, nays 13.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 561. By Senators Madden of the 47th, Ray of the 19th, Walker of the 22nd and Taylor of the 12th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to provide defini tions; to provide for access to accident and sickness insurance plans for small employers and self-employed individuals; to provide for applicability; to require certain disclosures in the offering or sale of small employer health benefit plans.
The Senate Insurance and Labor Committee offered the following substitute to SB 561:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for legislative intent; to provide definitions; to provide for access to accident and sickness insurance plans for small employers and selfemployed individuals; to provide for applicability; to require certain disclosures in the offer ing or sale of small employer health benefit plans; to provide for rating practices for such plans; to prohibit certain acts; to provide certain requirements relative to small employer carriers and agents; to authorize certain exemptions; to provide for rules and regulations to be promulgated by the Commissioner of Insurance; 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 the regulation of insurance, is amended by adding a new Chapter 56 to read as follows:

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"CHAPTER 56 ARTICLE 1
33-56-1.
The purpose and intent of this article are to promote the portability of and accessibility to accident and sickness insurance coverage for small employers, to require disclosure of rating practices to purchasers, and to improve the overall fairness and efficiency of the small employer health insurance market.
33-56-2.
As used in this article, the term:
(1) 'Agent' shall be defined as provided in Code Section 33-23-1.
(1.1) 'Carrier' or 'small employer carrier' means any entity that provides health insur ance to small employers in this state. For the purposes of this article, carrier includes an insurance company, hospital or medical service corporation, health care plan as defined in Code Section 33-20-1, fraternal benefit society, health maintenance organi zation, or any other licensed entity providing a plan of health insurance or health bene fits subject to state insurance regulation.
(2) 'Commissioner' means the Commissioner of Insurance of this state.
(3) 'Eligible employee' means an employee who works on a full-time basis and has a normal work week of 30 or more hours, except that, at the employer's sole discretion, the term shall also include an employee who works on a full-time basis with a normal work week of anywhere between at least 17 1/2 hours and 30 hours, so long as this eligibility criterion is applied uniformly among all of the employer's employees. The term includes a partner of a partnership and an independent contractor if the partner or independent contractor is included as an employee under a health benefit plan of a small employer but does not include an employee who works on a temporary or substi tute basis or who works less than 17 1/2 hours per week. Persons covered under a health benefit plan pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1986 shall not be considered eligible employees for purposes of minimum participa tion requirements.
(4) 'Health benefit plan' means any hospital or medical policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health mainte nance organization subscriber contract. Health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; policies issued in accordance with Code Section 34-9-14 or 34-9-122.1; limited accident and sickness insurance policies such as credit, dental, vision, medicare supplement, longterm care, hospital indemnity, or specified disease insurance; coverage issued as a sup plement to liability insurance; workers' compensation or similar insurance; or automo bile medical payment insurance.
(5) 'Late enrollee' means an eligible employee or dependent who requests enrollment in a health benefit plan of a small employer following the initial enrollment period during which the individual is entitled to enroll under the terms of the health benefit plan, provided that such initial enrollment period is a period of at least 30 days. An eligible employee or dependent who voluntarily leaves an employer's group coverage without being covered by another health plan will be considered a late enrollee if he or she later reapplies for the employer's group coverage. However, an eligible employee or depen dent shall not be considered a late enrollee if:
(A) The individual meets each of the following:
(i) The individual was covered under similar coverage at the time of the initial enrollment;
(ii) The individual lost coverage under similar coverage as a result of termination of employment or eligibility of a spouse or the individual, involuntary termination of the similar coverage, death of a spouse, or divorce; and

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(iii) The individual requests enrollment within 30 days after termination of the similar coverage;
(B) Where provided for in contract or where otherwise provided in state law, the individual enrolls during the specified bona fide open enrollment period;
(C) The individual is employed by a small employer that offers multiple health bene fit plans and elects a different plan during an open enrollment period; or
(D) A court has ordered coverage to be provided for a spouse or minor or dependent child under a covered employee's health benefit plan and the request for enrollment is made within 30 days after issuance of the court order.
(6) 'Preexisting condition' shall not be defined more restrictively than the existence of symptoms which would cause an ordinarily prudent person to seek diagnosis, care, or treatment or a condition for which medical advice or treatment was recommended by or received from a provider of health care services within 12 months preceding the effective date of coverage of the insured.
(7) 'Premium' means all moneys paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan.
(8) 'Similar coverage' shall be defined as provided in Code Section 33-30-15.
(9) 'Small employer' means any person, firm, corporation, partnership, association, political subdivision or sole proprietor that is actively engaged in business that, at the time of application, on at least 50 percent of its working days during the preceding calendar quarter, employed no fewer than two and no more than 100 eligible employ ees, in which a bona fide employer-employee relationship exists. In determining the number of eligible employees, companies that are affiliated companies or companies that are eligible to file a combined tax return for purposes of state taxation shall be considered one employer. Subsequent to the issuance of a health benefit plan to a small employer and for the purpose of determining eligibility, the size of a small em ployer shall be determined annually. Except as otherwise provided, provisions of this article that apply to a small employer shall continue to apply at least until the plan anniversary following the date the small employer no longer meets the requirements of this definition. Nothing in this chapter shall be construed to prohibit a carrier from including self-employed individuals in its definition of small employer.
33-56-3.
(a)(l) Every small employer carrier shall, as a condition of transacting health benefit plan business in this state with small employers, actively offer to small employers all health benefit plans it actively markets to small employers in this state. A small em ployer carrier shall be considered to be actively marketing a health benefit plan if it offers that plan to any small employers not currently receiving a health benefit plan by such small employer carrier.
(2) Subject to subsection (a)(l) of this Code section, a small employer carrier shall issue any health benefit plan to any eligible small employer that applies for such plan and agrees to make the required premium payments and to satisfy the other reasonable provisions of the health benefit plan not inconsistent with this article.
(b) A health benefit plan covering small employers shall comply with the following provisions:
(1) Any health benefit plan issued shall be subject to all applicable portability provi sions specified in Code Section 33-30-15.
(2) A health benefit plan may exclude coverage for late enrollees for preexisting con ditions for a period not to exceed 24 months;
(3)(A) Except as provided in subparagraph (d) of this paragraph, requirements used by a small employer carrier in determining whether to provide coverage to a

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small employer, including requirements for minimum participation of eligible em ployees and minimum employer contributions, shall be applied uniformly among all small employers with the same number of eligible employees applying for cov erage or receiving coverage from the small employer carrier.
(B) A small employer carrier may vary application of minimum participation re quirements only by the size of the small employer group.
(C)(i) Except as provided in division (ii) of this subparagraph, in applying mini mum participation requirements with respect to a small employer, a small em ployer carrier shall not consider employees or dependents who have similar coverage in determining whether the applicable percentage of participation is met.
(ii) With respect to a small employer, a small employer carrier may consider employees or dependents who have coverage under another health benefit plan sponsored by such small employer in applying minimum participation requirements.
(D) A small employer carrier shall not increase any requirement for minimum em ployee participation or modify any requirement for minimum employer contribu tion applicable to a small employer at any time after the small employer has been accepted for coverage, unless the small employer carrier modifies their entire block of small employer health benefit plans, but nothing shall prohibit a carrier from waiving minimum participation or contribution requirements; and
(4)(A) If a small employer carrier offers coverage to a small employer, the small employer carrier shall offer coverage to all of the eligible employees of a small employer and their dependents. A small employer carrier shall not offer coverage to only certain individuals or dependents in a small employer group or to only part of the group, except in the case of late enrollees as provided in paragraph (3) of this subsection.
(B) Except as permitted under paragraphs (1), (2), and (3) of this subsection, a small employer carrier shall not modify a health benefit plan with respect to a small employer or any eligible employee or dependent through riders, endorse ments, or otherwise to restrict or exclude coverage for certain diseases or medical conditions otherwise covered by the health benefit plan.
(c) A small employer carrier shall not be required to offer coverage or accept applica tions pursuant to paragraph (2) of subsection (a) of this Code section in the case of the following:
(1) To a small employer, where the small employer is not physically located in the carrier's established geographic service area;
(2) To an employee, when the employee does not work or reside within the carrier's established geographic service area; or
(3) Within an area where the small employer carrier reasonably anticipates, and demonstrates to the satisfaction of the commissioner, that it will not have the capac ity within its established geographic service area to deliver service adequately to the members of the such groups because of its obligations to existing group policyholders and enrollees.
(d) A small employer carrier that cannot offer coverage pursuant to paragraph (3) of subsection (c) of this Code section may not offer coverage in the applicable area to new cases of employer groups with more than 100 eligible employees or to any small em ployer groups until the later of 180 days following each such refusal or the date on which the carrier notifies the commissioner that it has regained capacity to deliver services to small employer groups.

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(e) A small employer carrier may deny coverage to a small employer for up to 12 months if that small employer lost coverage through failure to pay premiums, follow ing three terminations and reinstatements within a 12 month period.
(f) A small employer carrier shall not be required to offer coverage to a small employer if that small employer lost coverage through material misrepresentation or fraud.
(g) After October 1,1997, employees of a small employer seeking to change from a selffunded or partially self-funded plan to a fully insured plan may be treated as late enrollees.
(h) Employees and dependents may be limited to making elective changes to benefit levels only on the anniversary date of coverage. If such election results in an increase in benefits, whether or not the premium increases, the carrier may apply a new preex isting condition restriction on the increased benefits.
33-56-4.
(a) This article shall apply to any health benefit plan issued, renewed, delivered, or issued for delivery to a small employer on and after October 1, 1996, that provides coverage to the employees residing or working in this state, whether or not the small employer is located in this state if any of the following conditions are met:
(1) Any portion of the premium or benefits is paid by or on behalf of the small employer;
(2) An eligible employee or dependent is reimbursed, whether through wage adjust ments or otherwise, by or on behalf of the small employer for any portion of the premium;
(3) The health benefit plan is treated by the employer or any of the eligible employ ees or dependents as part of a plan or program for the purposes of Section 162, Sec tion 125, or Section 106 of the United States Internal Revenue Code; or
(4) The health benefit plan is marketed to individual employees through an employer or at the small employer's place of business, including the list billing of individual policies.
(b) Except as provided in subsection (c) of this Code section, for the purposes of this article, carriers that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one carrier, and any restrictions or limitations imposed by this article shall apply as if all health benefit plans of such affiliated carriers were issued by one carrier.
(c) An affiliated carrier that is a health maintenance organization having a certificate of authority under Chapter 21 of this title may be considered to be a separate carrier for the purposes of this article.
(d) Unless otherwise authorized by the Commissioner, a small employer carrier shall not enter into one or more ceding arrangements with respect to health benefit plans delivered or issued for delivery to small employers in this state if such arrangements would result in less than 50 percent of the insurance obligation or risk for such health benefit plans being retained by the ceding carrier. 33-56-5.
(a) In connection with the offering for sale of any health benefit plan to a small em ployer, a small employer carrier shall make a reasonable disclosure, as part of its solic itation and sales materials, of all of the following:
(1) The extent to which premium rates for a specified small employer are established or adjusted based upon Code Section 33-56-20;
(2) The provisions of the health benefit plan concerning the small employer carrier's right to change premium rates and factors, other than claims experience, that affect changes in premium rates;
(3) The provisions relating to renewability of policies and contracts;

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(4) The provisions relating to any preexisting condition provision; and
(5) A listing of and descriptive information about all benefit plans for which the small employer is qualified.
(b)(l) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions, are in accordance with sound actuarial principles, and are in accordance with Code Section 33-56-20.
(2) Each small employer carrier shall file with the Commissioner within 90 days of the effective date of this chapter, and thereafter annually on or before March 15, an actuarial certification certifying that the carrier is in compliance with this chapter and that the rating methods of the small employer carrier are actuarially sound. Such certification shall be in a form and manner and shall contain such information as specified by the Commissioner. A copy of the certification shall be retained by the small employer carrier at its principal place of business.
(3) A small employer carrier shall make the information and documentation de scribed in paragraph (1) of this subsection available to the Commissioner upon re quest. Except in cases of violations of this chapter, the information shall be considered proprietary and trade secret information and shall not be subject to dis closure by the Commissioner to persons outside of the Department of Insurance ex cept as agreed to by the small employer carrier or as ordered by a court of competent jurisdiction.
(c) Small employers may band together in voluntary purchasing groups to purchase health insurance and the health benefit plans offered by or through such purchasing groups shall be subject to the provisions of this chapter and rules and regulations promulgated by the Commissioner of Insurance.
33-56-6.
(a) Subject to paragraph (1) of subsection (a) of Code Section 33-56-3, each small em ployer carrier shall actively market all health benefit plans sold by the carrier to eligi ble small employers in the state.
(b)(l) Except as provided in paragraph (2) of this subsection, no small employer car rier or agent shall, directly or indirectly, engage in the following activities:
(A) Encouraging or directing small employers to refrain from filing an application for coverage with the small employer carrier because of the health status, claims experience, industry, occupation, or geographic location of the small employer; or
(B) Encouraging or directing small employers to seek coverage from another car rier because of the health status, claims experience, industry, occupation, or geo graphic location of the small employer.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to information provided by a small employer carrier or agent to a small employer re garding the established geographic service area or a restricted network provision of a small employer carrier.
(c)(l) Except as provided in paragraph (2) of this subsection, no small employer car rier shall, directly or indirectly, enter into any contract, agreement, or arrangement with an agent that provides for or results in the compensation paid to an agent for the sale of a health benefit plan to be varied because of the initial or renewal health status, claims experience, industry, occupation, or geographic location of the small employer.
(2) Paragraph (1) of this subsection shall not apply with respect to a compensation arrangement that provides compensation to an agent on the basis of percentage of

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premium, provided that the percentage shall not vary because of the health status, claims experience, industry, occupation, or geographic area of the small employer.
(d) No small employer carrier may terminate, fail to renew, or limit its contract or agreement of representation with an agent for any reason related to the initial or re newal health status, claims experience, occupation, or geographic location of the small employers placed by the agent with the small employer carrier other than the misrep resentation of such information by the agent on an application or related documents.
(e) A small employer carrier or agent may not induce or otherwise encourage a small employer to separate or otherwise exclude an employee or dependent from health cov erage or benefits provided in connection with the employee's employment.
(f) Denial by a small employer carrier of an application for coverage from a small em ployer shall be in writing and shall state the reason or reasons for the denial.
(g) If a small employer carrier enters into a contract, agreement or other arrangement with a third-party administrator to provide administrative, marketing, or other serv ices related to the offering of health benefit plans to small employers in this state, the third-party administrator shall, to the extent of the obligations covered by the contract, be subject to this Code section as if it were a small employer carrier.
33-56-7.
The Commissioner may issue regulations in accordance with Code Section 33-2-9 for the implementation and administration of this article. 33-56-8.
(a) This article does not apply to insurance arrangements or union trusts established pursuant to the federal Taft-Hartley Act.
(b) This article does not apply to employee benefit plans established in accordance with the federal Employee Retirement Income Security Act of 1974.
ARTICLE 2
33-56-20.
(a) As used in this Code section, the term 'small group' means a group or subgroup of 100 or fewer employees, members, or enrollees.
(b) Except as otherwise provided in this Code section, the claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or as a reason for termination of any individual group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under sepa rate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under mul tiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or grouptype coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both.
(d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, area, industry, family composition, and avocational factors may be considered in the ini tial and renewal rating of each small group. Durations since issue and tier factors may

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not be considered. Notwithstanding subsection (b) of this Code section, the total pre mium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 20 percent based upon individual small group experience fac tors. Prior to consideration of any other allowable factors, the rate for any age/sex band shall be no more than 400 percent of the lowest rate for all age/sex bands.
(e) This Code section shall not apply to:
(1) Policies issued to an employer in another state which provides coverage for employ ees of this state employed by such employer policyholder;
(2) A policy negotiated in connection with a collective bargaining agreement; or
(3) Limited benefit insurance policies. For the purposes of this Code section, the term limited benefit insurance' means accident and sickness insurance designed, adver tised, and marketed to supplement major medical insurance. Limited benefit insur ance includes accident only, Champus supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medi cal-surgical expense, or major medical insurance."
SECTION 2.
Said title is further amended by adding after Code Section 33-29-20 a new Code Section 3329-21 to read as follows:
"33-29-21.
(a) As used in this Code section, the term:
(1) 'Self-employed individual' means an individual or sole proprietor who derives a ma jority of his or her income from a trade or business through which the individual or sole proprietor has attempted to earn taxable income and for which he or she has filed the appropriate Internal Revenue Service Form 1040, Schedule C or F, for the previous taxable year. In the event an individual or sole proprietor does not possess an IRS Form 1040 for the previous year, status as a self-employed individual may be deter mined by the existence of a tax identification number, applicable business license, quarterly self-employment tax filing, or a combination of such indicia.
(2) 'Similar coverage' shall be defined as provided in Code Section 33-30-15.
(b) Effective July 1, 1996, a self-employed individual who applies for individual health plan coverage within 30 days of loss of eligibility under any similar coverage under a group health plan may not be declined for enrollment in an individual health plan based on the health status, medical condition, claims experience, or evidence of insurability, except as described in subsection (c) of this Code section, provided that the similar cover age has been in effect for a period of at least 12 months immediately prior to the date of application.
(c) The provisions of subsection (b) of this Code section shall not apply to a self-employed individual who is eligible for coverage under a group health plan; has had coverage ter minated under a group health plan for failure of the individual to make required pre mium payments or contributions or for fraud or material misrepresentation; or is otherwise eligible for continuous coverage under group continuation or COBRA provi sions. Nothing in this Code section shall be construed to be in conflict with Code Section 33-30-15."
SECTION 3.
Said title is further amended by striking Code Section 33-30-12, relating to rating stan dards and requirements for accident and sickness insurance of small groups, and inserting in its place the following:

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"33-30-12. Reserved."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative were Senators Gochenour and Langford.

Those not voting were Senators:

Cagle (excused)

Middleton (excused)

Ray (excused)

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 594. By Senators Gochenour of the 27th and Langford of the 29th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the presumption of abandonment of certain unpaid wages; to provide for the disposi tion of such wages.

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

Cheeks Clay Crotts
Day

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345

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

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Newbill Oliver Perdue Pollard

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

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

Those not voting were Senators:

Cagle (excused) Langford

Middleton (excused) Ray (excused)

On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed.

SR 413. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Cartersville.
The Senate Finance and Public Utilities Committee offered the following substitute to SR 413:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Cartersville; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain real property containing approximately 2.5 acres located in the City of Cartersville, Bartow County, Georgia;
(2) Said real property is described as follows:
All those certain tracts or parcels of land situate, lying and being in the City of Car tersville, Georgia, and in Land Lot 455 of Bartow County, Georgia, and being more particularly described as the depot tracts lying on either side of the mainline of the Western and Atlantic Railroad Valuation Map No. V2/S21 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly de scribed on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Carters ville and presented to the State Properties Commission for approval);
(3) The State of Georgia currently has a portion of the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and
(4) The City of Cartersville is interested in using the depot and adjoining property for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
That the State of Georgia is the owner of the above-described real property in Bartow County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in a portion of said property to the State of Georgia by appropriate instrument.
SECTION 3.
That the conveyance of the above-described real property shall be conditioned upon the City of Cartersville releasing its interest in that portion of the above-described property presently leased to the City of Cartersville by CSX Transportation, Inc.
SECTION 4.
That the State of Georgia, acting by and through its State Properties Commission, is au thorized to convey the above-described real property by appropriate instrument to the City of Cartersville for a consideration of $10.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
SECTION 5.
That the above-described real property is conveyed only for public purposes by the City of Cartersville and its successors and assigns to continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for pub lic purposes be permanently discontinued, said real property shall revert to the State of Georgia.
SECTION 6.
That the conveyance of said property shall be conditioned upon the City of Cartersville constructing a railroad depot facility to the requirements of CSX Transportation, Inc., as replacement for subject property depot and the deeding of such depot to the State of Georgia as consideration for the State of Georgia and CSX Transportation, Inc., vacating the present depot site.
SECTION 7.
That if the City of Cartersyille determines the need to convey all or a portion of the abovedescribed property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission ap proval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
SECTION 8.
That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 9.

That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire April 30, 1999.

SECTION 10.

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

SECTION 11.

That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Broun of 46th Cagle (excused)

James Middleton (excused) Ray (excused)

Scott Tysinger

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., and at that time, pursuant to HR 822, adjourn until 10:00 A.M. Monday, February 5, 1996; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Monday, February 5, 1996 Sixteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, February 2, 1996 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1344. By Representatives Bannister of the 77th and Crews of the 78th:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change certain procedures with respect to the consideration and adoption of city ordinances.
HB 1520. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1521. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1523. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act consolidating the laws pertaining to the governing au thority of Carroll County, so as to change certain age and residency qualifica tions and election requirements for members of that governing authority.
HB 1524. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
HB 1527. 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 City of Lithia Springs, and not a designee of the mayor, shall be an ex-officio member of the authority board of directors.

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HB 1528. By Representative James of the 140th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to change the compensation of the chairperson and members of such board.
HB 1529. By Representatives Smith of the 109th, Sanders of the 107th and Maddox of the 108th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council.
HB 1533. By Representatives Brush of the 112th and McCall of the 90th:
A bill to create a board of elections and registration for Lincoln County.
HB 1475. By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and others:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted.
HB 1169. By Representatives Walker of the 141st, Murphy of the 18th, Baker of the 70th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia State Museum Authority; to create the Georgia State Museum Authority Overview Committee of the General Assembly.

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 769. By Representatives Godbee of the 145th, Murphy of the 18th, Smyre of the 136th and others:
A resolution creating a Blue Ribbon Study Committee on Funding of the "Quali ty Basic Education Act".
HR 873. By Representative Birdsong of the 123rd:
A resolution expressing appreciation to Georgia's World War I veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. "Sloppy" Floyd Veterans Memorial Building.
HR 804. By Representative Barnard of the 154th:
A resolution designating the J. Max Cheney Memorial Bridge.

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The following bills were introduced, read the first time and referred to committees:
SB 676. By Senator Henson of the 55th: A bill to amend Article 3 of Chapter 2 of Title 20, relating to local boards of education, so as to change per diem and health insurance coverage.
Referred to Committee on Education.
SB 677. By Senators Day of the 48th and Newbill of the 56th: A bill to amend Code Section 28-2-2, relating to apportionment for the Senate, so as to provide for the description of senatorial districts 48 and 56.
Referred to Committee on Reapportionment.
SB 678. By Senators Perdue of the 18th, Marable of the 52nd and others: A bill to amend Chapter 11 of Title 16, relating to the carrying and possession of firearms, so as to change the provisions on carrying a concealed weapon.
Referred to Committee on Public Safety.
SB 679. By Senators Stokes of the 43rd, Ray of the 19th and Henson of the 55th: A bill to amend Chapter 24 of Title 33, relating to insurance, so as to provide an insurer may not refuse to renew a policy on residential property or an accident policy because of family violence reports.
Referred to Committee on Insurance and Labor.
SB 680. By Senator Madden of the 47th and Walker of the 22nd: A bill to amend Chapter 11 of Title 31, relating to emergency medical services.
Referred to Committee on Health and Human Services.
SB 681. By Senators Gochenour of the 27th, Perdue of the 18th and others: A bill to amend Chapter 3 of Title 19, relating to marriage, so as to prohibit marriages between persons of the same sex.
Referred to Committee on Special Judiciary.
SR 506. By Senator Farrow of the 54th: A resolution honoring Mr. W.W. "Bill" Fincher, Jr.
Referred to Committee on Transportation.
SR 507. By Senator Farrow of the 54th: A resolution honoring Mr. Charles A. Pannell, Sr.
Referred to Committee on Transportation. The following bills were read the first time and referred to committees:
HB 1169. By Representatives Walker of the 141st, Murphy of the 18th and others: A bill to amend Title 20, relating to education, so as to create the Georgia State Museum Authority Overview Committee of the General Assembly.
Referred to State and Local Governmental Operations Committee (General).

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351

HB 1475. By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted.
Referred to State and Local Governmental Operations Committee (General).
HR 767. By Representatives Reichert of the 126th, Randall of the 127th, Falls of the 125th and others:
A resolution commending Pilot International and designating Pilot Internation al Day in Georgia.
Referred to Rules Committee.
HR 769. By Representatives Godbee of the 145th, Murphy of the 18th, Smyre of the 136th and others:
A resolution creating a Blue Ribbon Study Committee on funding of the "Quality Basic Education Act".
Referred to Education Committee.
HR 789. By Representatives Teague of the 58th, Baker of the 70th, Epps of the 131st and others:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day".
Referred to Rules Committee.
HR 804. By Representative Barnard of the 154th:
A resolution designating the J. Max Cheney Memorial Bridge.
Referred to Transportation Committee.
HR 873. By Representative Birdsong of the 123rd:
A resolution expressing appreciation to Georgia's World War I veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. "Sloppy" Floyd Veterans Memorial Building.
Referred to Defense and Veterans Affairs Committee.
HB 1344. By Representative Bannister of the 77th:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change certain procedures with respect to the consideration and adoption of city ordinances.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1520. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.
HB 1521. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.
HB 1523. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act consolidating the laws pertaining to the governing au thority of Carroll County, so as to change certain age and residency qualifica tions and election requirements for members of that governing authority.
Referred to State and Local Governmental Operations Committee.
HB 1524. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
Referred to State and Local Governmental Operations Committee.
HB 1527. 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 City of Lithia Springs, and not a designee of the mayor, shall be an ex-officio member of the authority board of directors.
Referred to State and Local Governmental Operations Committee.
HB 1528. By Representative James of the 140th:
A bill to amend an Act creating a board of commissioners for Macon County, so as to change the compensation of the chairperson and members of such board.
Referred to State and Local Governmental Operations Committee.
HB 1529. By Representatives Smith of the 109th, Sanders of the 107th and Maddox of the 108th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council.
Referred to State and Local Governmental Operations Committee.

MONDAY, FEBRUARY 5, 1996

353

HB 1533. By Representatives Brush of the 112th and McCall of the 90th:

A bill to create a board of elections and registration for Lincoln County.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

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

SB 516. Do pass by substitute.

SB 518. Do pass by substitute.

SB 517. Do pass by substitute.

Respectfully submitted, Senator Marable of the 52nd 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 621. Do pass.

HB 1374. Do pass.

SB 642. Do pass.

HB 1483. Do pass.

HB 1363. Do pass.

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

The following bills were read the second time:

SB 368 SB 605 SB 632 HB 807

SB 395 SB 608 SR 437 HB 852

SB 435 SB 609 HB 244 HB 1025

SB 513 SB 613 HB 508 HB 1099

SB 551 SB 626 HB 590 HB 1168

SB 587 SB 631 HB 749 HB 1228

Senator Perdue of the 18th moved that Senator Blitch of the 7th be excused due to illness. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Blitch was excused.
Senator Edge of the 28th moved that Senator Gochenour of the 27th be excused due to illness. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Gochenour was excused.
Senator Edge of the 28th moved that Senator Black of the 53rd be excused due to the weather. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Black was excused.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused due to illness. On the motion, the yeas were 31, 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:

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

Crotts Day Dean Edge

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JOURNAL OF THE SENATE

Egan Farrow Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st

Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

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

Those not answering were Senators:

Abernathy Balfour Black (excused)

Blitch (excused) Gochenour (excused)

Kemp (excused) Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Madden of the 47th introduced the chaplain of the day, Reverend Levy Moore of Franklin Springs, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 508. By Senators Ragan of the llth and Turner of the 8th: A resolution honoring Wessie Connell.

SR 509. By Senator Edge of the 28th: A resolution commending the East Coweta High School choral groups.

SR 510. By Senator Edge of the 28th: A resolution commending Nancy Whittenburger.

SR 512. By Senator Dean of the 31st: A resolution recognizing and commending Fred Gunn.

SR 513. By Senator Dean of the 31st:
A resolution in memory of Robert Hugh Wade.
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 1193. By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to change the pro visions relating to the prohibition against corporal punishment and the use of handcuffs, leg chains, and other restraints.

MONDAY, FEBRUARY 5, 1996

355

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Monday, February 5, 1996 SIXTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 621 Abernathy, 38th Egan, 40th James, 35th Thomas, 10th Scott, 36th Newbill, 56th CITY OF ATLANTA
To amend an Act reincorporating the City of Atlanta in the counties of Fulton and DeKalb, and creating a new charter for said city.
SB 642 Egan, 40th Glanton, 34th Newbill, 56th Slotin, 39th James, 35th Abernathy, 38th Scott, 36th Thomas, 10th FULTON COUNTY
To amend an Act providing for the establishment of a county-wide library sys tem.
HB 1363 Taylor, 12th WEBSTER COUNTY
To provide that certain vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter during the four month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March as provided by general law.
HB 1374 Newbill, 56th Tysinger, 41st CITY OF NORCROSS
To amend an Act entitled "An Act providing a new charter for the City of Norcross," so as to change a certain defintion; and to authorize the city to maintain a retirement plan for municipal employees.
HB 1483 Middleton, 50th CITY OF HIAWASSEE
To amend an Act entitled "An Act to provide a new charter for the City of Hiawassee;" so as to provide that the mayor shall serve a term of four years.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

356

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black (excused)

Blitch (excused) Gochenour (excused)

Griffin Kemp (excused)

On the passage of the local bills, the yeas were 50, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Monday, February 5, 1996 SIXTEENTH LEGISLATIVE DAY

SR 425 CA: Senate--four--year terms (Substitute) (Ethics--35th)
SR 445 Rockdale County--lease of certain state owned property (Substitute) (F&PU--17th)
HB 1124 Tax and license fees; payment by electronic funds transfer; supporting docu ments (F&PU--44th) Buck--135th
HB 1125 Revenue code; conform to federal code (F&PU--44th) Buck--135th
HB 1174 Real estate transfer tax; foreclosure sales; exemption (Amendment) (F&PU--44th) Murphy--18th
HB 1195 Code of Georgia; corrections (S Judy--40th) Chambless--163rd
HB 1196 Elections Code; corrections (S Judy--40th) Chambless--163rd
HB 1200 Intangible personal property assessment; taxpayer appeals (F&PU--44th) Buck--135th
HB 1253 Motor vehicles; certificate of title; repeal certain fee (F&PU--44th) Powell--23rd

MONDAY, FEBRUARY 5, 1996

357

HB 1263 Ginseng; registration of growers (Ag--50th) Carter--166th
HB 1269 Agriculture; certain references; change to "plant pest" (Ag--llth) Floyd--138th
HB 1279 Agricultural products; dealers' bonds; time limits (Ag--14th) Ray--128th
HB 1310 Livestock dealers; redefine "livestock" (Ag--llth) Streat--167th
HB 1311 Equines; veterinary services at sales (Ag--50th) Streat--167th
HR 367 CA: Agricultural products; processing fees; industry promotion (Amendment) (Ag--llth) Reaves--178th
SB 496 Courts of Record--pilot programs for nonuniform courts (Substitute) (Judy--42nd)
SB 498 Trademarks--prohibit forged, counterfeit (Amendment) (C Aff--55th)
SB 520 Vehicle License Plates--special plates for Shriner hospital for handicapped (Pub Saf--52nd)
SB 553 Electrical, Plumbers, Conditioned Air, Low--voltage, Utility Contractors--cer tain terms, licensing (Substitute) (C Aff--55th)
SB 585 Alcoholic Beverage Sale, Consumption on Premises--certain counties (C Aff--46th)
SB 591 Vehicles Hauling Solid Waste--weight limitation (Substitute) (Trans--33rd)
SB 592 Health Insurance--patient's direct access to obstetrician, gynecologist (I&L--18th)
SB 606 Child Safety Restraint Law--violations (Judy--42nd)
SB 607 Emergency Medical Technician--criminal interference (Judy--52nd)
SB 618 Retired Military Reserve--retain special license plates (Pub Saf--37th)
SB 624 Firearm Possession--certain additional exemptions from Code (Amendment) (Pub Saf--37th)
SB 639 District Attorneys--repeal certain provisions on appointment of counsel when accused (Judy--17th)
SR 384 Purple Heart Highway--designate (Amendment) (Trans--45th)
SR 385 Brigadier General John R. Hullender Highway--designate (Trans--54th)
HB 146 Driver's license; replacement; provisions (Pub Saf--37th) Wiles--34th
HB 308 Dangerous weapons used in commission (Pub Saf--37th) Campbell--42nd
HB 695 Marriage license application; previous marriage surname (Judy--42nd) Ashe--46th
HB 1199 Dept. of Natural Resources corrections officers; witness fees (Nat R--16th) Buck--135th

358

JOURNAL OF THE SENATE

HR 332 "Paul E. Nessmith Parkway"; designate portion of U.S.Highway 25 (Trans--4th) Godbee--145th
The following general bills were read the third time and put upon their passage:
SR 425. By Senator James of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section II, Paragraph V of the Constitution is amended by striking said Para graph in its entirety and inserting in lieu thereof the following:
"Paragraph V. Election and term of members, (a) (1) The members of the General Assembly House of Representatives shall be elected~5y the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(2) Effective with members elected for terms beginning in 1999 or thereafter, the mem bers of the Senate shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly?
(b) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November 1984, and subsequent elec tions biennially for members of the House of Representatives and quadrenially for mem bers of the Senate on that day until the day of election is changed by law."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for four-year terms of of( ) NO fice for members of the Georgia Senate effective with members elected for
terms beginning in 1999 or thereafter?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragrah of the Constitution, it shall become a part of the Constitution of this state.
The Senate Ethics Committee offered the following substitute to SR 425:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for submission of this amendment for ratifi cation or rejection; and for other purposes.

MONDAY, FEBRUARY 5, 1996

359

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section II, Paragraph V of the Constitution is amended by striking said Para graph in its entirety and inserting in lieu thereof the following:
"Paragraph V. Election and term of members, (a) (1) The members of the Oeaeial Assembly House of Representatives shall be elected~5y the qualified electors of their respective districts for a term ot two years and shall serve until the time fixed for the convening of the next General Assembly.
(2) Effective with members elected for terms beginning in 1999 or thereafter, the memb"ers of the Senate shall be elected by the qualified electors of their respective districts lor a term of four years and shall serve until the time fixed for the convening of the next General Assembly?
(b) The members of the General Assembly in office cm June 30, 1980, shall serve out the remaiiidei of Lhe temih to which elected.
(cXb) The first election for members of the General Assembly under this Constitution shaft take place on Tuesday after the first Monday in November, i984 1998, and subse quent elections biennially for members of the House of Representatives and quadrenially for members of the Senate on that day until the day of election is changed by law."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for four-year terms of of( ) NO fice for members of the Georgia Senate effective with members elected for
terms beginning in 1999 or thereafter?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senators James of the 35th and Farrow of the 54th offered the following amendment:
Amend the Senate Ethics Committee substitute to SR 425 by deleting from line 10 of page 1 the following:
"(If.
By striking "(2)" and inserting in lieu thereof "(b)" from line 16 of page 1.
By striking lines 25 through 31 of page 1 and inserting in lieu thereof the following:
"(c) The first election for members of the General A&sembly under thib GuiisCituliuii shall take place on Tuesday after the first Monday in November, 19B4, and subsequent elec-
tiOHS Dl6rtHlllily Oil ti^oX Clciy liiltll tilG Xifly OI 6l6CtiOil IS Cliclii^iiU t)y TAW.' .
Senator Scott of the 36th moved that SR 425 be committed to the Ethics Committee.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SR 425 was com mitted to the Ethics Committee.
SR 445. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date.

360

JOURNAL OF THE SENATE

The Senate Finance and Public Utilities Committee offered the following substitute to SR 445:
A RESOLUTION
Authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, two tracts of state owned property in Rockdale County containing approxi mately 405 acres were leased by the Department of Natural Resources for a term of 25 years to Rockdale County by intergovernmental agreement dated October 1, 1977; and
WHEREAS, Rockdale County has improved said property and continues to operate said property as a public park and recreational facility; and
WHEREAS, said tracts of land are more particularly described as follows:
"TRACT NO. 1
All that tract or parcel of land lying and being in Sheffield (475) District of Rockdale County, Georgia, containing 59 3/4 acres, more or less, and bounded as follows: North-east by Big Haynes Creek, southeast by lands of Mrs. Vivian Wood Baker and B. P. Wood; southwest by lands of A. J. Sellers; and northwest by lands of Lancaster and Gilbert. Said lands being known as Lot 5 of the lands of Estate of S. H. Wood, more fully described by plat thereof made by L. A. House, Surveyor, on November 24,1927, and of the record in the Clerk's Office, Rockdale County, Georgia, in Deed Book S, page 417.
TRACT NO. 2
All that tract or parcel of land lying and being in Land Lot 294 of the 4th District of Rockdale County, Georgia, containing 76.66 acres, and being more fully and particularly described by plat prepared by J. A. Wells, registered surveyor No. 164, dated July 12,1960, and of record in Plat Book C, page 213, Clerk's Office, Rockdale County, Georgia, and for the purpose of a more complete and accurate description the said plat is here by reference incorporated in and made a part of this description"; and
"All that tract or parcel of land" conveyed to the State of Georgia by indenture made on the 26th day of August, 1975, from J. J. Crawford, recorded August 29, 1975 in Book 152, folio 29, in the Office Clerk of Superior Court, Rockdale County, and "embraced within the bounds of BLACK SHOALS ROAD and JOHN DAY ROAD as shown and delineated on a certain April, 1974, revised August 22, 1975, plat of survey prepared for the State of Georgia by Evans Surveyors Service, more particularly Joe V. Evans, Georgia Registered Land Surveyor No. 1105, and entitled 'PROPOSED ACQUISITION BY THE STATE OF GEORGIA, GEORGIA DEPARTMENT OF NATURAL RESOURCES', a copy of said plat of survey being recorded in Plat Book I, Page 247, of the Records of the Clerk of Superior Court of Rockdale County, Georgia; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval;" and
WHEREAS, Rockdale County is desirous of constructing a water reservoir on a portion of the above-described property; and
WHEREAS, Rockdale County agrees that the property not inundated by the reservoir shall continue to be used as a public park and recreational area to the benefit of Rockdale County and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, FEBRUARY 5, 1996

361

SECTION 1.

That the State of Georgia is the owner of the referenced hereinabove described real prop erty and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2.

That the State of Georgia, acting by and through its State Properties Commission, is au thorized to lease the hereinabove-described tracts of land to Rockdale County for a period of 50 years commencing with the execution of the lease agreement.

SECTION 3.

That the consideration for such lease shall be $650.00 and the benefit of the state and upon such further consideration and provisions as the State Properties Commission may deter mine to be in the best interest of the State of Georgia.

SECTION 4.

That the authorization in this resolution to lease the above-described property to Rockdale County shall expire three years after the date that this resolution becomes effective.

SECTION 5.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.

SECTION 6.

That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.

That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Griffin Guhl Harbison Hill
James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

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

362

JOURNAL OF THE SENATE

Those not voting were Senators:

Black (excused) Blitch (excused) Broun of 46th

Cheeks Gochenour (excused) Henson

Hooks Kemp (excused)

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

HB 1124. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:

A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees, so as to authorize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds trans fer.
Senate Sponsor: Senator Starr of the 44th.

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

Those voting in the affirmative were Senators:

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

Glanton Griffin Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

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

Those not voting were Senators:

Black (excused) Blitch (excused)

Gochenour (excused) Guhl

James Kemp (excused)

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

MONDAY, FEBRUARY 5, 1996

363

HB 1125. By Representative Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Reve nue Code" and "Internal Revenue Code of 1986" and thereby to incorporate pro visions of federal law into Georgia law.
Senate Sponsor: Senator Starr of the 44th.
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 23, 1996
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1125 (LC 18 7171)
Dear Chairman Buck:
This Bill would make the Internal Revenue Code as it existed on January 1, 1996 (rather than January 1, 1995) the reference document for Georgia's Public Revenue Code. Changes in the definitional content of the IRS Code during the 1995 calendar year would consequently be adopted wherever they are referenced.
Among the several changes in federal provisions, two would be of special significance for the State. First, the Self-Employed Health Insurance Act made a deduction of 25 per cent of health insurance premiums paid by the self-employed retroactive to the 1994 taxyear. For tax-years 1995 and thereafter, a 30 percent deduction was provided. Secondly, the exclusion from income of employer-provided educational assistance (up to $5,250 per employee), applicable to but terminating with 1995 tax year, was not reinstated for 1996 or later years. The impact of these IRS Code changes have been estimated by imposing federal estimates provided by the Joint Committee on Taxation of Congress upon the taxpayer distributions for Georgia.
In Fiscal Year 1996, two year's deductions for health insurance premiums would lower the State's income tax collections by $8 to $9 million. In Fiscal Year 1997, the premium provisions would lower revenues by $5 to $6 million but the tax imposed on educational assistance would raise revenues by $2 to $3 million. Consequently, a net revenue loss of about $3 million would be in prospect.
Sincerely, IsJ Claude L. Vickers
State Auditor Is/ Tim Burgess, Director
Office of Planning and Budget

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black (excused) Blitch (excused) Clay

Egan Gochenour (excused) Kemp (excused)

Oliver Tysinger

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

HB 1174. By Representative Murphy of the 18th:

A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, so as to provide an ex emption with respect to foreclosure sales.
Senate Sponsor: Senator Starr of the 44th.

The Senate Finance and Public Utilities Committee offered the following amendment: Amend HB 1174 by striking line 4 of page 1 and inserting in lieu thereof the following: "certain deeds resulting from foreclosure sales; to provide an effective date; to repeal".
By striking line 13 of page 1 and inserting in lieu thereof the following: " '(7.1) The deed from the debtor to the first transferee at a foreclosure sale;'.". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour Boshears

Cheeks
Crotts Day

Broun of 46th Brown of 26th Burton Cagle

Dean Edge Egan Farrow

Gillis Glanton Griffin
Guhl Henson Hill Hooks

MONDAY, FEBRUARY 5, 1996

365

Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin

Starr
Stokes Tanksley Taylor Thomas Thompson
Turner Tysinger

Those not voting were Senators:

Black (excused) Blitch (excused) Bowen

Clay Gochenour (excused) Harbison

James Kemp (excused) Walker

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

HB 1195. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:

A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
Senate Sponsor: Senator Egan of the 40th.

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

Those voting in the affirmative were Senators:

Balfour Boshears
Broun of 46th Burton
Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis
Glanton Griffin
Guhl

Harbison Henson
Hill Hooks
James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire
Middleton Newbill
Oliver

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

Those not voting were Senators:

Abernathy Black (excused) Blitch (excused)

Bowen Brown of 26th Clay

Gochenour (excused) Kemp (excused) Walker

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

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JOURNAL OF THE SENATE

HB 1196. By Representatives Chambless of the 163rd, Bostick of the 165th, Baker of the 70th and others:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Egan of the 40th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black (excused) Blitch (excused) Bowen Brown of 26th

Clay Gochenour (excused) Harbison Hill

Kemp (excused) Turner Tysinger Walker

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

HB 1200. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:

A bill to amend Code Section 48-6-35 of the Official Code of Georgia Annotated, relating to certification of fixed assessments of certain intangible personal prop erty to tax commissioners or tax receivers, so as to extend the time allowed for taxpayer appeals.
Senate Sponsor: Senator Starr of the 44th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th

Burton Cagle Cheeks Clay

Crotts Day Dean Edge

MONDAY, FEBRUARY 5, 1996

367

Egan Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd
Johnson of 1st

Lamutt Land Langford Madden
Marable McGuire Newbill
Oliver
Perdue Pollard Ralston

Ray Scott Slotin Starr
Stokes Tanksley Taylor
Thomas
Thompson Turner Tysinger

Those not voting were Senators:

Black (excused) Blitch (excused) Bowen Brown of 26th

Farrow Gochenour (excused) Kemp (excused)

Middleton Ragan Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ray of the 19th asked unanimous consent to drop all House bills to the bottom of the Calendar. The consent was granted, and all House bills were placed at the foot of the Senate Calendar for today.

SB 496. By Senators Oliver of the 42nd, Thompson of the 33rd and Clay of the 37th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide a procedure for submission to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recommendations; to provide for duties and responsibil ities of the Judicial Council.
The Senate Judiciary Committee offered the following substitute to SB 496:
A BILL
To be entitled an Act to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to administration of courts of record, so as to provide a procedure for submis sion to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recom mendations; to provide for duties and responsibilities of the Judicial Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, is amended by inserting a new Code section to be designated Code Sec tion 15-5-26 to read as follows:
"15-5-26.
(a) Any proposal for a pilot program of limited duration involving courts which are not uniform within their classes, as authorized by Article VI, Section I, Paragraph X of the Constitution, shall be submitted to the Judicial Council for review and evaluation before it is considered by the General Assembly.

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JOURNAL OF THE SENATE

(b) Such a proposal may be submitted by any of the following:
(1) The Governor
(2) A member of the General Assembly
(3) The chief judge of one of the courts affected by such proposal; or
(4) The governing authority of a county affected by such proposal.
(c) Such a proposal shall be submitted to the Judicial Council during the year preceding the year in which a bill establishing a pilot program is considered by the General Assembly.
(d) The Judicial Council shall adopt policies and procedures regarding the submission and evaluation of such proposals which shall set out, at a minimum, the form and contents of the submission, the recommended date for submission, and internal procedures for devel oping recommendations regarding proposals. The Judicial Council shall make copies of its policies and procedures regarding submissions available upon request to members of the General Assembly, members of the judiciary, county governing authorities, and the public.
(e) The Judicial Council shall submit to the General Assembly a report evaluating each such proposal submitted and recommending adoption, adoption after modification, or rejec tion of each such proposal by the General Assembly. The Judicial Council shall provide the report or reports to the members of the General Assembly no later than December 31 of the year prior to consideration of a bill establishing any pilot projects in the General Assembly."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

MONDAY, FEBRUARY 5, 1996

369

Those not voting were Senators:

Black (excused)
Blitch (excused) Bowen

Gillis Gochenour (excused)

Kemp (excused) Starr

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

SB 498. By Senators Henson of the 55th and Marable of the 52nd:
A bill to amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to prohibit the creation and use of forged or counterfeit trademarks and service marks and the manufacture, possession, sale, offering for sale, transportation, or use of certain goods or property containing or relating to forged or counterfeit trademarks and service marks.

The Senate Consumer Affairs Committee offered the following amendment:
Amend SB 498 by striking line 14 of page 2 and inserting in lieu thereof the following:
"by the owner thereof. The unregistered symbols, emblems, trademarks, insignias, and words covered by the federal Amateur Sports Act of 1978, 36 U.S.C. Section 380, shall be afforded protection under the trademark law in the same manner as registered trade marks and service marks.".
By striking "$1,000.00" and inserting in lieu thereof $2,500.00" on line 8 of page 3.
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Broun of 46th Brown of 26th Burton
Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton
Griffin

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

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

Those not voting were Senators:

Black (excused) Blitch (excused) Bowen

Cheeks Gochenour (excused)

Kemp (excused) Tysinger

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JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Burton of the 5th introduced the doctor of the day, Dr. John Gamwell of Atlanta, Georgia.
SB 520. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, so as to provide for a special license plate honoring and supporting the Shriner hospi tals for handicapped children; to provide for the design of such license plates; to provide for a license fee; to provide for licensing agreements; to provide that a portion of the license fee shall be paid to the Shriner organization.

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

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

Those voting in the affirmative were Senators:

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

Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st
Lamutt Land Langford Madden Marable McGuire Newbill

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

Those not voting were Senators:

Black (excused) Blitch (excused)
Bowen Egan

Gochenour (excused) Harbison Kemp

Middleton Tanksley Walker

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Balfour of the 9th introduced United States Congressman J. C. Watts of Oklahoma who addressed the Senate briefly.

SB 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.

MONDAY, FEBRUARY 5, 1996

371

The Senate Consumer Affairs Committee offered the following substitute to SB 553:
A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "plumbing"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical con tractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contrac tors, is amended by striking paragraph (12) of Code Section 43-14-2, relating to definitions of certain terms, and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Plumbing1 means the practice of installing, maintaining, altering, or repairing pip ing fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, or public or pri vate water supply systems within or adjacent to any building, structure, or conveyance. The term 'plumbing" also includes the practice of and materials used in installing, main taining, extending, or altering the storm-water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor li cense shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or convey ance, regardless of the cost or depth of any such plumbing system."
Senator Tysinger of the 41st offered the following amendment:
Amend the committee substitute to SB 553
by striking on line 29 following word license and striking on line 30 through word license so that it will now read
"hold a valid master plumbing license shall be"
On the adoption of the amendment, the yeas were 33, nays 0, and the Tysinger amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Edge Egan Farrow Gillis Glanton Griffin Guhl Henson Hill Hooks James Johnson of 2nd

Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

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JOURNAL OF THE SENATE

Ragan Ralston
Ray Scott

Slotin Stokes
Tanksley Thomas

Voting in the negative was Senator Cagle.

Those not voting were Senators:

Black (excused) Blitch (excused) Gochenour (excused)

Harbison Kemp (excused) Starr

Thompson Turner Tysinger
Taylor Walker

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 585. By Senators Broun of the 46th, Clay of the 37th and Henson of the 55th:

A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize certain county governing authorities to provide by
ordinance or resolution for the sale of alcoholic beverages for consumption on the premises on Sunday in certain counties during certain hours.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Cheeks Clay Crotts Edge Egan Farrow Gillis Griffin

Guhl Henson Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden McGuire Middleton Newbill

Oliver Pollard Ragan Ray Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Burton Cagle Day

Dean Glanton Marable

Perdue Ralston Starr

Those not voting were Senators:

Black (excused) Blitch (excused) Gochenour (excused)

Harbison Hill

Kemp (excused) Tysinger

On the passage of the bill, the yeas were 39, nays 10. The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 5, 1996

373

SB 591. By Senators Thompson of the 33rd, Starr of the 44th and Kemp of the 3rd:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change the weight limitation on vehicles hauling solid waste and recovered materials.
The Senate Transportation Committee offered the following substitute to SB 591:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight limitations on certain vehicles oper ating on public roads which are not national highways; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking in its entirety subsec tion (g) of Code Section 32-6-26, relating to weight of vehicle and load, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(l) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit when the load of any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of business, plant, plantation, or residence;
(B) Hauling live poultry or cotton from a farm to a processing plant;
(C) Hauling feed from a feed mill to a farm; or
(D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county; or
(E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility.
(2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Clay

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JOURNAL OF THE SENATE

Crotts Day Dean Edge Egan Farrow Gillis Glanton Griffin Guhl Henson Hill Hooks James

Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

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

Those not voting were Senators:

Black (excused) Blitch (excused) Cheeks

Gochenour (excused) Harbison

Johnson of 2nd Kemp (excused)

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

SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the ap pearance or demeanor of deponents or attorneys.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice, so as to provide for nonstenographic depositions in addition to the stenographic record at the election of the party taking the deposition unless the court orders otherwise; to provide that depositions shall be taken before an officer authorized to administer oaths or a court reporter and for retention of the record in a specified form until a specified time; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to pro vide that camera and sound-recording techniques shall not distort the appearance or de meanor of deponents or attorneys; to provide for depositions by telephone or other remote electronic means in certain circumstances and to provide where such a deposition is taken; to change the provisions relating to signature of the deposition by the deponent; to provide for review of the transcript or recording by deponent upon request and for changes; to pro vide for signing by the officer; to provide for the officer's certificate and disposition of the deposition; to provide for the form of presentation; to provide for presentation of certain deposition testimony in nonstenographic form in certain circumstances; to provide for ex ceptions; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 5, 1996

375

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in their entirety subsections (b), (c), (e), and (f) of Code Section 9-1130, relating to depositions upon oral examination, and inserting in lieu thereof new subsec tions (b), (c), (e), and (f) and by adding to said Code section a new subsection to be desig nated subsection (h), so that subsections (b), (c), (e), (f), and (h) read as follows:
"(b) Notice of examination.
(1) General requirements. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition, the means by which the testimony shall be recorded, and the name and address of each person to Be examined, if known, and, if the name is not known, a general description sufficient to identify him the person to be examined or the particular class or group to which he or she belongs. If a subpoena for the production of documentary and tangible evidence is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice.
(2) Special notice. Leave of court is not required for the taking of a deposition by plain tiff if the notice:
(A) States that the person to be examined is about to go out of the county where the action is pending and more than 150 miles from the place of trial, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavailable for examination unless his the deposition is taken before expiration of the 30 day period; and
(B) Sets forth facts to support the statement.
The plaintiffs attorney shall sign the notice, and his said attorney's signature constitutes a certification by him or her that, to the best of his "or her knowledge, information, and belief, the statement and supporting facts are true. If a party shows that, when he or she was served with notice under this paragraph, he or she was unable through the exercise of diligence to obtain counsel to represent him or her at the taking of the deposition, the deposition may not be used against him such party.
(3) Time requirements. The court may, for cause shown, enlarge or shorten the time for taking the deposition.
(4) Recording of deposition. The court may, upon motiun, oider that the testimony at a
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include uthet provisions to assure that the tecoided testimony will b^ accurate and t.ru.stwortiiy. it LIIS oruci is iiiciu.ti, <a p&i'ty nifty n&v^i'Lii&tGss srrfiii^jG to 113.V6 & stsnographic transcription made at his own expense. Unless the court orders otherwise, the testimony at a deposition must be recorded by stenographic means, and may also be recorded by sound or sound and visual means in addition to stenographic means, and the party taking the deposition shall bear the costs of the recording A deposition shall Be conducted before an officer appointed or designated under Code Section 9-11-28. Upon motion of a party or upon its own motion, the court may issue an order designat ing the manner of recording, preserving, and filing of a deposition taken by nonsteno" graphic means, which order may include other provisions to assure that the recorded testimony will be accurate and trustworthy. Any party may arrange for a transcrip" tion to be made from the recording of a deposition taken by nonstenographic means. With prior notice to the deponent and other parties, any party may designate another method to record the deponent's testimony in addition to the methods specified by the person taking the deposition. The additional record or transcript shall be made at that party's expense unless the court otherwise orders. The appearance or demeanor oT

376

JOURNAL OF THE SENATE

deponents or attorneys shall not be distorted through camera or sound-recording tech

niques. Notwithstanding the foregoing provisions of this paragraph, a deposition may

be taken by telephone or other remote electronic means only upon the stipulation oT

tHe parties or by order of the court. For purposes of the requirements of this chapter, a

Heposition taken by telephone or other remote electronic means is taken in the state

and at the place where the deponent is to answer questions.

"

(5) Production of documents and things. The notice to a party deponent may be accom panied by a request made in compliance with Code Section 9-11-34 for the production of documents and tangible things at the taking of the deposition. The procedure of Code Section 9-11-34 shall apply to the request.

(6) Deposition of organization. A party may, in his or her notice, name as the deponent a public or private corporation or a partnership or association or a governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers who con sent to testify on its behalf, and may set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This paragraph does not preclude taking a deposition by any other procedure authorized in this chapter.

(c) Examination and cross-examination; record of examination; oath; objections.

(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The authorized officer or court reporter before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the direction and in the presence of the authorized officer or court reporter, record the testimony of the witness. The tehlimuny shall be taken steii-
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shall be Uan&uibeJ.

(2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objec tions. In lieu of participating in the oral examination, parties may serve written ques tions in a sealed envelope on the party taking the deposition, and he said party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

(3) Unless otherwise ordered by the court or agreed by the parties, the officer shall retain the record of each deposition until the later of (A) five years after the date on which the deposition was taken, or (B) two years after the date of final disposition of the action for which the deposition was taken and any appeals of such action. The officer may preserve the record through storage of the original paper, notes, or record ings or an electronic copy of the notes, recordings, or the transcription computer disks, cassettes, backup tape systems, optical or laser disk systems, or other retrieval systems."

"(e) Submission lu Review by witness; changes; signing. When the let lummy is fully
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orrefaheh lu sign. If requested by the deponent or a party before completion of the deposi tion, the deponent shall have 30 days after being notified by the officer that the tran script or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the

MONDAY, FEBRUAEY 5, 1996

377

reasons given by the deponent for making them. The officer shall indicate in the certifi cate prescribed by paragraph (1) of subsection (f) of this Code section whether any review was requested and, if So, shall append any changes made by the deponent during the period allowed. If the deposition is not reviewed and signed by the witness within 30 days of its submission to him or her, the officer shall sign it and state on the record the
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sign, togelhm with the reason, if any, given therefor, and that the deposition was not reviewed and signed by the deponent within 30 days, the The deposition may then be used as fully as though signed unless, on a motion to suppress under paragraph (4) of subsection (d) of Code Section 9-11-32, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
(f) Certification and filing by officer; inspection and copying of exhibits; copy of deposition.
(1)(A) The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness and shall designate the court reporter certification number. This certificate shall be in writing and accompany the record of the deposition. The officer shall then securely seal the deposition in an envelope marked with the title of the action, the court reporter certification number, and 'Deposition of (here insert name of witness)' and shall promptly file it with the court in which the action is pending or send it by legi&tered or certified mail to the clerk llieieuf for filing deliver it to the party taking the deposition, as the case may be, in accordance with Code Section 9-11-29.1.
(B) Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification, if he or she affords to all parties fair opportunity to verify the cop ies by comparison with the originals; and, if the person producing the materials re quests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case.
(2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent."
"(h) Form of presentation. Except as otherwise directed by the court, a party offering deposition testimony may offer it in stenographic or nonstenographic form, but if in nonstenographic form, the party shall also provide the court with a transcript of the portions so offered. On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Farrow of the 54th moved that the Senate agree to the House substitute to SB 283.
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

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JOURNAL OF THE SENATE

Farrow Gillis Glanton Guhl Harbison Henson Hill Hooks James Johnson of 1st Lamutt Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black (excused) Blitch (excused)

Gochenour (excused) Griffin

Johnson of 2nd Kemp (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 283.
The Calendar was resumed.

SB 592. By Senators Perdue of the 18th, Thomas of the 10th, Johnson of the 1st and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that health benefit policies provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclosures; to provide for legis lative intent and findings; to provide for a definition.

Senator Perdue of the 18th moved that SB 592 be postponed until Tuesday, February 6, 1996.
On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 592 was post poned until Tuesday, February 6, 1996.

SB 606. By Senators Oliver of the 42nd, Dean of the 31st and Henson of the 55th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for assessment of a driver's operating record for violation of the child safety restraint law; to change provisions relating to mandatory use of child passenger restraining systems.

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

Those voting in the affirmative were Senators:

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

Edge Egan Farrow
Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks James

Johnson of 2nd Johnson of 1st Lamutt
Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue

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379

Pollard Ralston Ray Scott Slotin

Starr Stokes Tanksley Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black (excused)

Blitch (excused) Gochenour (excused)

Kemp (excused) Ragan

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

SB 607. By Senators Marable of the 52nd, Pollard of the 24th and Thomas of the 10th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal obstruction of public administration, so as to change provisions relating to criminal interference with emergency medical technicians; to provide for applicability of such provisions to other emergency medical personnel; to define terms; to define criminal offenses and prescribe penalties.

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Black (excused) Blitch (excused)

Egan Gochenour (excused)

Kemp (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th asked unanimous consent to instruct the Secretary to print the Senate Calendar with all Senate bills first followed by House bills until the Rules Com mittee sets the Calendar.
The consent was granted.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:30 P.M., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, February 6, 1996
Seventeenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1548. By Representative Coleman of the 142nd:
A bill to change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.
HB 1419. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commission to contract with the Department of Community Affairs; to change provisions concerning meetings.
HB 449. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that members with prior service as a narcotics agent with the Georgia Bureau of Investigation shall be eligible to obtain creditable service for such prior service.
HB 586. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who with drew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under cer tain conditions.
HB 1151. By Representative Watson of the 139th:
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 provisions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provisions relating to the manner and type of reward a winning player receives when operating cer tain other coin operated games or devices.

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381

HB 1149. By Representative Mueller of the 152nd:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," so as to provide for certain billing requirements.
HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.
HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.
The following bills were introduced, read the first time and referred to committees:
SB 682. By Senator Edge of the 28th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of community improvement districts as authorized by Article IX, Section VII of the Constitution of the State of Georgia; to provide for definitions; to provide for specific requirements for the creation of community improvement districts.
Referred to Committee on State and Local Governmental Operations (General).
SB 683. By Senators Glanton of the 34th, Johnson of the 1st, Newbill of the 56th and Day of the 48th:
A bill to amend Code Section 50-27-3, relating to definitions relative to the lot tery, so as to change the definition of educational purposes and programs for the purpose of expenditure of lottery proceeds.
Referred to Committee on Economic Development, Tourism and Cultural Affairs.
SB 684. By Senators Glanton of the 34th, Ralston of the 51st and Day of the 48th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change the age at which a child has a right to select the parent with whom the child desires to live.
Referred to Committee on Judiciary.
SB 685. By Senators Glanton of the 34th, Day of the 48th and McGuire of the 30th:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion in general, so as to provide for a short title; to provide for legislative findings and purposes; to provide for definitions; to re quire that a female give her informed consent prior to an abortion.
Referred to Committee on Health and Human Services.

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JOURNAL OF THE SENATE

SB 686. By Senators Abernathy of the 38th, Edge of the 28th, Ralston of the 51st and Boshears of the 6th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to require medical insurance coverage for the general public riding aboard Authority vehicles; to provide for related matters; to provide for automatic repeal.
Referred to Committee on State and Local Governmental Operations (General).
SB 687. By Senators Crotts of the 17th, Balfour of the 9th, Cagle of the 49th and others:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotat ed, relating to unlawful acts relative to the Georgia Medical Assistance Act of 1977, so as to provide that any person convicted of violating such Act shall be forever barred from participating in such Act.
Referred to Committee on Health and Human Services.
SR 511. By Senators Turner of the 8th, Ragan of the llth, Perdue of the 18th and others:
A resolution urging public and private schools in this state to develop and imple ment programs to educate children about the dangers of abduction and ways to prevent it.
Referred to Committee on Education.
SR 515. By Senator Thomas of the 10th:
A resolution creating the Joint Study Committee on Teen-age Pregnancy Pre vention.
Referred to Committee on Rules.
SR 518. By Senators Perdue of the 18th, Starr of the 44th and Broun of the 46th:
A resolution creating the Joint Competitive Natural Gas Service Study Commit tee.
Referred to Committee on Finance and Public Utilities. The following bills were read the first time and referred to committees:
HB 449. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that members with prior service as a narcotics agent with the Georgia Bureau of Investigation shall be eligible to obtain creditable service for such prior service.
Referred to Retirement Committee.
HB 586. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who with drew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under cer tain conditions.
Referred to Retirement Committee.

TUESDAY, FEBRUARY 6, 1996

383

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.
Referred to Finance and Public Utilities Committee.
HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of the 71st:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.
Referred to Health and Human Services Committee.
HB 1149. By Representative Mueller of the 152nd:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," so as to provide for certain billing requirements.
Referred to Insurance and Labor Committee.
HB 1151. By Representative Watson of the 139th:
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 provisions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provisions relating to the manner and type of reward a winning player receives when operating cer tain other coin operated games or devices.
Referred to Consumer Affairs Committee.
HB 1193. By Representatives Powell of the 23rd, Coleman of the 142nd, Watson of the 139th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to change the pro visions relating to the prohibition against corporal punishment and the use of handcuffs, leg chains, and other restraints.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1419. By Representative Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commission to contract with the Department of Community Affairs; to change provisions concerning meetings.
Referred to Economic Development and Cultural Affairs Committee.

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JOURNAL OF THE SENATE

HB 1548. By Representative Coleman of the 142nd:
A bill to change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 655. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman

Mr. President: The Committee on Higher Education has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 672. Do pass.
Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

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

SB 504. Do pass by substitute.

SB 678. Do pass.

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

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 671. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

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

SB 668. Do pass.

HB 1377. Do pass.

HB 1343. Do pass.

HB 1500. Do pass.

TUESDAY, FEBRUARY 6, 1996

385

HB 1507. Do pass.

HB 1517. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 516

SB 517

SB 518

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

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

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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 Blitch

Edge Gochenour

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Glanton of the 34th moved that Senator Gochenour of the 27th be excused due to illness. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Gochenour was excused.
Senator Ragan of the llth introduced the chaplain of the day, Reverend Ronald M. McCaskill, pastor of First Baptist Church, Cairo, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 514. By Senators Ray of the 19th and Bowen of the 13th: A resolution commending Patrolman Chad Odum.

SR 516. By Senators Ray of the 19th and Bowen of the 13th: A resolution commending Randall (Scott) Hudson.

SR 517. By Senators Hill of the 4th and Broun of the 46th:
A resolution commending Dr. William Watkins Kelly on the occasion of his re tirement.

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JOURNAL OF THE SENATE

SR 519. By Senator Perdue of the 18th:
A resolution commending the Middle Georgia College Warriors baseball team.
SR 520. By Senator Dean of the 31st:
A resolution commending the Cartersville High School football team.
SR 521. By Senator Dean of the 31st:
A resolution commending WBHF Radio.
SR 522. By Senator Ray of the 19th:
A resolution expressing regret at the loss of Captain Ralph E. Vick.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, February 6, 1996
SEVENTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 668 Gillis, 20th TREUTLEN COUNTY
To amend an Act creating the Board of Commissioners, so as to change the com pensation of the chairperson and members of the Board of Commissioners.
HB 1343 Newbill, 56th CITY OF ROSWELL
To provide a homestead exemption for all ad valorem taxes for any city pur poses, but not including taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for each resident who is 65 years or older if the gross income of such resident, together with the gross in come of the spouse residing at the same homestead, does not exceed $40,000.00.
HB 1377 Newbill, 56th CITY OF ALPHARETTA
To amend an Act providing a homestead exemption from ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, so as to change a definition; and to change the taxes for which the the exemption applies.
HB 1500 Taylor, 12th STEWART COUNTY
To amend an Act relating to the Board of Education and providing for the elec tion of the members thereof, so as to provide for the compensation and expenses of the members of the Board of Education.

TUESDAY, FEBRUARY 6, 1996

387

HB 1507 Griffin, 25th Pollard, 24th JEFFERSON COUNTY
To amend an Act providing for a Board of Commissioners, so as to change cer tain provisions regarding the election of the chairperson and members of the board.

HB 1517 Ray, 19th WILCOX COUNTY
To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Blitch Gochenour (excused)

Guhl Harbison James

Slotin Walker

On the passage of the local bills, the yeas were 48, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE CALENDAR
Tuesday, February 6, 1996 SEVENTEENTH LEGISLATIVE DAY

SB 592 Health Insurance--patient's direct access to obstetrician, gynecologist (I&L --18th)
SB 618 Retired Military Reserve--retain special license plates (Pub Saf--37th)

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JOURNAL OF THE SENATE

SB 624 Firearm Possession--certain additional exemptions from Code (Amendment) (Pub Saf--37th)
SB 639 District Attorneys--repeal certain provisions on appointment of counsel when accused (Judy--17th)
SR 384 Purple Heart Highway--designate (Amendment) (Trans--45th)
SR 385 Brigadier General John R. Hullender Highway--designate (Trans--54th)
SB 368 Rehabilitation Counselors--exempt licensing, certain requirements (Substitute) (H&HS--47th)
SB 395 Elderly--reporting of need for protective services (Amendment) (H&HS--37th)
SB 435 Employees' Retirement--certain county employees in Children and Youth Serv ices (Substitute) (Ret--38th)
SB 513 Family Violence Shelters--approval of Department of Human Resources to re ceive funds (Amendment) (Judy--10th)
SB 551 Juvenile Court--may order completion of substance abuse program (Substitute) (Judy--37th)
SB 587 Certain County Inmates--information regarding medical insurance (Amend ment) (Corr--31st)
SB 605 Murder Cases--additional circumstances considered in sentencing (Substitute) (Judy--18th)
SB 608 Commission on Family Violence--additional members (Amendment) (Judy --42nd)
SB 609 Crime Victims--additional penalties for assistance funding (Judy--4th)
SB 613 School Superintendents--appointment before contract expires (Ed--52nd)
SB 626 Firefighter Appreciation Day--provide (EDT&CA--17th)
SB 631 Hospitals--disclose certain information to patient upon request (Amendment) (H&HS--15th)
SB 632 World Congress Center Authority--power to determine access to facilities (EDT&CA--37th)
SR 437 Health Care Reform Legislation--include mental health care benefits (H&HS --22nd)
HB 1253 Motor vehicles; certificate of title; repeal certain fee (F&PU--44th) Powell--23rd
HB 1263 Ginseng; registration of growers (Ag--50th) Carter--166th
HB 1269 Agriculture; certain references; change to "plant pest" (Ag--llth) Floyd--138th
HB 1279 Agricultural products; dealers' bonds; time limits (Ag--14th) Ray--128th
HB 1310 Livestock dealers; redefine "livestock" (Ag--llth) Streat--167th

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389

HB 1311 Equines; veterinary services at sales (Ag--50th) Streat--167th
HR 367 CA: Agricultural products; processing fees; industry promotion (Amendment) (Ag--llth) Reaves--178th
HB 146 Driver's license; replacement; provisions (Pub Saf--37th) Wiles--34th
HB 308 Dangerous weapons used in commission (Pub Saf--37th) Campbell--42nd
HB 695 Marriage license application; previous marriage surname (Judy--42nd) Ashe--46th
HB 1199 Dept. of Natural Resources corrections officers; witness fees (Nat R--16th) Buck--135th
HR 332 "Paul E. Nessmith Parkway"; designate portion of U.S. Highway 25 (Trans--4th) Godbee--145th
HB 244 Employees' Retirement; additional optional allowance (Ret--10th) Birdsong--123rd
HB 508 Pronouncement of death; authorize coroner or deputy (Substitute) (Judy--42nd) Channell--lllth
HB 590 Retirement systems; veterans; service credit (Ret--34th) Cummings--27th
HB 749 Fulton County; school employees pension; minimum payment (Ret--38th) Holmes--53rd
HB 807 Education; county school system; include independent system (Ed--52nd) Godbee--145th
HB 852 Employees' Retirement; reestablishing service credit; amend (Ret--34th) Cum mings--27th
HB 1025 Teachers Retirement; disability retirement; date (Ret--52nd) Childers--13th
HB 1099 Certain teachers or spouses; health insurance premiums (Ed--47th) Buck--135th
HB 1168 Public indecency; application of provisions in penal institutions (Corr--4th) Barnard--154th
HB 1228 Watercraft; flotation device requirement; exempt Olympic games (EDT&CA --20th) Hanner--159th
The following general bills were read the third time and put upon their passage:
SB 592. By Senators Perdue of the 18th, Thomas of the 10th, Johnson of the 1st and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that health benefit policies provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclosures; to provide for legis lative intent and findings; to provide for a definition.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin
Guhl
Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

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

Those not voting were Senators:

Abernathy

James

Scott

Gochenour (excused)

Ray

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

SB 618. By Senators Clay of the 37th and Burton of the 5th:

A bill to amend Code Section 40-2-65 of the Official Code of Georgia Annotated, relating to special license plates for members of active reserve components of the United States, and an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehi cles, including said Code section, so as to allow retired reservists to retain their special license plates.

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

Those voting in the affirmative were Senators:

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

Dean Edge Egan Farrow Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd

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

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391

Ragan Ralston Ray Starr

Stokes Tanksley Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Gochenour (excused)

James Scott

Slotin

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

SB 639. By Senators Crotts of the 17th, Land of the 16th, Oliver of the 42nd and others:

A bill 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 repeal certain provisions relative to the appointment of counsel upon an accusa tion or presentment against a district attorney.

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

Those voting in the affirmative were Senators:

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

Griffin Guhl
Harbison Henson Hill Hooks
Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton
Newbill Oliver

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

Those not voting were Senators:

Abernathy Gochenour (excused)

James Starr

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

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SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:

A resolution designating the Purple Heart Highway.

The Senate Transportation Committee offered the following amendment:
Amend SR 384 by striking line 18 of page 1 and inserting in lieu thereof the following:
"285 eastward to U.S. 441 is designated the".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Griffin Guhl Harbison Henson Hill Hooks
James Johnson of 2nd Kemp
Lamutt Land
Langford Madden Marable
McGuire Middleton

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

Those not voting were Senators:

Abernathy Black

Gochenour (excused) Johnson of 1st

Ragan Starr

On the adoption of the resolution, the yeas were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Hill of the 4th introduced Peace Officers of the Year: Officer Kendrick, com mended by SR 490, adopted previously, Officer Wright, commended by SR 491, adopted previously, and Officer Herrin, commended by SR 493, adopted previously.
Senator Johnson of the 1st introduced the doctor of the day, Dr. Robert S. Balsley of Savannah, Georgia.
The Calendar was resumed.

SR 385. By Senator Farrow of the 54th: A resolution designating the Brigadier General John R. Hullender Highway.

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393

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Edge Farrow

Gochenour (excused) James Scott

Taylor Thompson Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 368. By Senator Madden of the 47th:
A bill to amend Chapter IDA of Title 43 of the Official Code of Georgia Annotat ed, known as the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other require ments of said chapter; to repeal a certain definition.
The Senate Health and Human Services Committe offered the following substitute to SB 368:
A BILL
To be entitled an Act to amend Chapter IDA of Title 43 of the Official Code of Georgia Annotated, known as the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to exempt certain persons who engage in the prac tice of professional counseling from the licensing and other requirements of said chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 10A of Title 43 of the Official Code of Georgia Annotated, known as the "Profes sional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by striking in its entirety paragraph (17) of subsection (b) of Code Section 43-10A7, relating to requirements for licensure in professional counseling, and inserting in lieu thereof a new paragraph (17) to read as follows:

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"(17) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, ac creditation from the Commission on Accreditation of Rehabilitation Facilities or the na tional Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organiza tions pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state, such persons shall be exempt until January 1, 2000."

SECTION 2.

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

Those voting in the affirmative were Senators:

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

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

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Black Gochenour (excused]

Taylor

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

TUESDAY, FEBRUARY 6, 1996

395

HB 1179. By Representatives McKinney of the 51st and Ashe of the 46th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to authorize certain public agencies, pub lic bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, municipalities, or political subdivisions.

The Calendar was resumed.

SB 395. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend Code Section 30-5-4 of the Official Code of Georgia Annotated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for reporting the need for protective services for elderly adults.

The Senate Health and Human Services Committee offered the following amendment: Amend SB 395 by striking from line 5 of page 1 the words "elderly adults" and inserting in lieu thereof the words "certain persons". By striking from line 19 of page 1 the following:
"or elderly". By striking from line 20 of page 1 the following:
"or elderly". By striking from lines 26 and 27 of page 1 the following:
"or elderly adult", and inserting in lieu thereof the following:
"adult or any person who appears incompetent through age or a disability".
By striking from line 31 of page 1 the following: "or elderly". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Burton Glanton

Gochenour (excused) Scott

Tysinger Walker

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Broun of the 46th introduced State 4-H winners, commended by SR 474, adopted previously, and Julie Mills, State 4-H President, who addressed the Senate briefly.
The Calendar was resumed.

SB 513. By Senators Thomas of the 10th and Oliver of the 42nd:

A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that shelters that are approved by the Department of Human Resources to receive state funds are not required also to be licensed by the Department of Human Resources.

The Senate Judiciary Committee offered the following amendment: Amend SB 513 by striking in its entirety line 6 of page 1 and inserting in lieu thereof the following:
"Human Resources; to provide an effective date; to repeal conflicting laws; and for other". By inserting following line 23 of page 3 the following:
"This Act shall become effective on April 1, 1997.

SECTION 5."

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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 Glanton and Gochenour (excused).

TUESDAY, FEBRUARY 6, 1996

397

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 551. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to provide for juvenile court orders for the successful completion of a substance abuse program; to change the standard for termination of parental rights.
The Senate Judiciary Committee offered the following substitute to SB 551:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for juvenile court orders for the successful completion of a substance abuse program; to provide for certain placements of children after termination of parental rights only if such placement is in the best interest of the child; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile pro ceedings and parental rights, is amended by striking in its entirety subsection (a) of Code Section 15-11-57, relating to protective orders, and inserting in lieu thereof the following:
"(a) On application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if an order of disposition of a child has been or is about to be made in a proceeding under this article and due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from the home or the child;
(2) To permit a parent to visit the child at stated periods;
(3) To abstain from offensive conduct against the child, his or her parent, or any person to whom custody of the child is awarded;
(4) To give proper attention to the care of the home;
(5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;
(6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child;
(7) To ensure that the child attends school pursuant to any valid law relating to com pulsory attendance; and
(8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and
(9) To enter into and complete successfully a substance abuse program approved by the court."
SECTION 2.
Said chapter is further amended in Code Section 15-11-90, relating to placement of a child after termination of parental rights, by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:

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"(a)(l) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made cuTnHdIceTr'--th--e--t--er--m--s--o--f t--hi--s--p--ar--ag--r--ap--h--o--n--ly--if--s--uc--h--a--p--la--c--em--e--n--t --is--in--t--h--e --be--s--t i--n--te--re--st--o--f--th--e

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

Those voting in the affirmative were Senators:

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

Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt 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 Gochenour (excused) and James.

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

SB 587. By Senators Dean of the 31st, Marable of the 52nd, Ray of the 19th and Guhl of the 45th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to define certain terms; to authorize certain county cor rectional facilities to obtain certain information from inmates relating to medi cal insurance; to provide for the provision and payment of medical treatment for inmates; to provide that certain state and county correctional facilities may de duct from inmate accounts.

TUESDAY, FEBRUARY 6, 1996

399

The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment:
Amend SB 587 by striking lines 21 through 23 on page 3 and inserting in lieu thereof the following:
"practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; den tal hygienist; optometrist; or psychiatrist for examination or treatment.
(b) The commissioner or, in the case of a county facility, the officer in charge may estab lish by rules or regulations".
By striking lines 11 and 12 on page 4 and inserting in lieu thereof the following:
"charged with or convicted of a felony or a misdemeanor."
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Gochenour (excused) Perdue

Taylor Thomas

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

SB 605. By Senators Perdue of the 18th, Madden of the 47th, Langford of the 29th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, so as to provide an addition al aggravating circumstance which may be considered in sentencing in murder cases; to provide that such additional aggravating circumstances shall be the fact that the victim of the murder was a child under the age of 16 and the offense involved child abuse, sexual abuse, or sexual exploitation of the victim.

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The Senate Judiciary Committee offered the following substitute to SB 605:
A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, so as to provide an additional aggravating circumstance which may be considered in sentencing in murder cases; to pro vide that such additional aggravating circumstance shall be the fact that the victim of the murder was a child under the age of 13 and the murder was committed while the offender was engaged in the commission of one or more acts of cruelty to children, child molestation, or aggravated child molestation against the victim; to provide for related matters; to pro vide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty in general, is amended by striking Code Section 17-10-30, relating to proce dure and grounds for imposition of the death penalty, and inserting in its place a new Code section to read as follows:
"17-10-30.
(a) The death penalty may be imposed for the uffenses offense of aircraft hijacking or treason in any case.
(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he or she shall include in his or her instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise author ized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony;
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;
(3) The offender, by his or her act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder for himself or herself or another; for the purpose of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was committed during or because of the exercise of his or her official duties;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
(8) The offense of murder was committed against any peace officer, corrections em ployee, or fireman firefighter while engaged in the performance of his or her official duties;

TUESDAY, FEBRUARY 6, 1996

401

(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
(10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement; of himself or herself or another:; or
(11) The victim of the murder was a child under the age of 13 and the murder was committed while the offender was engaged in the commission of one or more acts of cruelty to children as defined in Code Section 16-5-70, child molestation as defined in subsection (a) of Code Section 16-6-4, or aggravated child molestation as defined in subsection (c) of Code Section 16-6-4 against the victim.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman foreperson of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designa tion. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in subsection (b) of this Code section is so found, the death penalty shall not be imposed."

SECTION 2.

This Act shall become effective July 1, 1996, and shall apply with respect to offenses com mitted on or after that effective date. This Act shall not apply to or affect the prosecution of any offense committed prior to that effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Brown of 26th

Cagle Gochenour (excused)

Oliver Thomas

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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 by substitute.

SB 608. By Senators Oliver of the 42nd, Scott of the 36th and Stokes of the 43rd:

A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to pro vide for additional members; to provide for staggered terms of commission mem
bers.

The Senate Judiciary Committee offered the following amendment:

Amend SB 608 by striking in its entirety line 9 of page 1 and inserting in lieu thereof the following:
"L. 1992, p. 1810), so as to change a provision terminating".
By striking in their entirety lines 26 through 31 of page 3 and inserting in lieu thereof the following:
"by striking in its entirety Section 2, and inserting in lieu thereof the following:

'SECTION 2.

The commission shall be terminated on January 1, 2002.'"
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Gochenour (excused)

Ray Slotin

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

TUESDAY, FEBRUARY 6, 1996

403

SB 609. By Senators Hill of the 4th, Kemp of the 3rd and Thomas of the 10th:

A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for assistance programs for crime victims, so as to provide that additional penalties imposed in criminal cases to provide such funding shall be imposed in all criminal and ordinance violation cases in all courts of the state and its political subdivisions.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Blitch

Gochenour (excused) Henson

Ray Walker

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

SB 613. By Senators Marable of the 52nd, Middleton of the 50th, Dean of the 31st and Newbill of the 56th:
A bill to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of school superintendents, so as to provide for appoint ments of school superintendents prior to the expiration of their contracts or terms and provide for vacancies; to provide when certain notices and announce ments regarding the employment of such superintendents are not required.
Senators Cheeks of the 23rd and Dean of the 31st offered the following amendment:
Amend SB 613 by adding immediately following "required;" on line 7 of page 1 the following:
"to provide for terms and duration of the contracts of such superintendents;".
By striking line 35 of page 1 and inserting in its place the following:
"pursuant thereto.
(e.l) Any contract for the employment of a school system superintendent which is exe cuted after the date this subsection becomes effective in 1996 shall be for a term of not less than one nor more than three years and shall expire upon June 30. Notwithstanding

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the provisions of subsection (a) of this Code section and this subsection, a contract term may be for less than one year if the contract term ends June 30, 1997, or if the employ ment of the superintendent under such contract is required to fill a vacancy of less than one year in the office of school superintendent, which vacancy occurs before the end of a contract term.'"
Senator Cheeks of the 23rd asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch Cheeks Gochenour (excused)

Griffin Henson Ray

Slotin Walker

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

SB 626. By Senators Crotts of the 17th, Guhl of the 45th, Balfour of the 9th and others:

A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for Firefighter Apprecia tion Day.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Griffin Guhl Harbison Henson Hill

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405

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott

Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Black Gochenour (excused)

Madden McGuire

Thompson

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

SB 631. By Senator Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a statement disclosing certain information applicable to such facility; to define a certain term.
The Senate Health and Human Resources Committee offered the following amendment:
Amend SB 631 by striking from line 26 of page 1 the following:
"business address, and telephone",
and inserting in lieu thereof the following:
"local business address, and local telephone".
By striking from line 27 of page 1 the following:
"business address, and business telephone",
and inserting in lieu thereof the following:
"local business address, and local business telephone".
By striking from line 29 of page 1 the following:
"business address, and business",
and inserting in lieu thereof the following:
"local business address, and local business."
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend SB 631 by adding on Line '!' of page two a new subsection D to read as follows: Any private corporation leasing a not for profit public hospital, for less than fair market value, shall present its annual budget and monthly expenditures to the publicly appointed board for approval.
On the adoption of the amendment, the yeas were 35, nays 2, and the Thompson amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

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

Those voting in the affirmative were Senators:

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

Glanton Griffin Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Newbill

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

Those voting in the negative were Senators:

Cagle Clay Day

Guhl Harbison Land

McGuire Taylor

Those not voting were Senators:

Abernathy

Gochenour (excused)

Thomas

On the passage of the bill, the yeas were 45, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Johnson of the 1st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 631.

SB 632. By Senators Clay of the 37th, Slotin of the 39th and Broun of the 46th:

A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted; to provide that the au thority shall have the power to adopt reasonable ordinances.

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

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day

Dean Edge Egan Farrow
Gillis Glanton Griffin Guhl Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land Langford Madden Marable McGuire

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407

Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes

Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour

Cheeks Gochenour (excused)

Walker

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

SR 437. By Senators Walker of the 22nd and Thomas of the 10th:

A resolution expressing the sense of the Senate that equitable mental health care benefits must be included in any health care reform legislation passed by the General Assembly.

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

Those voting in the affirmative were Senators:

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

Gillis Griffin Guhl Harbison Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton

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

Those voting in the negative were Senators:

Day

Glanton

McGuire

Those not voting were Senators:

Blitch Cheeks Edge
Gochenour (excused)

Henson Hill James
Newbill

Scott Stokes Thompson
Walker

On the adoption of the resolution, the yeas were 41, nays 3. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

HB 1253. By Representative Powell of the 23rd:

A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provi sions relating to additional title fees for vehicles previously titled in other states.
Senate Sponsor: Senator Starr of the 44th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch Gochenour (excused)

Henson Ragan

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was read the first time and referred to committee:

HB 1179. By Representative McKinney of the 51st:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to authorize certain public agencies, pub lic bodies corporate, public corporations, and public authorities to provide transit services or transit facilities by contract to counties, municipalities, or political subdivisions.

Referred to State and Local Governmental Operations Committee (General).
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:12 P.M., the President announced the Senate adjourned.

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409

Senate Chamber, Atlanta, Georgia Wednesday, February 7, 1996 Eighteenth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.

Senator Johnson of the 1st moved that the Senate reconsider its action in passing the following bill:

SB 631. By Senator Harbison of the 15th:

A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a statement disclosing certain information applicable to such facility; to define a certain term.

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

Those voting in the affirmative were Senators:

Balfour Black Broun of 46th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Griffin
Guhl

Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden McGuire Middleton

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

Those voting in the negative were Senators:

Boshears Bowen Brown of 26th Cheeks

Glanton Gochenour Marable

Starr Tanksley Thompson

Those not voting were Senators:

Abernathy

Blitch

Pollard

On the motion, the yeas were 43, nays 10; the motion prevailed, and SB 631 was recon sidered and placed at the bottom of the Senate Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1576. By Representatives Alien of the 117th, Howard of the 118th, Anderson of the 116th and others:
A bill to amend an Act providing for the consolidated government of AugustaRichmond County, so as to provide for the tort and nuisance liability for such consolidated government.
HB 1270. By Representative Lane of the 146th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relat ing to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit expe rience in the payment of contributions.
HB 1299. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court.
HB 966. By Representative Lee of the 94th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the payment and procedures for reimbursement of travel ex penses for district attorneys and certain state paid personnel.
HB 1231. By Representatives Stancil of the 16th, Pinholster of the 15th, Mobley of the 86th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the types of zoning decisions to which such procedures are applicable; to provide for applicability of such proce dures of annexed property.
HB 256. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide sanctions for making false state ments in application for an identification card and for use of a fraudulent identi fication card.
HB 1232. By Representatives Smith of the 174th, Ehrhart of the 36th, Pinholster of the 15th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs and the results of such tests are negative.

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411

HB 367. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to the grounds for disqualification of unemployment compensation ben efits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early re tirement shall not affect entitlement to unemployment compensation.
SB 589. By Senator Middleton of the 50th:
A bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unincorpo rated areas of the county; to determine whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declaration.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 852. By Representative Chambless of the 163rd:
A resolution confirming and perpetuating the naming of portions of the State Highway System in Dougherty County in honor of Thomas Jefferson.
The following bills were introduced, read the first time and referred to committees:
SB 688. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits.
Referred to Committee on Judiciary.
SB 689. By Senator Dean of the 31st:
A bill to amend an Act creating the Polk County Water Authority, as amended, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.
Referred to Committee on State and Local Governmental Operations.
SB 690. By Senator Ralston of the 51st:
A bill to provide a new charter for the City of McCaysville; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authori ty of such city and the powers, duties, authority, election, terms, vacancies, com pensation, expenses, qualifications, prohibitions, conflicts of interest, and sus pension and removal from office relative to members of such governing authori ty; to provide for inquiries and investigations.
Referred to Committee on State and Local Governmental Operations.

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SB 691. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act entitled "An Act creating the Clayton Judicial Circuit," as amended, so as to provide that the investigators employed by the district attor ney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers.
Referred to Committee on State and Local Governmental Operations.
SB 692. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," as amended, so as to delete certain provisions relating to times of the meetings of such commission.
Referred to Committee on State and Local Governmental Operations.
SB 693. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to supervision of persons placed on parole or other conditional release and programs and services for persons on parole or conditional release, so as to authorize the State Board of Pardons and Paroles to supervise persons partici pating in transition or intermediate programs.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 694. By Senators Boshears of the 6th and Black of the 53rd:
A bill to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the "Quality Basic Education Act," so as to provide that the State Board of Education shall prescribe the powers, duties, and responsibilities of the position of Prekindergarten Family Services Coordinator; to provide for certain prohibitions relating to the performance of the duties of such position.
Referred to Committee on Education.
SR 523. By Senators Turner of the 8th, Ragan of the llth, Dean of the 31st and others:
A resolution acknowledging the contributions of Senior Georgians and establish ing the week of February 20-22, 1996, as Senior Week at the Capitol.
Referred to Committee on Rules.
SR 525. By Senator Broun of the 46th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.
Referred to Committee on Economic Development, Tourism and Cultural Affairs. The following bills were read the first time and referred to committees:
HB 256. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide sanctions for making false state ments in application for an identification card and for use of a fraudulent identi fication card.
Referred to Public Safety Committee.

WEDNESDAY, FEBRUARY 7, 1996

413

HB 367. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to the grounds for disqualification of unemployment compensation ben efits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early re tirement shall not affect entitlement to unemployment compensation.
Referred to Insurance and Labor Committee.
HB 966. By Representative Lee of the 94th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the payment and procedures for reimbursement of travel ex penses for district attorneys and certain state paid personnel.
Referred to Special Judiciary Committee.
HB 1231. By Representatives Stancil of the 16th, Pinholster of the loth, Mobley of the 86th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the types of zoning decisions to which such procedures are applicable; to provide for applicability of such proce dures of annexed property.
Referred to State and Local Governmental Operations Committee (General).
HB 1232. By Representatives Smith of the 174th, Ehrhart of the 36th, Pinholster of the 15th and Crews of the 78th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs and the results of such tests are negative.
Referred to Ethics Committee.
HB 1270. By Representative Lane of the 146th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relat ing to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit expe rience in the payment of contributions.
Referred to Insurance and Labor Committee.
HB 1299. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court.
Referred to Judiciary Committee.
HR 852. By Representative Chambless of the 163rd:
A resolution confirming and perpetuating the naming of portions of the State Highway System in Dougherty County in honor of Thomas Jefferson.
Referred to Transportation Committee.

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HB 1576. By Representatives Alien of the 117th, Howard of the 118th, Anderson of the 116th and others:

A bill to amend an Act providing for the consolidated government of AugustaRichmond County, so as to provide for the tort and nuisance liability for such consolidated government.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

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

SB 550. Do pass.

SR 495. Do pass.

HB 1186. Do pass by substitute. SR 272. Do pass.

SR 499. Do pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:

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

SB 492. Do pass by substitute.

HB 656. Do pass.

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

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

SB 575. Do pass as amended.

SB 640. Do pass by substitute.

SB 576. Do pass as amended.

SB 644. Do pass.

SB 611. Do pass by substitute.

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

Mr. President:

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

SB 614. Do pass by substitute.

SB 638. Do pass by substitute.

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

WEDNESDAY, FEBRUARY 7, 1996

415

Mr. President:

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

SB 512. Do pass.

SB 630. Do pass by substitute.

SB 610. Do pass.

SB 634. Do pass by substitute.

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

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

HB 1057. Do pass.

HB 1523. Do pass.

HB 1520. Do pass.

HB 1524. Do pass.

HB 1521. Do pass.

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

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

SB 422. Do pass.

SB 612. Do pass.

SB 452. Do pass by substitute.

SB 566. Do pass as amended.

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

Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1211. Do pass.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following bills were read the second time:

SB 504

SB 655

SB 671

SB 672

SB 678

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

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Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp

Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston

Those not answering were Senators:

Abernathy Egan

Johnson of 1st Perdue

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

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Crotts of the 17th introduced the chaplain of the day, Bishop Earl Paulk, pas tor of Chapel Hill Harvesters Church, Decatur, Georgia, who offered scripture reading and prayer.

The following communication was received by the Secretary: February 7, 1996
I am present. But, I missed roll call.

/s/ Eric Johnson Senator, District 1

The following resolutions were read and adopted: SR 524. By Senator Egan of the 40th:
A resolution commending Ms. Patricia Harris "Deede" Stephenson.

SR 526. By Senator Walker of the 22nd:
A resolution recognizing the contributions of the physical therapy profession in Georgia.

SR 527. By Senator Broun of the 46th: A resolution commending Loran Smith.

SR 530. By Senator James of the 35th: A resolution honoring the Reverend Jean Robert Moenk.

SR 532. By Senator Cagle of the 49th: A resolution recognizing and commending Kimberly Rebecca Jordan.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:

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SENATE LOCAL CONSENT CALENDAR
Wednesday, February 7, 1996 EIGHTEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1057 Glanton, 34th McGuire, 30th DOUGLAS COUNTY
To amend an Act known as the "Douglas County Community Improvement Dis tricts Act," so as to change certain definitions; and to authorize the creation of community improvement districts within the City of Lithia Springs.

HB 1520 Taylor, 12th CALHOUN COUNTY
To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1521 Taylor, 12th CLAY COUNTY
To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1523 McGuire, 30th CARROLL COUNTY
To amend an Act consolidating the laws pertaining to the governing authority, so as to change certain age and residency qualifications and election require ments for members of that governing authority.

HB 1524 McGuire, 30th CARROLL COUNTY

To transfer the intake and probation services of the Juvenile Court to the state wide juvenile and intake services funded by the Georgia Department of Chil dren and Youth Services.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Burton Cheeks Clay Crotts

Day Dean Egan Farrow Gillis Griffin Guhl Harbison Henson

Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford

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JOURNAL OF THE SENATE

Madden Marable McGuire Middleton Newbill Oliver

Perdue Ralston Ray Scott Slotin Starr

Stokes Tanksley Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Brown of 26th Cagle

Edge Glanton Gochenour Pollard

Ragan Taylor Thompson

On the passage of the local bills, the yeas were 45, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

NOTICE OF MOTION TO RECONSIDER:

SB 631 Hospitals--disclose certain information to patient upon request (Amendments) (H&HS--15th)
SENATE CALENDAR
Wednesday, February 7, 1996 EIGHTEENTH LEGISLATIVE DAY

SB 624 Firearm Possession--certain additional exemptions from Code (Amendment) (Pub Saf--37th)
SB 435 Employees' Retirement--certain county employees in Children and Youth Serv ices (Substitute) (Ret--38th)
SB 516 Local Boards of Education with Budget Deficit--corrective action plan (Substi tute) (Ed--25th)
SB 517 Local School Boards--orientation training for members (Substitute) (Ed--43rd)
SB 518 Local Boards of Education--annual financial statement (Substitute) (Ed--25th)
HB 1263 Ginseng; registration of growers (Ag--llth) Carter--166th
HB 1269 Agriculture; certain references; change to "plant pest" (Ag--llth) Floyd--138th
HB 1279 Agricultural products; dealers' bonds; time limits (Ag--llth) Ray--128th HB 1310 Livestock dealers; redefine "livestock" (Ag--llth) Streat--167th
HB 1311 Equines; veterinary services at sales (Ag--50th) Streat--167th HR 367 CA: Agricultural products; processing fees; industry promotion (Amendment)
(Ag--llth) Reaves--178th
HB 146 Driver's license; replacement; provisions (Pub Saf--37th) Wiles--34th HB 308 Dangerous weapons used in commission (Pub Saf--37th) Campbell--42nd

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419

HB 695 Marriage license application; previous marriage surname (Judy--42nd) Ashe --46th
HB 1199 Dept. of Natural Resources corrections officers; witness fees (Nat R--16th) Buck--135th
HR 332 "Paul E. Nessmith Parkway"; designate portion of U.S. Highway 25 (Trans --4th) Godbee--145th
HB 244 Employees' Retirement; additional optional allowance (Ret--10th) Birdsong--123rd
HB 508 Pronouncement of death; authorize coroner or deputy (Substitute) (Judy--42nd) Channell--lllth
HB 590 Retirement systems; veterans; service credit (Ret--34th) Cummings--27th
HB 749 Fulton County; school employees pension; minimum payment (Ret--38th) Holmes--53rd
HB 807 Education; county school system; include independent system (Ed--52nd) Godbee--145th
HB 852 Employees' Retirement; reestablishing service credit; amend (Ret--34th) Cum mings--27th
HB 1025 Teachers Retirement; disability retirement; date (Ret--52nd) Childers--13th
HB 1099 Certain teachers or spouses; health insurance premiums (Ed--47th) Buck--135th
HB 1168 Public indecency; application of provisions in penal institutions (Corr--4th) Barnard--154th
HB 1228 Watercraft; flotation device requirement; exempt Olympic games (EDT&CA --20th) Hanner--159th
The following general bills were read the third time and put upon their passage:
SB 624. By Senators Bowen of the 13th and Clay of the 37th: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to provide certain additional exemptions from the provisions of Code Section 1611-126 through 16-11-128; to provide an effective date.
The Senate Public Safety Committee offered the following amendment: Amend SB 624 by adding on line 5 of page 3 between the word "a" and the word "certified" the following:
"certified peace officer and a member of a local law enforcement agency, a". By adding at the end of line 6 of page 3 the following:
By striking from line 7 of page 3 the first time it occurs the word "or". By adding on line 8 of page 3 between the word "Investigation" and the period the following:

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", or a certified peace officer and a sheriff or deputy sheriff'.

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Crotts Glanton

Perdue Pollard

Ray (presiding) Thompson

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 435. By Senator Abernathy of the 38th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county em ployees, so as to define certain terms; to provide that certain employees of coun ties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system.

WEDNESDAY, FEBRUARY 7, 1996

421

The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 23, 1995

The Honorable Ralph David Abernathy, III State Senator
Legislative Office Building, Room 301A Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification Senate Bill 435 (LC 21 3341) Employees' Retirement System

Dear Senator Abernathy:
This bill would provide that certain employees of county juvenile detention systems that transferred to the Department of Children and Youth Services and were members of a local retirement system may elect to become members of the Employees' Retirement System. The bill also provides that any employee that was not a member of a local retirement sys tem at the time that the county juvenile detention system transferred to the Department of Children and Youth Services shall become a member of the Employees' Retirement System. Employees who become members of the Employees' Retirement System may obtain credita ble service for actual service rendered as an employee of the county juvenile detention system.
This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 November 27, 1995

Honorable Don Cheeks, Chairman Retirement Committee State Senate Legislative Office Building Room 303-A
Atlanta, Georgia 30334

Dear Senator Cheeks:

In accordance with the Public Retirement Systems Standards Law, an actuarial inves tigation has been completed for SB 435 (LC 21 3523S). Enclosed please find the copy of the State Auditor's summary and the actuarial investigation for this bill.

There are currently two actuarial investigations which are still pending. The reasons for the delays are explained below.

SB 67 SB 225

(LC 21 3541S) (LC 22 1425)

The original investigation was returned to the actuary for additional work. A revised investigation has not been submitted. The original investigation was returned to the actuary for additional work. A revised investigation has not been
submitted.

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The actuarial investigations for these bills will be immediately forwarded to you as soon as they are received from the actuary.
Please contact me or Michael Plant at (404)656-2006 if you have any questions or if our office can be of further assistance.
Sincerely,
Is/ Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 November 27, 1995

Honorable Don Cheeks, Chairman Retirement Committee State Senate Legislative Office Building, Room 303-A Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation Senate Bill 435 (LC 21 3523S) Employees' Retirement System Fulton County Employees' Retirement System

Dear Senator Cheeks:

This bill would provide that employees of a county juvenile detention facility trans ferred to the Department of Children and Youth on or after July 1, 1993 shall have an option to remain in the local retirement plan or transfer to the Employees' Retirement System of Georgia. If an employee was not a member of the local plan at the time the county facility became a part of the statewide juvenile detention system, the employee shall become a member of the Employees' Retirement System on the date the services are trans ferred to the Department of Children and Youth. This bill would also provide for the purchase of prior service by such employees.

This bill would increase the cost to the Employees' Retirement System and decrease the cost to the Fulton County Employees' Retirement System. The additional cost to the Employees' Retirement System would be $293,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-5. This cost includes $118,000 to amortize the unfunded actuarial accrued liability and $175,000 each year to fund the normal cost, and would be paid through state appropriations. The Fulton County Employees' Retire ment System would reduce its cost by $121,000 in the first year. This cost, however, as sumes that the actuarial assumptions do not change.

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

Employees' Retirement System of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$_____0 $ 118,000

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423

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

N/A $ 175,000
15.39%
15.39%
$ 293,000

Fulton County Employees' Retirement System
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ (171,000) $ (14,000)
N/A $ 121,000
15.00%
15.00%
$ 121,000

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

Sincerely,
/s/ Claude L. Vickers State Auditor

The Senate Retirement Committee offered the following substitute to SB 435:

A BILL
To be entitled an Act to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia, Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county employees, so as to define certain terms; provide that certain employees of counties who become employ ees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system; to provide for employer and employee contributions; to provide for a transfer of service; to provide for employees who were not members of a local retirement system; to provide that the provisions of general law shall control in the event of a conflict with the provisions of a local retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relat ing to provisions relative to the Employees' Retirement System of Georgia applicable to

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judges, court employees, and certain county employees, is amended by inserting immedi ately following Code Section 47-2-295 a new Code Section 47-2-295.1 to read as follows:
"47-2-295.1.
(a) As used in this Code section, the term:
(1) 'Department' means the Department of Children and Youth Services.
(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county juvenile detention employees who become employees of the department as a result of the county juvenile detention serv ices' being transferred to the department and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county juvenile detention services to the department shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county juvenile detention services are transferred to the depart ment. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing au thority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified.
(c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county juvenile detention services were transferred to the de partment, such employee may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the department shall be the salary of such employee for all purposes under the local retirement system. Except as otherwise provided in this subsec tion for the use of certain employer contributions to offset required employee contribu tions, such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the department may enter into an agree ment with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensa tion of the employee and pay the amount deducted to the local retirement system. Em ployer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the local retirement system and shall be paid by the department when applicable to the local retirement system; provided, however, that, if the employer contributions paid by the department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the percentage rate of employer contribu tions paid by the department and the percentage rate of employer contributions applica ble to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local retirement system; provided, further, that, if the employer contributions to be paid by the department under this subsection would exceed the total employee and em ployer contributions required under the local retirement system, the department shall only be required to pay the total amount of such employee and employer contributions

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425

required under the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privi leges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county; provided, however, that such em ployee shall not be entitled to health and life insurance benefits available to county em ployees. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia.
(d) An employee who was a member of a local retirement system as provided in subsec tion (c) of this Code section may elect to become a member of the Employees' Retirement System of Georgia. Any such employee so electing shall receive creditable service under the Employees' Retirement System of Georgia for all accredited service previously ren dered as an employee of the applicable local retirement system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after re ceiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia the total employee and employer contributions plus interest made by or on behalf of the employee to the local retirement system, together with accumulated interest thereon; provided, however, that the amount so transferred shall not exceed the amount necessary to grant the cred itable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia.
(e) If an employee subject to this Code section was not a member of a local retirement system at the time the applicable county juvenile detention system became a part of the state-wide juvenile detention system, such employee shall become a member of the Em ployees' Retirement System of Georgia effective on the date the county juvenile detention services are transferred to the department. Any such member may purchase as credita ble service under the Employees' Retirement System of Georgia all or any portion of pre vious actual service rendered by the member as an employee of the applicable county juvenile detention system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. Such creditable service may be purchased by the member's paying to the board of trustees all employee and employer contributions which would have been made if the employee had been a member of this retirement system, plus regular interest thereon. The time limitation for exercising op tions provided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may purchase such credit able service only within the first six months of membership in the Employees' Retire ment System of Georgia. No service for which credit is granted pursuant to this subsection shall be used for credit in any local retirement system.
(f) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local re tirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."
SECTION 2.
This Act shall become effective on July 1,1996, only if it is determined to have been concur rently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law"; otherwise this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.

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SECTION 3.

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

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Crotts

Egan Perdue

Ray (presiding)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ralston of the 51st moved that Senator Clay of the 37th be excused due to pressing business. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Clay was excused.
Senator Ralston of the 51st moved that Senator Newbill of the 56th be excused due to pressing business. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Newbill was excused.
The Calendar was resumed.

SB 516. By Senators Griffin of the 25th, Stokes of the 43rd, Newbill of the 56th and Langford of the 29th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the mem bers of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly ex penditures submitted by the system's chief financial officer.

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427

The Senate Education Committee offered the following substitute to SB 516:
A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the members of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such defi cit, review and acknowledge a report of all monthly expenditures submitted by the system's local school superintendent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.

The local system superintendent employed by any local school system which is required
to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the
time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board
of education."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

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Those not voting were Senators:

Burton Clay (excused) Crotts

Farrow Newbill (excused) Ray (presiding)

Taylor Thomas

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

SB 517. By Senators Stokes of the 43rd, Newbill of the 56th, Griffin of the 25th and Langford of the 29th:
A bill to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training.
The Senate Education Committee offered the following substitute to SB 517:
A BILL
To be entitled an Act to amend Code Section 20-2-230 of the Official Code of Georgia Anno tated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training; to change the provisions relating to the entities conducting training workshops; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff develop ment programs, is amended by striking subsection (b) thereof and inserting in its place the following.
"(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive at least 12 hours of orientation to the edu cational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual per formance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary; provided, however, that at least six of these 12 hours of training shall be specifically related to education finance, generally accepted accounting principles, and budgeting. The board of education of the Department of Children and Youth Services shall be exempt from the six hours of training in education finance, generally accepted accounting principles, and budgeting. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association other agencies and associations, to conduct workshops annually to provide such instruction and to pres ent to each board member completing such annual workshop for the first time an appro priate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as author ized by local or general law for attendance at regular or special meetings, as well as

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429

reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Brown of 26th Burton Cagle Cheeks Day Dean Edge Gillis Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Those voting in the negative were Senators:

Broun of 46th

Egan

Glanton

Those not voting were Senators:

Blitch Clay (excused) Crotts

Farrow Johnson of 2nd Newbill (excused)

Ray (presiding) Walker

On the passage of the bill, the yeas were 45, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 518. By Senators Griffin of the 25th, Langford of the 29th, Newbill of the 56th and Stokes of the 43rd:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require each local board of education to publish annually an actual financial operations statement for the local school system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial opera tions statement to the Department of Education.
The Senate Education Committee offered the following substitute to SB 518:
A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require each local board of education to publish annually an actual financial operations statement for the local school

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system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial operations statement to the Depart ment of Education; to provide for public inspection; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.
(a) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school sys tem for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(b) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Depart ment of Education. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senators Gillis of the 20th and Dean of the 31st offered the following amendment:
Amend the committee substitute to SB 518 by adding on line 33, page 1 after removing the period: "and the local county Board of Commissioners" or local "city governmental administration."
On the adoption of the amendment, the yeas were 34, nays 1, and the Gillis and Dean amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Day
Dean Edge Egan Farrow Gillis
Glanton Gochenour Griffin Guhl Harbison

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

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431

Marable McGuire Middleton Oliver Perdue Pollard

Ragan Ralston Slotin Starr Stokes

Those not voting were Senators:

Clay (excused) Crotts Newbill (excused)

Ray (presiding) Scott

Tanksley Thompson Turner Tysinger Walker
Taylor Thomas

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The President resumed the Chair.
Senator Perdue of the 18th introduced the Middle Georgia College Warriors Baseball Team, commended by SR 519, adopted previously.

HB 1263. By Representative Carter of the 166th:

A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner.
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:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Edge Farrow Gillis Glanton Gochenour

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

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

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Black Brown of 26th

Clay (excused) Middleton

Newbill (excused) Walker

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On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Cagle of the 49th moved that Senator Guhl of the 45th be excused due to business. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Guhl of the 45th was excused.

HB 1269. By Representative Floyd of the 138th:
A bill to amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as "The Entomology Act of 1937," so as to repeal the defini tion of the term "insect pests and plant disease"; to provide for a definition of the term "plant pest"; to change all references in said article to such term.
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:

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

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

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

Those not voting were Senators:

Abernathy Black Brown of 26th

Clay (excused) Glanton

Guhl (excused) Newbill (excused)

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

HB 1279. By Representatives Ray of the 128th, Reaves of the 178th, James of the 140th and others:
A bill to amend Code Section 2-9-6 of the Official Code of Georgia Annotated, relating to bonds of dealers in agricultural products, the breach of conditions, complaints to the Commissioner of Agriculture, hearings and settlement, ac tions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giving of notice, and the commencement of actions.
Senate Sponsor: Senator Ragan of the llth.

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433

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Middleton Oliver

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

Those not voting were Senators:

Black Clay (excused) Glanton

Guhl (excused) Hill

Langford Newbill (excused)

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

HB 1310. By Representative Streat of the 167th:

A bill to amend Code Section 4-6-1 of the Official Code of Georgia Annotated, relating to definitions relating to livestock dealers, so as to redefine the term "livestock".
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:

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

Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford

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

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Tanksley Taylor Thomas

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Black Blitch

Egan Gillis

Guhl (excused) Perdue

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

HB 1311. By Representative Streat of the 167th:

A bill to amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the 'Georgia Equine Act,' so as to change the provisions relating to veterinary services at equine sales.
Senate Sponsor: Senator Middleton of the 50th.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis Glanton Gochenour

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

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

Those not voting were Senators:

Abernathy Black

Blitch Farrow

Griffin Perdue

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

HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:

Senate Sponsor: Senator Ragan of the llth.

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agricultural products by agricultural

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435

processing industries and used for the promotion of such agricultural processing industries without the need for paying such moneys into the general fund of the state treasury; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section III, Paragraph II of the Constitution is amended by striking subparagraph (b) of said Paragraph and inserting in lieu thereof the following:
"(b)(l) As authorized by law providing for the promotion of any one or more types of agricultural products, or for the promotion of any one or more types of agricultural processing industries, including, but not limited to, cotton ginning, fees, assessments, and other charges collected on the sale or processing of agricultural products need not be paid into the general fund of the state treasury. Such fees, assessments, and other charges may, as provided by law, be approved by referendum among the producers of the affected products or members of the affected agricultural processing industries, as the case may be. The uniformity requirement of this article shall be satisfied by the applica tion of the agricultural promotion program upon the affected products or agricultural processing industries.
(2) As used in this subparagraph, 'agricultural products' includes, but is not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize charges to be collected ( ) NO on the processing of agricultural industries and used for promotion without
the need for paying such collected charges into the general fund of the state treasury?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Agriculture Committee offered the following amendment:
Amend HR 367 by striking lines 5 through 12 of page 2 and inserting in lieu thereof the following:
"The ballot submitting the above proposed amendment shall have written or printed thereon the following:
'( ) YES Shall the Constitution be amended so as to allow agricultural processing in( ) NO dustries, after approval in a referendum, to impose a fee upon members of the
industry based on the amount of agricultural products processed and, without placing such moneys in the state treasury, to use such funds to promote those agricultural processing industries?'"
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 adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Henson Hill Hooks Johnson of 2nd Kemp Lamutt Land Langford
Madden Marable McGuire Middleton

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

Those not voting were Senators:

Abernathy Blitch Bowen

Harbison James Johnson of 1st

Perdue Thompson

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

HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the origi nal issuance. Senate Sponsor: Senator Clay of the 37th.
Senator Clay of the 37th offered the following amendment:
Amend HB 146 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to keeping of records of appli cants for licenses and information on licenses; to change certain provisions relating to re placement drivers' licenses or permits; to provide for".
By redesignating Section 2 as Section 3.
By inserting between lines 8 and 9 on page 1 the following:
"SECTION 1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (k) of Code Section 40-5-2, relating to keeping of records of applicants for licenses and information on licenses, and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 7, 1996

437

'(k) Notwithstanding any other provision of this Code section, the department may pro vide access to a driver's operating records to a rental car company engaged in the normal course of its business upon the written release of the driver. Such access shall be pro vided and funded through the Georgia Net Authority, and the department shall bear no costs associated with such access. The department is authorized to promulgate rules and regulations necessary to carry out the provisions of this subsection.
The department, pursuant to rules and regulations promulgated by the commis sioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information." ".
By striking lines 9 through 13 of page 1 and inserting in lieu thereof the following:

"SECTION 2.

Said chapter is further amended by striking subsection (a) of Code Section 40-5-31, relating to replacement drivers' licenses or permits, and inserting in lieu thereof the".
Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn.
The consent was granted and the Clay amendment to HB 146 was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Boshears

Bowen Walker

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Land of the 16th introduced the doctor of the day, Dr. Ashok Kumar of Colum bus, Georgia. The Calendar was resumed.

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HB 308. By Representative Campbell of the 42nd:

A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro vide for enhanced criminal penalties for the use of dangerous weapons, machine guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses.
Senate Sponsor: Senator Clay of the 37th.

Senator Clay of the 37th offered the following amendment:
Amend HB 308 by changing on page 2, line 13 "Section 16-11-62" to "Section 16-11-37".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black Griffin

Henson James Lamutt

Perdue Walker

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Edge of the 28th moved that Senator Black of the 53rd be excused due to illness in the family. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Black was excused.

HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Annotat ed, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.
Senate Sponsor: Senator Oliver of the 42nd.

WEDNESDAY, FEBRUARY 7, 1996

439

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Black (excused) Gochenour

Henson Ragan

Walker

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

HB 1199. By Representatives Buck of the 135th and Hanner of the 159th:

A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and no tices to produce, so as to provide that persons employed by the Department of Natural Resources as corrections officers shall be entitled to certain witness fees.
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 Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Dean Edge Egan
Farrow Gillis Gochenour Griffin Guhl

Harbison Hill Hooks James Johnson of 2nd
Kemp Lamutt Land Langford Madden

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Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ralston Scott Starr Stokes Tanksley

Those not voting were Senators:

Black (excused) Day Glanton

Henson Johnson of 1st Ragan

Taylor Thomas Thompson Turner Tysinger
Ray (presiding) Slotin Walker

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

HR 332. By Representatives Godbee of the 145th and Lane of the 146th:

A resolution honoring Paul E. Nessmith and designating a portion of U.S. High way 25 as the "Paul E. Nessmith Parkway".
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black (excused) Glanton

Johnson of 1st Oliver Ray (presiding)

Slotin Walker

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

HB 244. By Representative Birdsong of the 123rd:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement

WEDNESDAY, FEBRUARY 7, 1996

441

System of Georgia, so as to provide for additional optional retirement al lowances in cases where a dependent child is the person designated to receive all amount and benefits upon the death of the retired member and such depen dent child predeceases the retired member.
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 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 244 (LC 21 3518S) Employees' Retirement System

Dear Representative Cummings:

This bill would amend the Employees' Retirement System of Georgia to provide, in part, for additional optional retirement allowances in cases where a dependent child is the person designated to receive all amounts and benefits upon the death of the retired mem ber and the dependent child predeceases the retired person.

The cost of this proposed legislation would be negligible, amounting to less than $1,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. It should be noted, however, that changes in the actuarial assumptions could affect the cost of this legislation. Any future costs would be paid through state appropriations.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial ac crued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

$__________0 $__________0 ________N/A $Less than $1,000

(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in con
formity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employ er contribution which is necessary to maintain the retirement system in an actuarially sound condition.

______15.39% ______15.39% $__________0

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black (excused) Johnson of 1st

Oliver Scott

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 19th, President Pro Tempore, assumed the Chair.

HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
Senate Sponsor: Senator Oliver of the 42nd.

The Senate Judiciary Committee offered the following substitute to HB 508:

A BILL

To be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Death Investigation Act," so as to provide for pronounce ments of death under certain circumstances by persons other than physicians and nurses; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUAEY 7, 1996

443

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Death Investigation Act," is amended by striking subsection (a) of Code Section 45-16-25, relating to duties of the coroner when notified of a death, in its entirety and inserting in its place the following:
"(a)(l) Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the dead body. If a registered professional nurse authorized to make a pronouncement of death under Code Section 3110-16 or a qualified physician is not available, a coroner, deputy coroner, or medical ex aminer's investigator may make a pronouncement of death at the investigation scene if, and only if, one or more of the following conditions is met:
(A) The body is in a state of rigor mortis with lividity present;
(B) The body is in a state of decomposition evidenced by a component of putrefaction;
(C) The body is skeletonized; or
(D) Death has been established by qualified emergency medical services personnel.
(2) It shall be the duty of a coroner so notified as required by Code Section 45-16-24 to summon a medical examiner and proper peace officer. It shall be the duty of a county medical examiner so notified to summon a proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. The medi cal examiner or coroner and the peace officer shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical exam iner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death in any county in which the office of coroner has not been replaced by a county medical examiner, the coroner shall assume the responsi bility of such officers at the scene of death and shall have the body transported to a local medical examiner who shall conduct a medical examiner's inquiry. The medical exam iner, at any time when he deems it necessary, may have the body embalmed for preserva tion or to avoid the threat of infectious disease prior to release of the body to the next of kin. Such expense of embalming shall be paid by the county of the coroner's or medical examiner's jurisdiction."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Day Dean Edge
Egan Farrow Gillis
Glanton
Gochenour Griffin

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

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Langford Madden Marable McGuire Middleton Newbill Oliver

Pollard Ragan Scott Slotin Starr Stokes Tanksley

Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black (excused)

Lamutt Perdue

Ralston Ray (presiding)

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

HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to pro vide that veterans returning to public employment from certain military service shall be entitled to establish service creditable toward retirement for such mili tary service.
Senate Sponsor: Senator Glanton of the 34th.
The following Fiscal Note, as required by law, was read by the Secretary.
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 8, 1995

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

SUBJECT: Actuarial Investigation House Bill 590 (LC 21 3546S) Employees' Retirement System Teachers Retirement System Public School Employees Retirement System Georgia Trial Judges and Solicitors Retirement Fund Georgia Legislative Retirement System Georgia Firemen's Pension Fund Georgia Sheriffs' Retirement Fund Peace Officers' Annuity and Benefit Fund District Attorneys' Retirement System Superior Court Judges Retirement System Superior Court Clerks' Retirement Fund of Georgia Judges of the Probate Courts Retirement Fund Georgia Municipal Employees Benefit System

Dear Representative Cummings:
This bill provides that veterans whose membership in a retirement system or fund was interrupted by a period of qualified service and who return to public employment shall be

WEDNESDAY, FEBRUARY 7, 1996

445

entitled to establish up to five years of service creditable toward retirement for such mili tary service.

The cost of this proposed legislation would be negligible, $1,000 or less in the first year, for most retirement systems and funds affected by this bill, since these systems already provide for this creditable service. However, the cost to the Georgia Firemen's Pension Fund would be $10,000 in the first year in order to meet the concurrent funding require ments of OCGA 47-20-5. This cost is the amount required each year for the next 20 years to amortize the unfunded actuarial accrued liability and would be paid through the 1% tax on gross premiums issued by fire insurance companies in Georgia. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to OCGA 47-20-36 which outlines the factors to be consid ered in an actuarial investigation. The figures are based On employee data and the most recent actuarial assumptions and methods.
Employees' Retirement System of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in
conformity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Teachers Retirement System of Georgia
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in
conformity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Public School Employees Retirement System of Georgia
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

0
N/A $ Less Than 1,000
15.39% 15.39%
N/A $ Less Than 1,000
11.66% 11.66%

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(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Georgia Trial Judges and Solicitors Retirement Fund
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in
conformity with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Georgia Legislative Retirement System
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Georgia Firemen's Pension Fund
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

N/A

i Less Than 1,000

:

448.42

per employee

448.42 per employee

N/A $ Less Than 1,000
11.58%
11.58%

________N/A

Less Than 1,000

;

822.82

per employee

822.82 per employee.

152,000 10,000

WEDNESDAY, FEBRUARY 7, 1996

447

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

________20 __________0

(5) The employer contribution rate currently in effect.

1% tax on ____premiums

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

1% tax on

____premiums

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$_________0*

* Although this bill would increase the cost to the Fund by $10,000 in the first year, the employer contribution would not increase since the cumulative excess is sufficient to cover the cost of this bill, provided, however, this was the only bill affecting the Georgia Firemen's Pension Fund passed into law. If other bills affecting the Fund are passed into law, the aggregate effect of all bills passed must be analyzed to determine if current employer contributions are sufficient.

Georgia Sheriffs' Retirement Fund

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

$_______8,000

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $_______1,000

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

________20

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

$__________0

(5) The employer contribution rate currently in effect.

fines, bond forfeitures, _____and fees

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

fines, bond forfeitures, _____and fees

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$________0*

* Although this bill would increase the cost to the Fund by $1,000 in the first year, the employer contribution would not increase since the cumulative excess is sufficient to cover the cost of this bill, provided, however, this was the only bill affecting the Georgia Sheriffs' Retirement Fund passed into law. If other bills affecting the Fund are passed into law, the aggregate effect of all bills passed must be analyzed to determine if current employer contributions are sufficient.

Peace Officers' Annuity and Benefit Fund of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$__________0 $_________0 _______N/A

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(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

portion of fines & bond forfeitures
portion of fines & bond forfeitures

District Attorneys' Retirement System of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

N/A* N/A* N/A*
0

(5) The employer contribution rate currently in effect.

(2.72%)

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

______(_2._72_%_)

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$__________0

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.

Superior Court Judges Retirement System of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

N/A* N/A* N/A*
0

(5) The employer contribution rate currently in effect.

(7.67%)

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

______(_7._67_%_)

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$_________0

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.

Superior Court Clerks' Retirement Fund of Georgia

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

$_________0 $__________0

WEDNESDAY, FEBRUAEY 7, 1996

449

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Judges of the Probate Courts Retirement Fund of Georgia (1) The amount of the unfunded actuarial accrued liability which will result from the bill. (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. (4) The amount of the annual normal cost which will result from the bill. (5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Georgia Municipal Employees Benefit System (1) The amount of the unfunded actuarial accrued liability which will result from the bill. (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. (4) The amount of the annual normal cost which will result from the bill. (5) The employer contribution rate currently in effect.

N/A
0
portion of fines, bond forfeitures,
and court fees
portion of fines, bond forfeitures,
and court fees
_______N/A $__________0
20% of all fees collected for
marriage licenses and a portion of fines & bond forfeitures
20% of all fees collected for
marriage licenses and a portion of fines & bond forfeitures
N/A

450

JOURNAL OF THE SENATE

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

__________*

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$__________0

* The employer contribution rates will vary for the individual municipalities. Since this bill would not increase the cost to the system, the employer contribution rate would not be affected by this bill.

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

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

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

Those not voting were Senators:

Black (excused) Egan Hill

Hooks Perdue Ray (presiding)

Starr Walker

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

HB 749. By Representative Holmes of the 53rd:
A bill to amend an Act entitled "An Act to Continue the Fulton County School Employees Pension Fund," so as to provide a minimum pension amount; to pro vide that spouses' benefits shall continue after the remarriage of the spouse. Senate Sponsor: Senator Abernathy of the 38th.

WEDNESDAY, FEBRUARY 7, 1996

451

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 8, 1995

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

SUBJECT: Actuarial Investigation
House Bill 749 (LC 21 3530S) Fulton County Board of Education Pension Fund

Dear Representative Cummings:

This bill provides that all retired members of the Fulton County Board of Education Pension Fund shall receive a pension not less than a sum equal to $17 per month multi plied by the number of years of creditable service, not to exceed 40 years. This bill also provides that a pension paid to a surviving spouse will continue to be paid even if he or she remarries. Furthermore, this bill redefines a year of service to mean the period from July 1 through June 30 and eliminates the mandatory retirement age.

Although this proposed legislation would grant a benefit increase to members of the Fulton County Board of Education Pension Fund, this bill would not result in any addi tional cost to the Fund. The provisions that would grant a $17 minimum pension benefit and would redefine a year of service were introduced to correct typographical errors in the existing Act and would not change the current practices for calculating retirement benefits. The provision that would allow spouse's benefits to continue upon remarriage is already being valued by the actuary for determination of the employer contribution. Finally, the provision to eliminate the mandatory retirement age would not have a cost impact on the Fund since this requirement is not being enforced by the County.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$_____0 $_____0
N/A _____0
7.95%
7.95%
$_____0

452

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black (excused) Cheeks Egan Glanton

Henson Hooks Johnson of 2nd Perdue

Ray (presiding) Slotin Starr Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Slotin of the 39th introduced Atlanta Fire Chief Winston Minor.

HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:

A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of education" shall in clude any independent school system and the board of education of any in dependent school system.
Senate Sponsor: Senator Marable of the 52nd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay

Crotts Day Dean Edge Farrow

WEDNESDAY, FEBRUARY 7, 1996

453

Gillis Glanton Griffin Guhl Harbison Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill Pollard Ragan Ralston

Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy
Black (excused) Egan Gochenour

Henson Hooks Oliver

Perdue Ray (presiding) Walker

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

HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Em ployees' Retirement System of Georgia, so as to change the method of reestab lishing service credit.
Senate Sponsor: Senator Glanton of the 34th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30,1995

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

SUBJECT: Actuarial Investigation House Bill 852 (LC 21 3516S) Employees' Retirement System

Dear Representative Cummings:
This bill would change the method of reestablishing service credit in the Employees' Retirement System of Georgia. This bill would affect persons whose membership was previ ously terminated because that member rendered less than one year of service in a period of five consecutive years and who never withdrew the contributions made during the previous membership period.
The cost of this proposed legislation would be negligible, amounting to less than $1,000 per year in order to meet the concurrent funding requirements of OCGA 47-20-50. It should be noted, however, that changes in the actuarial assumptions could affect the cost of this legislation. Any future costs would be paid through state appropriations.

454

JOURNAL OF THE SENATE

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

$_________0 ~~
$__________0
_______N/A
$Less than $1,000

(5) The employer rate currently in effect.

______15.39%

(6) The employer contribution rate recommended (in

conformity with minimum funding standards specified in

Code Section 47-20-10).

______15.39%

(7) The dollar amount of the increase in the annual

employer contribution which is necessary to maintain the

retirement system in an actuarially sound condition.

$_________0

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

Sincerely,
Is/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black (excused)

Ray (presiding) Stokes

Walker

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

WEDNESDAY, FEBRUARY 7, 1996

455

HB 1025. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.
Senate Sponsor: Senator Marable of the 52nd.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

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

SUBJECT: Actuarial Investigation House Bill 1025 (LC 21 3548S) Teachers Retirement System

Dear Representative Cummings:

This bill would allow the board of trustees of the Teachers Retirement System of Georgia to establish the onset of a disability retirement as the effective date of the retire ment although the application was filed much later. The board of trustees would have this authority if it determines that the disability caused the application to be filed late. This bill would not allow the board to pay retroactive benefits.

The cost of this proposed legislation would be $8,000 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. This cost is the amount required each year for the next 20 years to amortize the unfunded actuarial liability and would be paid through state appropriations. It should be noted that changes in the actuarial as sumptions could affect the cost of this legislation.

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

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from
the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10).

$ 115,000

$ 8,000

____20

$

0

11.6

11.66%

456

JOURNAL OF THE SENATE

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 8,000

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

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

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

Those voting in the affirmative were Senators:

Abernathy
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 James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land Langford

Madden
Marable
McGuire
Middleton Newbill Oliver
Perdue
Pollard Ragan Ralston Scott Slotin
Tanksley Taylor Thompson Turner

Those not voting were Senators:

Black (excused) Ray (presiding) Starr

Stokes Thomas

Tysinger Walker

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

HB 1099. By Representatives Buck of the 135th, Cummings of the 27th and Culbreth of the 132nd:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insurance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses.
Senate Sponsor: Senator Madden of the 47th.

WEDNESDAY, FEBRUARY 7, 1996

457

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black (excused)

Hill Ray (presiding)

Stokes Walker

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

HB 1168. By Representatives Barnard of the 154th, Greene of the 158th, Bostick of the 165th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is commit ted by proscribed conduct in jails and penal and correctional institutions.
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

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

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Ragan Ralston

458

JOURNAL OF THE SENATE

Ray Scott Slotin Starr

Stokes Tanksley Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Black (excused)

Henson Pollard

Taylor Walker

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

HB 1228. By Representatives Banner of the 159th, Carter of the 166th, Shaw of the 176th and Coleman of the 142nd:

A bill to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flota tion devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad.
Senate Sponsor: Senator Gillis of the 20th.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Black (excused)

Farrow Henson

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:18 P.M., the President announced the Senate adjourned.

THURSDAY, FEBRUARY 8, 1996

459

Senate Chamber, Atlanta, Georgia Thursday, February 8, 1996 Nineteenth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1592. By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1594. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.
SB 650. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County: to provide for relat ed matters; to provide an effective date.
SB 651. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date.
HB 1510. By Representatives Benefield of the 96th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits.
HB 1241. By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit li censed in-patient hospice under certain conditions.

460

JOURNAL OF THE SENATE

HB 1341. By Representative Greene of the 158th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the duties and powers of courts, judicial officers, and arresting officers in counties which are members of a regional jail authority.
HB 522. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:
A bill to amend Code section 40-2-85 of the Official Code of Georgia Annotated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual registration fees required for the issuance of such special license plates.
HB 1154. By Representatives Kinnamon of the 4th, Perry of the llth, Childers of the 13th and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to the provision of medical services to inmates.
HB 555. By Representatives Jamieson of the 22nd and Barnes of the 33rd:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for the licensure and regula tion of professional employer organizations; to provide for a short title; to pro vide for definitions.
HB 1364. By Representatives Polak of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Code Section 48-5-23 of the Official Code of Georgia Annotated, relating to the collection and payment of taxes on tangible property in install ments, so as to change the time when certain taxes become due and payable.
HB 1203. By Representative Irvin of the 45th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Act," so as to provide for a minimum time period for presentation at hearings on proposed zoning decisions.
SB 262. By Senator Oliver of the 42nd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facili ties in which services may be rendered to repay certain loans or scholarships.
HB 1291. By Representatives Lane of the 146th, Kinnamon of the 4th, Lewis of the 14th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage.

THURSDAY, FEBRUARY 8, 1996

461

The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 968. By Representatives Stallings of the 100th and Simpson of the 101st:
A resolution to designate Saturday, May 11, 1996, as "American Indian Day" in Georgia.
The following bills were introduced, read the first time and referred to committees;
SB 695. By Senators Taylor of the 12th, Hooks of the 14th and Ralston of the 51st:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory to the corporate limits of municipalities, so as to clarify and provide that the General Assembly by local Act may annex any territory, whether contiguous or noncontiguous, to the corporate limits of any municipality, and such right shall not be affected or impaired by any provision of Chapter 36 of Title 36 of the Official Code of Georgia Annotated.
Referred to Committee on State and Local Governmental Operations (General).
SR 528. By Senator Perdue of the 18th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Bibb County, Georgia.
Referred to Committee on Finance and Public Utilities.
SR 529. By Senator Cagle of the 49th:
A resolution relating to and affecting America's governments, organizations, and families.
Referred to Committee on Rules.
SR 531. By Senator Brown of the 26th:
A resolution proposing an amendment to the Constitution so as to change the minimum age for members of the Georgia Senate; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Ethics.
SR 535. By Senators Walker of the 22nd, Henson of the 55th, Madden of the 47th and others:
A resolution creating the Select Oversight Committee on Medicaid.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 522. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual registration fees required for the issuance of such special license plates.
Referred to Defense and Veterans Affairs Committee.

462

JOURNAL OF THE SENATE

HB 555. By Representatives Jamieson of the 22nd and Barnes of the 33rd:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for the licensure and regula tion of professional employer organizations; to provide for a short title; to pro vide for definitions.
Referred to Insurance and Labor Committee.
HB 1154. By Representatives Kinnamon of the 4th, Perry of the llth, Childers of the 13th and Mosley of the 171st:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to the provision of medical services to inmates.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1203. By Representative Irvin of the 45th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Act, " so as to provide for a minimum time period for presentation at hearings on proposed zoning decisions.
Referred to State and Local Governmental Operations Committee (General).
HB 1241. By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit li censed in-patient hospice under certain conditions.
Referred to Finance and Public Utilities Committee.
HB 1291. By Representatives Lane of the 146th, Howard of 118th, Kinnamon of the 4th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage.
Referred to Insurance and Labor Committee.
HB 1341. By Representative Greene of the 158th:
A bill to amend Title 17 of Official Code of Georgia Annotated, relating to crimi nal procedure, so as to change the provisions relating to the duties and powers of courts, judicial officers, and arresting officers in counties which are members of a regional jail authority.
Referred to Judiciary Committee.
HB 1364. By Representatives Polak of the 67th, McClinton of the 68th and Mobley of the 69th:
A bill to amend Code Section 48-5-23 of the Official Code of Georgia Annotated, relating to collection and payment of taxes on tangible property in installments, so as to change the time when certain taxes become due and payable.
Referred to Finance and Public Utilities Committee.

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463

HB 1510. By Representatives Benefield of the 96th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum lawful vehicle speed limits, so as to provide for an increase in the maximum limits.
Referred to Transportation Committee.

HB 1592. By Representatives Smith of the 175th and Smith of the 169th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.

HB 1594. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.
Referred to State and Local Governmental Operations Committee.

HR 968. By Representatives Stallings of the 100th and Simpson of the 101st:

A resolution to designate Saturday, May 11, 1996, as "American Indian Day" in Georgia.

Referred to Rules Committee. The following committee reports were read by the Secretary:

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

HB 1151. Do pass.

SB 574. Do pass by substitute.

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

Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol
lowing resolution of the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 873. Do pass.
Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 428. Do pass by substitute.

SR 458. Do pass.

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SB 673. Do not pass. SR 457. Do pass by substitute.

SR 459. Do pass. HR 734. Do pass.

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

Mr. President:

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

SB 542. Do pass.

SB 620. Do pass.

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

Mr. President:

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

HB 1194. Do pass.

SB 674. Do pass.

SB 555. Do pass.

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

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

SR 433. Do pass. HB 1160. Do pass. HB 1161. Do pass.

HB 1162. Do pass. HB 1224. Do pass.

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

Mr. President:

The Committee on Natural Resources has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 649. Do pass by substitute.

SR 504. Do pass by substitute.

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

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465

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 356. Do pass by substitute.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

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

HB 1529. Do pass.

HB 1548. Do pass.

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

The following bills were read the second time:

SB 422 SB 575 SB 630 SR 495

SB 452 SB 576 SB 634 SR 499

SB 492 SB 610 SB 638 HB 656

SB 512 SB 611 SB 640 HB 1186

SB 550 SB 612 SB 644 HB 1211

SB 566 SB 614 SR 272

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

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

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

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

Those not answering were Senators:

Abernathy Blitch Broun of 46th

Cagle Henson

Oliver Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Barry Dagenhart, pastor of Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.

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The following resolutions were read and adopted:
SR 533. By Senators Gochenour of the 27th and Edge of the 28th: A resolution commending Ms. Rachel Kathleen English.
SR 534. By Senator Edge of the 28th: A resolution commending Mr. Jerry Oswald.
SR 536. By Senators Thompson of the 33rd, Pollard of the 24th, Hill of the 4th and Dean of the 31st: A resolution recognizing the contributions of the Cobb Travel Studycade Club.
SR 537. By Senators Thompson of the 33rd, Pollard of the 24th, Hill of the 4th and Dean of the 31st: A resolution expressing regret at the passing of Mr. Walter Howard Buce, Jr.
SR 538. By Senator Black of the 53rd: A resolution honoring Al Millard.
SR 539. By Senator Dean of the 31st: A resolution commending Mr. James T. Morris for his many years of public ser vice and wishing him well in his retirement.

Senator Broun of the 46th moved that the following bill be withdrawn from State and Local Governmental Operations Committee and committed to the Economic Development, Tourism and Cultural Affairs Committee:
HB 1475. By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, themes, and manner in which access to and use of the facilities of the authority shall be permitted.

On the motion, the yeas were 37, nays 0: the motion prevailed and HB 1475 was com mitted to the Economic Development, Tourism and Cultural Affairs Committee.
Senator Marble of the 52nd moved that Senator Henson of the 55th be excused due to pressing business. On the motion, the yeas were 40, nays 0: the motion prevailed, and Senator Henson was excused.

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467

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday, February 8, 1996 NINETEENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1529 Crotts, 17th CITY OF LOCUST GROVE
To amend an Act creating a new charter, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Coun cil.

HB 1548 Ray, 19th DODGE COUNTY
To change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, 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 Clay Crotts Day Dean Edge Egan Farrow Gillis
Glanton

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

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

Those not voting were Senators:

Abernathy Blitch Cagle

Cheeks Henson (excused) Perdue

Ragan Slotin Walker

On the passage of the local bills the yeas were 47, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

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SENATE CALENDAR
Thursday, February 8, 1996 NINETEENTH LEGISLATIVE DAY

SB 631 Hospitals--disclose certain information to patient upon request (Amendments) (H&HS--15th)

SB 504 Driver's License Requirements--certain exemption, eyesight requirements (Substitute) (Pub Saf--10th)

SB 655 Plant Food Act of 1989--redefine "guaranteed analysis" (Ag--llth)

SB 671 State Employees--medical, physical fitness requirements (SLGO--G--10th)

SB 672 Savannah State College--create Advisory Board to Center for Trade, Technolo gy Transfer (H ED--2nd)

SB 678 Carrying Concealed Weapon--change provisions (Pub Saf--18th)
The following bill of the Senate, having been reconsidered on February 7, 1996, was put upon its passage:

SB 631. By Senator Harbison of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that any medical facility which provides treatment to any person shall, upon the request of such person treated, provide a statement disclosing certain information applicable to such facility; to define a certain term.

The Senate Health and Human Resources Committee amendment and the Thompson amendment, both previously adopted, appear in the Journal of February 6, 1996.
Senator Johnson of 1st moved that the Senate reconsider its action in adopting the amendment offered by Senator Thompson of the 33rd.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden McGuire Middleton

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

Those voting in the negative were Senators:

Marable

Newbill

Tanksley

THURSDAY, FEBRUARY 8, 1996

469

Those not voting were Senators:

Blitch Clay

Glanton Henson (excused)

Johnson of 2nd

On the motion, the yeas were 48, nays 3; the motion prevailed, and the Senate recon sidered its action in adopting the Thompson amendment.
Senator Thompson of the 33rd asked unanimous consent to withdraw his amendment.
The consent was granted, and the Thompson amendment to SB 631 was withdrawn.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Blitch Clay

Glanton Henson (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.
Senator Ray of the 19th introduced Chad Odum, commended by SR 514, adopted previ ously, who addressed the Senate briefly.
Senator Ray of 19th introduced Patti Vick, widow of Captain Ralph Vick, commended by SR 522, adopted previously, who addressed the Senate briefly.
Senator James of the 35th introduced the African American Business Entrepreneurs and their Chairman, Bill Cannon, who addressed the Senate briefly.
The following general bills were read the third time and put upon their passage:

SB 504. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt cer tain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to pro vide for eyesight examinations; to amend an Act providing for the exemption of drivers 21 years of age.

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The Senate Public Safety Committee offered the following substitute to SB 504:
A BILL
To be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Anno tated, 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 conditions and limita tions; to provide for eyesight examinations; to provide for related matters; to amend an Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of certain driv ers from the requirement for a learner's permit while taking instruction from a licensed driving instructor, so as to remove the automatic date of repeal or "sunset" date of said Act; 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 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, is amended by striking paragraph (11) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows:
"(11) Any resident who is 2i 15_ years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal su pervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of"Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual con trolled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identifying such vehicles as train ing cars belonging to a driving school of public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
SECTION 2.
An Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of cer tain drivers from the requirement for a learner's permit while taking instruction from a licensed driving instructor, is amended by repealing Section 4, which reads as follows:
"SECTION 4.
This Act shall be repealed in its entirety July 1, 1996."
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 31, nays 0, and the substitute was adopted.

THURSDAY, FEBRUARY 8, 1996

471

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Black Crotts Farrow Gillis

Henson (excused) Ray Scott

Stokes Taylor Walker

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

SB 655. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:

A bill to amend Code Section 2-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the "Georgia Plant Food Act of 1989," so as to change the definition of the term "guaranteed analysis".

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

Those voting in the affirmative were Senators:

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

Edge Egan Farrow Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp

Lamutt Land Langford Madden Marable MeGuire Middleton Newbill Oliver Perdue Pollard

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JOURNAL OF THE SENATE

Ralston Scott Slotin Starr

Stokes Tanksley Thomas

Thompson Turner Tysinger

Those not voting were Senators:

Black Clay Crotts Gillis

Glanton Gochenour Henson (excused)

Ray Taylor Walker

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

SB 671. By Senator Thomas of the 10th:

A bill to amend Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, so as to change provisions relating to medical and physical fitness requirements for state em ployees and prospective state employees; to eliminate references to the State Employees' Health Service of the Department of Human Resources.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Crotts Day Dean Edge Egan Farrow Gillis

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

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

Those not voting were Senators:

Black Cheeks Clay

Henson (excused) James Ray

Tysinger Walker

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

THURSDAY, FEBRUARY 8, 1996

473

SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and others:

A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Transfer at the School
of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Clay

Guhl Henson (excused)

Taylor Walker

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

SB 678. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others:
A bill to amend an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the provision relating to carrying a concealed weap on; to prohibit the concealed carrying of a pistol, revolver, or concealable firearm under certain conditions.
Senator Black of the 53rd offered the following substitute to SB 678:
A BILL
To be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the provision relating to carrying a concealed weapon; to prohibit the concealed carrying of a pistol, revolver, or concealable firearm under certain conditions; to provide that licenses issued by other states which authorize the carrying of handguns shall be rec ognized according to the terms thereof, but only while a licenseholder is not a resident of Georgia; to provide that a person shall be justified in the use of deadly force to protect himself or herself or a third person from unlawful force, to prevent an imminent theft, or to

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JOURNAL OF THE SENATE

prevent the commission of a forcible felony; to provide that every head of a household in this state shall be required to maintain at least one firearm with ammunition in his or her residence; to define certain terms; to provide for exceptions; to provide a penalty; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety Code Section 16-11-126, relating to carrying a concealed weapon, and inserting in lieu thereof a new Code Section 16-11-126 to read as follows:
"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when he such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like char acter outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be pun ished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor;
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless he that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder or waist belt holster, hipgrip, or any other similar device, handbag, purse, attache case, briefcase, or other closed container. Caiiying oil the person in a cuucealyd mauuei utliei
Lliciii <ib j^iuViilcil 111 lino SuiDocuLiOn oliall iluL L/C ^jcii^nLLcu anil oll^ill Lc CL viuldLiuii ul tlim
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid the transportation of a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment of the vehicle.
(e) Licenses issued by other states which authorize the carrying of handguns shall be recognized according to the terms thereof, but only while a licenseholder is not a resident of Georgia?'
SECTION 2.
Said part is further amended by adding at the end of Code Section 16-11-128, relating to the crime of carrying a pistol without a license, a new subsection (c) to read as follows:
"(c) Licenses issued by other states which authorize the carrying of handguns shall be recognized according to the terms thereof, but only while a licenseholder is not a resident of Georgia."

THURSDAY, FEBRUARY 8, 1996

475

SECTION 3.

Said part is further amended by inserting at the end thereof the following: "16-11-133.

(a) As used in this Code section, the term:
(1) Bead of household' means an individual who supports or materially assists in the support of himself or herself and, if applicable, one or more persons residing in the same household who are closely connected to him or her by consanguinity, affinity, or adoption.
(2) 'Firearm' means any rifle, shotgun, or pistol.
(b) Every head of household residing in this state shall maintain in his or her residence at least one firearm in working order together with ammunition for the same.
(c) The provisions of this Code section shall not apply to any head of household who is:
(1) Suffering from any mental disability, including without limitation persons adjudi cated incompetent and persons under psychiatric care;
(2) Suffering from a physical disability which would preclude him or her from safely using a firearm;
(3) Conscientiously opposed to maintaining a firearm; or
(4) Otherwise prohibited by law from possessing a firearm.
(d) Violation of this Code section shall constitute a misdemeanor."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Brown of 26th

Clay Glanton Gochenour

Guhl Johnson of 2nd McGuire

Those voting in the negative were Senators:

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

Griffin Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver
Perdue

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

Those not voting were Senators:

Harbison Henson (excused)

Newbill Scott

Tanksley

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JOURNAL OF THE SENATE

On the adoption of the substitute the yeas were 10, nays 41, and the Black substitute to SB 678 was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Brown of 26th Egan Griffin James

Johnson of 2nd Oliver Scott

Slotin Stokes Thomas

Those not voting were Senators:

Abernathy

Harbison

Henson (excused)

On the passage of the bill, the yeas were 43, nays 10.
The bill, having received the requisite constitutional majority, was passed.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:30 P.M., the President announced the Senate adjourned.

FRIDAY, FEBRUARY 9, 1996

477

Senate Chamber, Atlanta, Georgia Friday, February 9, 1996
Twentieth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1598. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
HB 1601. By Representative Carter of the 166th:
A bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, so as to provide that the chief judge of the superior court shall appoint the chief magistrate.
HB 1605. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to provide for staggered elections for the chairman and members of the board.
HB 1606. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1607. By Representative Hudson of the 156th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1608. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners.

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JOURNAL OF THE SENATE

HB 1487. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
HB 660. By Representatives Greene of the 158th, Barnard of the 154th and Byrd of the 170th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for rules requiring transfer to maximum security of each inmate who commits battery or aggravated assault while in custody.
HB 1497. By Representatives Channell of the lllth, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Code Section 50-8-35 of the Official Code of Georgia Annotated, relating to general powers of regional development centers, so as to provide that centers and nonprofit corporations established or controlled by centers may enter certain contracts formerly prohibited if deemed necessary, desirable, or appropriate by the commissioner of the Department of Community Affairs.
HB 1361. By Representatives Shaw of the 176th, Reaves of the 178th, Purcell of the 147th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding.
HB 885. By Representatives Davis of the 48th, McKinney of the 51st, Bunn of the 74th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.
HB 213. By Representative Poston of the 3rd:
A bill to amend Chapter 9 of the Title 47 of the Official Code of Georgia Annotat ed, the "Act Creating the Superior Court Judges Retirement Systems," so as to authorize creditable service for certain prior service.
HB 1152. By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement of ficers, fireman, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change the definition of certain terms.

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479

HB 1508. By Representative Benefield of the 96th:
A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract.
HB 1209. By Representatives Smith of the 175th, Trense of the 44th, Williams of the 83rd and others:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules by state agencies; emergency rules; limitation on actions to contest rules; and legislative override of rules, so as to provide additional requirements relative to the adoption of rules.
HB 1319. By Representatives Stanley of the 50th, Buck of the 135th, Orrock of the 56th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the impo sition and levy of certain excise taxes upon certain rental motor vehicles.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 878. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
HR 901. By Representatives Mann of the 5th and Kinnamon of the 4th:
A resolution designating the General William A. Holland Parkway in Whitfield County.
HR 826. By representatives Coleman of the 142nd, Byrd of the 170th, Mosley of the 171st and others:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
The following bills were introduced, read the first time and referred to committees:
SB 696. By Senators Dean of the 31st, Edge of the 28th, Ray of the 19th and Marable of the 52nd:
A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deductions from inmates' accounts for destruction of property, medi cal treatment, and other causes, so as to provide that in the event an inmate does not have sufficient funds in his or her account to cover such expenses, the officer in charge of the institution may initiate legal proceedings.
Referred to Committee on Corrections, Correctional Institutions & Property.

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SB 697. By Senators Bowen of the 13th and Ray of the 19th:
A bill to amend Code Section 40-6-26 of the Official Code of Georgia Annotated, relating to interference with official traffic-control devices or railroad signs or signals, so as to provide that any person who without malice aforethought causes the death of another person through the violation of such Code section by removing a stop sign shall be guilty of a felony; to provide penalties.
Referred to Committee on Transportation.
SB 698. By Senator Starr of the 44th:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of local retirement funds, so as to pro vide that local retirement systems shall be allowed to invest up to 60 percent of their retirement assets in equities.
Referred to Committee on Retirement.
SB 699. By Senator Black of the 53rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Dade County; to provide for terms of office.
Referred to Committee on State and Local Governmental Operations.
SB 700. By Senators Black of the 53rd and Boshears of the 6th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for rules providing for transfer to higher security of each inmate who commits battery or aggravated assault against a correctional officer while in custody and depart ment assistance for employees who are subjected to battery or aggravated as sault by inmates.
Referred to Committee on Corrections, Correctional Institutions & Property.
SB 701. By Senators Gillis of the 20th, Kemp of the 3rd, Bowen of the 13th and others:
A bill to amend Article 12 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the sale, encumbrance, or other dispositon of assets of a nonprofit corporation, so as to require that nonprofit corporations which own or control hospitals under Title 31 provide notice to the Attorney General prior to certain dispositions of their assets to for profit entities; to require that the Attor ney General conduct public hearings regarding such dispositions of assets.
Referred to Committee on Special Judiciary.
SB 702. By Senators Gillis of the 20th, Kemp of the 3rd, Bowen of the 13th and others:
A bill to amend Code Section 14-3-1102 of the Official Code of Georgia Annotat ed, relating to the merger of a nonprofit corporation with a domestic or foreign nonprofit corporation or business corporation, so as to require the approval of the merger by a three-fourths' majority vote of directors to avoid prior approval by the superior court.
Referred to Committee on Special Judiciary.

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481

SB 703. By Senators Hooks of the 14th, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions governing financial affairs, and Part 4 of Article 4 of Chapter 12 of Title 45, relating to state planning and develop ment, so as to coordinate certain provisions relating to budgetary oversight; to provide for review and evaluation of state government programs and functions by the Budgetary Responsibility Oversight Committee.
Referred to Committee on Appropriations.
SB 704. By Senators Boshears of the 6th, James of the 35th, Raltson of the 51st and others:
A bill to amend Chapter 9 of title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for hearing and deciding is sues in claims by senior administrative law judges; to provide that findings of fact shall be based upon evidence in the record; to provide for disregard of the opinion of a treating medical provider in certain circumstances; to change the period for hearing appeals.
Referred to Committee on Insurance and Labor.
SB 705. By Senators Madden of the 47th and Marable of the 52nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the prohibitions against using cer tain titles and designations; to change the provisions relating to eligibility for licensure; to change the provisions regarding licensure in marriage and family counseling; to provide for associate marriage and family therapists.
Referred to Committee on Health and Human Services.
SB 706. By Senators Stokes of the 43rd, Oliver of the 42nd and Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to prohibit certain retaliatory actions by a managed care plan; to provide a definition.
Referred to Committee on Insurance and Labor.
SB 707. By Senators Stokes of the 43rd, Oliver of the 42nd and Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide fairness and choice to patients and providers under managed care health benefit plans; to provide a short title; to provide defini tions; to require certain disclosures to enrollees in such plans; to provide for applicability.
Referred to Committee on Insurance and Labor.
SB 708. By Senators Stokes of the 43rd, Henson of the 55th, Griffin of the 25th and others:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for school enrollment, so as to provide that children who have attained the age of five years by December 1 shall be eligible for enroll ment.
Referred to Committee on Education.

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SB 709. By Senators Taylor of the 12th, Ray of the 19th, Hooks of the 14th and others:
A bill to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agricul ture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to amend Title 20 of the Official Code of Georgia An notated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education.
Referred to Committee on Education.
SR 540. By Senators Johnson of the 1st, Gillis of the 20th, Johnson of the 2nd and others:
A resolution creating the Joint Coastal Zone Management Study Committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 213. By Representative Poston of the 3rd:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement Systems," so as to au thorize creditable service for certain prior service.
Referred to Retirement Committee.
HB 660. By Representatives Greene of the 158th, Barnard of the 154th and Byrd of the 170th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for rules requiring transfer to maximum security of each inmate who commits battery or aggravated assault while in custody.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 885. By Representatives Davis of the 48th, McKinney of the 51st, Bunn of the 74th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.
Referred to Education Committee.
HB 1152. By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement of ficers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change the definition of certain terms.
Referred to Public Safety Committee.

FRIDAY, FEBRUARY 9, 1996

483

HB 1209. By Representatives Smith of the 175th, Trense of the 44th, Williams of the 83rd and others:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules by state agencies, emergency rules; limitation on actions to contest rules; and legislative override of rules, so as to provide additional requirements relative to the adoption of rules.
Referred to State and Local Governmental Operations Committee (General)
HB 1319. By Representatives Stanley of the 50th, Buck of the 135th, Orrock of the 56th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize the impo sition and levy of certain excise taxes upon certain rental motor vehicles.
Referred to Finance and Public Utilities Committee.
HB 1361. By Representatives Shaw of the 176th, Reaves of the 178th, Purcell of the 147th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding.
Referred to Health and Human Services Committee.
HB 1487. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to Finance and Public Utilities Committee.
HB 1497. By Representatives Channell of the lllth, Royal of the 164th, Jamieson of the 22nd and Connell of the 115th:
A bill to amend Code Section 50-8-35 of the Official Code of Georgia Annotated, relating to general powers of regional development centers, so as to provide that centers and nonprofit corporations established or controlled by centers may enter certain contracts formerly prohibited if deemed necessary, desirable, or appropriate by the commissioner of the Department of Community Affairs.
Referred to State and Local Governmental Operations Committee (General).
HB 1508. By Representative Benefield of the 96th:
A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the Department of Transportation's power to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract.
Referred to Transportation Committee.

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HR 826. By Representatives Coleman of the 142nd, Byrd of the 170th, Mosley of the 171st and Barfoot of the 155th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
Referred to State and Local Governmental Operations Committee (General).
HR 878. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
Referred to State and Local Governmental Operations Committee (General).
HR 901. By Representatives Mann of the 5th and Kinnamon of the 4th:
A resolution designating the General William A. Holland Parkway in Whitfield County.
Referred to Transportation Committee.
HB 1598. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
Referred to State and Local Governmental Operations Committee.
HB 1601. By Representative Carter of the 166th:
A bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, so as to provide that the chief judge of the superior court shall appoint the chief magistrate.
Referred to State and Local Governmental Operations Committee.
HB 1605. By Representative Hudson of the 156th: A bill to amend an Act creating the board of commissioners of Irwin County, so as to provide for staggered elections for the chairman and members of the board.
Referred to State and Local Governmental Operations Committee.
HB 1606. By Representative Hudson of the 156th: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.
HB 1607. By Representative Hudson of the 156th: A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.

FRIDAY, FEBRUARY 9, 1996

485

HB 1608. By Representative Hudson of the 156th:

A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

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

SB 675. Do pass by substitute.

HB 1086. Do pass.

SB 693. Do pass.

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

Mr. President:

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

SR 525. Do pass.

HB 1475. Do pass.

HB 1419. Do pass.

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

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

SB 578. Do pass.

SB 646. Do pass as amended.

SB 636. Do pass by substitute.

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

Mr. President:

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

HB 449. Do pass.

HB 586. Do pass.

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

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JOURNAL OF THE SENATE

Mr. President:

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

SR 427. Do pass as amended.

SR 466. Do pass.

SR 430. Do pass.

SR 444. Do pass.

SR 432. Do pass as amended.

SR 464. Do pass.

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

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 487. Do pass.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 616. Do pass by substitute.
Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

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

SB 625. Do pass.

SB 670. Do pass.

SB 661. Do pass. SB 669. Do pass.

HB 580. Do pass. HB 655. Do pass.

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

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

SB 164. Do pass.

SB 690. Do pass.

SB 424. Do pass.

SB 691. Do pass.

FRIDAY, FEBRUARY 9, 1996

487

SB 689. Do pass.

SB 692. Do pass. Respectfully submitted,
Senator Thomas of the 10th District, Chairman

The following hills were read the second time:

SB 428 SB 649 HB 1151 HR 734

SB 542 SR 433 HB 1160 HR 873

SB 555 SR 457 HB 1161

SB 574 SR 458 HB 1162

SB 620 SR 459 HB 1194

SB 647 SR 504 HB 1224

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

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

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

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

Those not answering were Senators:

Abernathy Blitch Clay Egan

Griffin Henson Perdue

Taylor Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the chaplain of the day, Reverend William Britt, pastor of Trinity United Methodist Church, Cartersville, Georgia, who offered scripture reading and prayer.
Senator Newbill of the 56th introduced Jimmy Phillips, former Mayor of Alpharetta, Georgia, commended by SR 403, adopted previously.
The following resolutions were read and adopted.

SR 541. By Senators Hill of the 4th, Johnson of the 1st, Kemp of the 3rd and others:
A resolution expressing regret at the passing of Mr. James E. "Jim" Hilderbrandt.

SR 542. By Senators Stokes of the 43rd, Henson of the 55th and Thomas of the 10th: A resolution commending The Winning Circle.

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JOURNAL OF THE SENATE

SR 543. By Senators Stokes of the 43rd, Thomas of the 10th and Henson of the 55th:
A resolution commending the Empire Real Estate Board, Inc.
SR 544. By Senator Crotts of the 17th: A resolution honoring Mr. H. Wayne Jones.
SR 545. By Senator Crotts of the 17th:
A resolution honoring Greg and Rena Underwood.
SR 546. By Senator Egan of the 40th:
A resolution honoring Terry A. Moshier.
SR 547. By Senators Turner of the 8th, Ragan of the llth, Hooks of the 14th and others: A resolution honoring and recognizing Mr. Shell E. Hartley, Jr.
The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR FRIDAY, FEBRUARY 9, 1996
TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 164 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
To amend an Act entitled "An Act to provide a homestead exemption from all Richmond County School District ad valorem taxes for educational purposes for certain residents," so as to provide that certain exemption shall apply to each resident age 65 and over regardless of the amount of such person's income.
SB 424 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY To provide for the Richmond County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elec tions and of the election of the superintendent and board of registrars; and for other purposes.
SB 689 Dean, 31st POLK COUNTY
To amend an Act creating the Polk County Water Authority, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.
SB 690 Ralston, 51st CITY OF MCCAYESVILLE To provide a new charter; to provide for incorporation, boundaries, and powers of the city; and for other purposes.

FRIDAY, FEBRUARY 9, 1996

489

SB 691 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
To amend an Act entitled "An Act creating the Clayton Judicial Circuit," so as to provide that the investigators employed by the district attorney's office shall have the powers of a peace officer.

SB 692 Ralston, 51st FANNIN COUNTY

To amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," so as to delete certain provisions relating to times of meetings of such commission.

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

Those voting in the affirmative were Senators:

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

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

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

Those not voting were Senators:

Abernathy Hill

Ragan Ray

Starr

On the passage of the local bills, the yeas were 51, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Boshears of the 6th moved that Senator Pollard of the 24th be excused from the Senate due to his mother's illness. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Pollard of the 24th was excused.

SENATE RULES CALENDAR
Friday, February 9, 1996 TWENTIETH LEGISLATIVE DAY

HB 1186 Appropriations Act; Fiscal Year 1995--96; amend (Substitute) (Approp--14th) Murphy--18th

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JOURNAL OF THE SENATE

SB 610 Family Violence Battery--define offense (S Judy--43rd)
SB 550 Purchasing Reform Act of 1996--provide (Approp--12th)
SB 492 Banks--interstate acquisition by other banks, holding companies (Substitute) (B&FI--8th)
SB 512 Felony Case Discovery--relating to witness who is law enforcement (S Judy --52nd)
SB 566 Zoning--recommendations regarding changes in zoning every five years (Amendment) (SLGO-G--10th)
SB 575 Child Abuse--access to records by child advocacy centers (Amendment) (Judy --37th)
SB 576 Indictment--right of person refused bail to hearing within 90 days (Amend ment) (Judy--12th)
SB 638 Missing Children--bulletin boards in state buildings to display information (Substitute) (S Judy--31st)
SB 640 Grandparent Visitation--change provisions (Substitute) (Judy--38th)
SB 644 Appeals Application, Certain Cases--appellate court jurisdiction (Judy--54th) 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 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996. Senate Sponsor: Senator Hooks of the 14th.
THE SENATE COMMITTEE ON APPROPRIATIONS OFFERED THE FOLLOWING SUBSTITUTE TO H.B.1186:
A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21, 1995 (Ga.L.1995,p.l082), is further amended by striking everything following the enacting clause through Section 60, and by substituting in lieu thereof the following:

FRIDAY, FEBRUARY 9, 1996

491

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30,1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $10,134,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1996.

PARTI. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly ................................. .$25,617,738 Personal Services--Staff ...................................... .$13,446,641 Personal Services--Elected Officials .............................. $3,781,803 Regular Operating Expenses .................................... $2,612,366 Travel--Staff.................................................... $91,500 Travel--Elected Officials ........................................... $7,000 Capital Outlay .................................................... $--0-- Per Diem Differential............................................ $588,000 Equipment ..................................................... $225,000 Computer Charges .............................................. $538,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $667,000 Per Diem, Fees and Contracts--Staff............................... $93,970 Per Diem, Fees and Contracts--Elected Officials ................... $2,333,658 Photography..................................................... $95,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$25,617,738 State Funds Budgeted ........................................ .$25,617,738

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,882,923

Lt. Governor's Office

$

801,781

Secretary of the Senate's Office

$ 1,139,854

Total

$ 5,824,558

State Funds

$ 3,882,923

$

801,781

$ 1,139,854

$ 5,824,558

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 10,136,252

Speaker of the House's Office

$

560,470

Clerk of the House's Office

$ 1,423,074

Total

$ 12,119,796

State Funds

$ 10,136,252

$

560,470

$ 1,423,074

$ 12,119,796

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds

$ 2,556,899

$ 2,261,462

$

995,528

$ 1,859,495

$ 7,673,384

State Funds

$ 2,556,899

$ 2,261,462

$

995,528

$ 1,859,495

$ 7,673,384

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, committees and employees of the General Assembly and each House thereof; for

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operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ............................... $18,664,008 Personal Services ............................................. $15,578,433 Regular Operating Expenses ..................................... $568,520 Travel ......................................................... $614,650 Motor Vehicle Purchases ......................................... $137,535 Equipment ...................................................... $14,875 Real Estate Rentals ............................................. $869,790 Per Diem, Fees and Contracts ..................................... $69,850 Computer Charges .............................................. $658,230 Telecommunications ............................................. $152,125 Total Funds Budgeted ........................................ .$18,664,008 State Funds Budgeted ......................................... $18,664,008
PART II.
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch ................................... .$79,399,681 Personal Services ............................................. $11,092,959 Other Operating ............................................. .$66,554,049 Prosecuting Attorney's Council................................... $2,015,363 Council of Superior Court Judges ................................. $394,438

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493

Judicial Administrative Districts ................................. $1,290,967 Georgia Magistrate Courts Training Council ....................... $148,098 Georgia Municipal Courts Training Council ......................... $14,450 Case Counting ................................................... $76,500 Board of Court Reporting ........................................ $139,869 Payment to Council of Magistrate Court Judges ..................... $25,835 Payment to Council of Probate Court Judges ........................ $20,450 Payment to Council of State Court Judges .......................... $12,050 Payment to Council of Superior Court Clerks ........................ $31,040 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $683,800 Total Funds Budgeted ........................................ .$82,799,868 State Funds Budgeted ........................................ .$79,399,681

Judicial Branch Functional Budgets Total Funds

Supreme Court

6,187,021

Court of Appeals

7,154,204

Superior Court

61,072,174

Juvenile Court

1,077,570

Institute of Continuing Judicial Education

711,007

Judicial Council

1,787,214

Judicial Qualifications Commission

,217,718

Indigent Defense Council

3,000,000

Georgia Courts Automation Commission

1,363,811

Georgia Office of Dispute Resolution

229,149

Total

82,799,868

State Funds 5,515,675 7,104,204 58,458,333 1,077,570 711,007 1,722,214 217,718 3,000,000 1,363,811 229,149
79,399,681

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services .............. .$41,911,650
Personal Services ............................................. $49,212,510 Regular Operating Expenses .................................. .$13,562,262 Travel ......................................................... $484,133 Motor Vehicle Purchases ......................................... $663,160 Equipment .................................................... $2,020,580 Computer Charges ............................................ $17,445,782 Real Estate Rentals ............................................ $3,540,623 Telecommunications ............................................ $2,896,435 Per Diem, Fees and Contracts ................................... $4,171,726 Rents and Maintenance Expense ................................ $11,792,750 Utilities.............................................................. $0 Payments to DOAS Fiscal Administration......................... $2,972,744 Direct Payments to Georgia Building Authority for Capital
Outlay ............................................................. $0 Direct Payments to Georgia Building Authority for
Operations ................................................... $781,972 Telephone Billings ............................................ $59,072,580 Radio Billings .................................................. $896,550 Materials for Resale .......................................... .$27,000,000 Public Safety Officers Indemnity Fund............................. $650,000 Health Planning Review Board Operations .......................... $87,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000

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Total Funds Budgeted ....................................... .$197,384,307 State Funds Budgeted ........................................ .$41,911,650

Departmental Functional Budgets Total Funds

State Funds

Executive Administration

$ 1,318,944 $

559,858

Departmental Administration

$ 3,075,590 $ 2,947,078

Statewide Systems

$ 12,935,516 $ 9,962,772

Space Management

$

521,505 $

521,505

Procurement Administration

$ 3,051,174 $ 3,051,174

General Services

$

599,180 $

-- 0--

Central Supply Services

$ 21,066,445 $

--0--

Data Processing Services

$ 46,164,552 $ 14,048,279

Motor Vehicle Services

$ 4,615,951 $

--0--

Communication Services

$ 81,752,025 $ 5,850,000

Printing Services

$ 9,761,892 $

-- 0--

Surplus Property

$ 2,598,736 $

--0--

Mail and Courier Services

$ 1,281,707 $

-- 0--

Risk Management

$ 3,601,297 $

650,000

State Properties Commission

$

485,878 $

485,878

Distance Learning and Telemedicine

$

--0-- $

--0--

Office of the Treasury

$ 1,079,064 $

634,424

State Office of Administrative Hearings

$ 3,474,851 $ 3,200,682

Total

$ 197,384,307 $ 41,911,650

B. Budget Unit: Georgia Building Authority ............................. $--0-- Personal Services ............................................. $20,980,434 Regular Operating Expenses .................................... $5,096,676 Travel .......................................................... $12,000 Motor Vehicle Purchases ......................................... $314,000 Equipment ..................................................... $310,850 Computer Charges .............................................. $110,100 Real Estate Rentals .............................................. $15,071 Telecommunications ............................................. $176,933 Per Diem, Fees and Contracts .................................... $255,000 Capital Outlay .................................................... $--0-- Utilities....................................................... $9,000,000 Contractual Expense ............................................. $80,000 Facilities Renovations and Repairs .................................. $--0-- Total Funds Budgeted ........................................ .$36,351,064 State Funds Budgeted ............................................. $--0--

Grounds Custodial Maintenance Security Van Pool

Departmental Functional Budgets Total Funds

$ 1,626,249

$ 5,638,802

$ 4,640,092

$ 6,667,136

$

380,794

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

FRIDAY, FEBRUARY 9, 1996

495

Sales Administration Railroad Excursions Facility Renovations Total

$ 4,005,645 $

$ 13,392,346 $

$

--0-- $

$

--0-- $

$ 36,351,064 $

--0-- --0-- --0-- --0-- --0--

Section 5. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ......... $117,064 Personal Services .............................................. $1,699,038 Regular Operating Expenses .................................... $1,643,300 Travel ......................................................... $268,000 Motor Vehicle Purchases .......................................... $50,000 Equipment ...................................................... $75,000 Computer Charges ................................................ $1,500 Real Estate Rentals ............................................... $--0-- Telecommunications .............................................. $30,400 Per Diem, Fees and Contracts ................................... $1,700,000 Capital Outlay .................................................... $--0-- Utilities.......................................................... $--0-- Total Funds Budgeted .......................................... $5,467,238 State Funds Budgeted ........................................... $117,064

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $37,543,571
Personal Services .............................................$32,015,270 Regular Operating Expenses .................................... $4,530,070 Travel ......................................................... $959,114 Motor Vehicle Purchases ......................................... $626,192 Equipment ..................................................... $447,575 Computer Charges .............................................. $450,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $990,107 Market Bulletin Postage ......................................... $946,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,658,940 Poultry Veterinary Diagnostic Laboratories in Canton,
Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,535,464 Veterinary Fees................................................. $412,000 Indemnities .................................................... $100,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $705,708 Payments to Georgia Development Authority ....................... $250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .............................. $--0-- Capital Outlay .................................................... $--0-- Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program.................................... $--0-- Total Funds Budgeted ........................................ .$49,068,500 State Funds Budgeted ........................................ .$37,543,571

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Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 8,241,733 $ 7,460,733

Animal Industry

$ 15,576,681 $ 12,628,689

Marketing

$ 6,768,104 $ 3,093,104

Internal Administration

$ 6,443,897 $ 6,174,397

Fuel and Measures

$ 3,381,727 $ 3,252,027

Consumer Protection Field Forces

$ 8,074,143 $ 4,934,621

Seed Technology

$

582,215 $

--0--

Total

$ 49,068,500 $ 37,543,571

B. Budget Unit: Georgia Agrirama Development Authority ................ $--0-- Personal Services ............................................... $867,358 Regular Operating Expenses ..................................... $173,980 Travel ........................................................... $5,500 Motor Vehicle Purchases .......................................... $12,700 Equipment ...................................................... $35,150 Computer Charges ................................................ $5,000 Real Estate Rentals ............................................... $--0-- Telecommunications ............................................... $7,500 Per Diem, Fees and Contracts ...................................... $9,500 Capital Outlay.................................................. $140,000 Goods for Resale ................................................ $109,500 Total Funds Budgeted .......................................... $1,366,188 State Funds Budgeted ............................................. $--0--

Section 7. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................. $9,237,778 Personal Services .............................................. $7,551,993 Regular Operating Expenses ..................................... $466,380 Travel ......................................................... $399,855 Motor Vehicle Purchases .......................................... $78,955 Equipment ....................................................... $6,800 Computer Charges .............................................. $312,033 Real Estate Rentals ............................................. $327,850 Telecommunications .............................................. $78,912 Per Diem, Fees and Contracts ..................................... $15,000 Total Funds Budgeted .......................................... $9,237,778 State Funds Budgeted .......................................... $9,237,778

Section 8. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$126,614,517 Personal Services ............................................. $76,045,161 Regular Operating Expenses .................................... $7,222,195 Travel ......................................................... $893,360 Motor Vehicle Purchases ......................................... $293,990 Equipment ..................................................... $392,781 Computer Charges .............................................. $248,289 Real Estate Rentals ............................................ $1,690,876 Telecommunications ............................................. $904,505 Per Diem, Fees and Contracts ................................... $5,496,762 Utilities....................................................... $2,224,904 Institutional Repairs and Maintenance ............................ $569,330 Grants to County-Owned Detention Centers ....................... $3,715,495 Service Benefits for Children .................................. .$17,642,042

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497

Purchase of Service Contracts .................................. $13,080,930 Capital Outlay.................................................. $846,691 Total Funds Budgeted ....................................... .$131,267,311 State Funds Budgeted ....................................... .$126,614,517

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

30,527,446

Milledgeville State YDC

14,382,009

Augusta State YDC

9,758,770

Atlanta State YDC

5,867,725

Macon State YDC

5,554,542

Court Services

15,888,883

Community Treatment Centers

2,425,064

Day Centers

476,414

Group Homes

1,049,780

Purchased Services

32,496,695

Runaway Investigation/Interstate Compact

1,002,375

Assessment and Classification

652,358

Youth Services Administration

7,079,495

Multi-Service Centers

4,105,755

Total

131,267,311

State Funds 29,010,079 13,806,351 9,101,481 5,594,785 5,288,761 15,742,079 2,425,064 476,414 1,049,780 31,669,740 1,002,375 652,358 7,079,495 3,715,755
126,614,517

Section 9. Department of Community Affairs. Budget Unit: Department of Community Affairs.................... $38,933,882 Personal Services ..............................................$6,214,998 Regular Operating Expenses ..................................... $334,240 Travel ......................................................... $170,205 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $7,180 Computer Charges .............................................. $146,005 Real Estate Rentals ............................................. $513,430 Telecommunications .............................................. $49,090 Per Diem, Fees and Contracts .................................... $217,000 ARC Revolving Loan Fund ......................................... $--0-- Contracts with Regional Development Commissions ................ $2,272,825 Local Assistance Grants ...................................... .$10,027,413 Appalachian Regional Commission Assessment ...................... $97,100 Community Development Block Grants (Federal) ................ .$30,000,000 National and Community Service Program ........................... $--0-- Payments to Music Hall of Fame Authority ........................ $774,059 Payments to Sports Hall of Fame ................................. $126,790 Local Development Fund ......................................... $750,000 Payment to State Housing Trust Fund. ........................... $4,625,000 Payment to Georgia Housing Finance Authority ................... $4,607,000 Payment to Georgia Environmental Facilities Authority ............ $2,305,898 Regional Economic Business Assistance Grants .................... $7,000,000 Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $216,138 Business Flood Disaster Recovery Program........................... $--0-- EZ/EC Administration ........................................... $225,000 Capital Felony Expenses ........................................... $--0--

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Total Funds Budgeted ......................................... $71,429,371 State Funds Budgeted ......................................... $38,933,882

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 34,789,959

Planning, Information and Management Division

$ 3,880,669

Business and Financial Assistance Division

$ 32,758,743

Total

$ 71,429,371

State Funds $ 33,515,892
$ 3,707,663 $ 1,710,327 $ 38,933,882

Section 10. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ......... .$682,593,169
Personal Services ........................................... .$472,180,309 Regular Operating Expenses ................................... $56,134,874 Travel ........................................................ $2,202,700 Motor Vehicle Purchases ........................................ $3,128,720 Equipment .................................................... $4,498,745 Computer Charges ............................................. $5,530,990 Real Estate Rentals ............................................ $5,986,101 Telecommunications ............................................ $6,930,550 Per Diem, Fees and Contracts ................................... $8,059,901 Capital Outlay .................................................. $234,450 Utilities...................................................... $22,530,660 Court Costs ................................................... $1,600,000 County Subsidy ............................................... $16,893,100 County Subsidy for Jails ........................................ $7,508,207 County Workcamp Construction Grants.............................. $--0-- Central Repair Fund ........................................... $1,152,000 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $68,106,416 Payments to MAG for Health Care Certification ..................... $63,420 University of Georgia--College of Veterinary Medicine
Contracts .................................................... $366,244 Minor Construction Fund ........................................ $734,000 Total Funds Budgeted ....................................... .$691,038,247 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$682,593,169

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 80,128,104 $ 78,373,694

Institutions and Support

$ 500,280,837 $ 497,023,344

Probation

$ 110,629,306 $ 107,196,131

Total

$ 691,038,247 $ 682,593,169

B. Budget Unit: Board of Pardons and Paroles ....................... $41,394,832 Personal Services .............................................$33,206,024 Regular Operating Expenses .................................... $1,560,147 Travel ......................................................... $587,000 Motor Vehicle Purchases .......................................... $78,000

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499

Equipment ..................................................... $271,000 Computer Charges .............................................. $313,200 Real Estate Rentals ............................................ $2,634,111 Telecommunications ............................................. $951,700 Per Diem, Fees and Contracts ................................... $1,118,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ......................................... $41,394,832 State Funds Budgeted ........................................ .$41,394,832

Section 11. Department of Defense. Budget Unit: Department of Defense............................... $4,694,610 Personal Services ..............................................$9,171,902 Regular Operating Expenses .................................... $6,644,215 Travel .......................................................... $29,375 Motor Vehicle Purchases .......................................... $15,791 Equipment ...................................................... $28,840 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $456,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$16,422,473 State Funds Budgeted .......................................... $4,694,610

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,421,624

Georgia Air National Guard

$ 5,078,563

Georgia Army National Guard

$ 9,922,286

Total

$ 16,422,473

State Funds

$ 1,288,020

$

332,380

$ 3,074,210

$ 4,694,610

Section 12. State Board of Education Department of Education A. Budget Unit: Department of Education ........................ $3,779,604,189
Operations: Personal Services ............................................ .$36,353,475 Regular Operating Expenses .................................... $6,319,446 Travel ........................................................ $1,518,118 Motor Vehicle Purchases ......................................... $139,665 Equipment ..................................................... $339,231 Computer Charges ............................................. $8,364,242 Real Estate Rentals ............................................ $1,521,366 Telecommunications ............................................ $1,323,661 Per Diem, Fees and Contracts ................................. .$21,269,388 Utilities ........................................................ $962,485 Capital Outlay .................................................... $--0--
QBE Formula Grants: Kindergarten/Grades 1-3 ..................................... .$827,651,524 Grades 4-8 ..................................................$779,316,673 Grades 9-12 ................................................ .$296,732,910 High School Laboratories .................................... .$180,409,249 Vocational Education Laboratories ............................ .$111,169,887 Special Education ........................................... .$329,549,291 Gifted ...................................................... .$48,746,103 Remedial Education .......................................... .$73,351,312 Staff Development and Professional Development ................ .$32,199,664

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Media ...................................................... .$95,532,367 Indirect Cost ............................................... .$627,252,894 Pupil Transportation ........................................ .$136,605,917 Local Fair Share ........................................... $(658,700,987) Mid-Term Adjustment Reserve.................................. $77,462,514 Teacher Salary Schedule Adjustment .......................... .$149,218,645 Other Categorical Grants: Equalization Formula ........................................ $160,777,464
Sparsity Grants................................................ $3,341,971 In School Suspension .......................................... $22,166,686
Special Instructional Assistance ................................ $69,091,100 Middle School Incentive....................................... .$70,986,887 Special Education Low--Incidence Grants ......................... $563,759 Limited English-Speaking Students Program .................... .$10,876,940 Non-QBE Grants: Education of Children of Low-Income Families ................. .$179,775,843
Retirement (H.B. 272 and H.B. 1321)............................. $5,173,750 Instructional Services for the Handicapped ...................... .$54,732,103 Tuition for the Multi-Handicapped ............................... $1,546,207 Severely Emotionally Disturbed................................. $39,621,548 School Lunch (Federal) ...................................... .$188,375,722
School Lunch (State) .......................................... $26,798,985 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ................... $2,005,097
Regional Education Service Agencies ............................. $8,899,461 Georgia Learning Resources System .............................. $3,528,045
High School Program ......................................... .$21,568,381 Special Education in State Institutions ........................... $4,782,130
Governor's Scholarships......................................... $2,818,424 Counselors .................................................... $6,661,809
Vocational Research and Curriculum .............................. $293,520 Even Start ....................................................$2,720,906 Salaries and Travel of Public Librarians ......................... $11,803,272 Public Library Materials ........................................ $5,719,142 Talking Book Centers............................................ $992,239 Public Library M&O.......................................... $4,039,395 Child Care Lunch Program (Federal) ............................ $25,244,070 Chapter II--Block Grant Flow Through........................... $9,663,513 Payment of Federal Funds to Board of Technical and Adult
Education .................................................. $16,892,002 Education of Homeless Children/Youth ............................ $637,478 Innovative Programs ........................................... $1,690,215 Next Generation School Grants .................................. $2,443,700 Drug Free School (Federal)..................................... $11,625,943 At Risk Summer School Program ................................ $6,000,000 Emergency Immigrant Education Program ......................... $397,666 Title II Math/Science Grant (Federal)............................. $5,042,895 Robert C. Byrd Scholarship (Federal).............................. $772,500 Health Insurance--Non-Cert. Personnel and Retired
Teachers .................................................. .$99,047,892 Pre-School Handicapped Program ............................... $14,199,935 Mentor Teachers ............................................... $1,250,000 Advanced Placement Exams ........................................ $--0-- Serve America Program .......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,875,664

FRIDAY, FEBRUARY 9, 1996

501

Alternative Programs .......................................... $12,394,075 Environmental Science Grants.................................... $100,000 Pay for Performance ............................................ $1,940,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $50,000 Technology Specialist.......................................... $12,827,367 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,323,853,741 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $3,779,604,189

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 9,462,242 $ 7,077,436

Instructional Services

$ 25,486,630 $ 19,266,363

Governor's Honors Program

$ 1,246,565 $ 1,159,121

Administrative Services

$ 17,897,753 $ 13,482,690

Special Services

$ 6,242,899 $ 2,730,341

Professional Practices Commission

$

927,314 $

927,314

Local Programs

$ 4,246,092,664 $ 3,719,527,543

Georgia Academy for the Blind

$ 5,266,662 $ 4,949,611

Georgia School for the Deaf

$ 6,046,724 $ 5,742,214

Atlanta Area School for the Deaf

$ 5,184,288 $ 4,741,556

Total

$ 4,323,853,741 $ 3,779,604,189

B. Budget Unit: Lottery for Education ............................ .$210,606,245 Pre-Kindergarten for 4-year-olds .............................. .$187,646,245 Applied Technology Labs ........................................... $--0-- Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ................................... --0-- Alternative Programs ........................................... $5,000,000 Educational Technology Centers .................................. $900,000 Distant Learning--Satellite Dishes.................................. $--0--
Model Technology Schools ........................................ $250,000 Capital Outlay ............................................... .$11,950,000 Post Secondary Options ......................................... $1,200,000 Learning Logic Sites. ........................................... $1,000,000
Media Center/Library Equipment ................................ $2,160,000 Total Funds Budgeted ....................................... .$210,606,245 Lottery Funds Budgeted ..................................... .$210,606,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement System........................... $--0-- Personal Services .............................................. $1,867,088 Regular Operating Expenses ..................................... $354,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $20,608 Computer Charges .............................................. $564,140 Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $39,231 Per Diem, Fees and Contracts ................................... $1,304,000 Benefits to Retirees ............................................... $--0-- Total Funds Budgeted .......................................... $4,471,567 State Funds Budgeted ............................................. $--0--

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JOURNAL OF THE SENATE

Section 14. Forestry Commission. Budget Unit: Forestry Commission ............................... $36,458,648 Personal Services ............................................ .$30,021,438 Regular Operating Expenses .................................... $5,931,099 Travel ......................................................... $159,937 Motor Vehicle Purchases ........................................ $1,313,670 Equipment .................................................... $1,757,312 Computer Charges .............................................. $416,000 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts .................................... $411,831 Ware County Grant ............................................... $--0-- Ware County Grant for Southern Forest World ...................... $30,000 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $241,752 Total Funds Budgeted ........................................ .$41,325,909 State Funds Budgeted ........................................ .$36,458,648

Departmental Functional Budgets Total Funds

Reforestation

$ 1,777,188

Field Serivces

$ 35,453,642

General Administration and Support

$ 4,095,079

Total

$ 41,325,909

State Funds

$

26,304

$ 32,505,420

$ 3,926,924

$ 36,458,648

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...................... $46,667,108 Personal Services ............................................ .$33,795,416 Regular Operating Expenses .................................... $4,092,182 Travel ......................................................... $539,727 Motor Vehicle Purchases ......................................... $830,397 Equipment .................................................... $1,786,463 Computer Charges .............................................. $781,736 Real Estate Rentals ............................................ $2,083,323 Telecommunications ............................................. $892,081 Per Diem, Fees and Contracts ................................... $1,356,783 Evidence Purchased ............................................. $509,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted ......................................... $46,667,108 State Funds Budgeted ........................................ .$46,667,108

Departmental Functional Budgets Total Funds

Administration

$ 3,778,310

Investigative

$ 24,315,275

Georgia Crime Information Center

$ 8,654,070

Forensic Sciences

$ 9,919,453

Total

$ 46,667,108

State Funds $ 3,778,310 $ 24,315,275 $ 8,654,070 $ 9,919,453 $ 46,667,108

Section 16. Office of the Governor. A. Budget Unit: Office of the Governor ............................. .$34,499,963
Personal Services ............................................. $15,717,791 Regular Operating Expenses .................................... $1,109,102 Travel ......................................................... $318,897

FRIDAY, FEBRUARY 9, 1996

503

Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $99,726 Computer Charges .............................................. $629,614 Real Estate Rentals ............................................ $1,019,100 Telecommunications ............................................. $386,878 Per Diem, Fees and Contracts ................................... $4,927,589 Cost of Operations ............................................. $3,512,745 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $6,357,000 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,850,000 Art Grants of Non-State Funds ................................... $372,960 Humanities Grant--State Funds.................................. $130,600 Art Acquisitions--State Funds...................................... $--0-- Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,189,700 Georgia Crime Victims Assistance Program ........................ $100,000 Grants to Local Systems ......................................... $684,400 Grants--Local EMA ............................................ $1,085,968 Grants--Other.................................................... $--0-- Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ........................................ .$42,048,045 State Funds Budgeted ......................................... $34,499,963

Departmental Functional Budgets Total Funds

Governor's Office

$ 10,074,745

Office of Fair Employment Practices

$

993,023

Office of Planning and Budget

$ 7,882,873

Council for the Arts

$ 5,182,770

Office of Consumer Affairs

$ 3,396,223

Vocational Education Advisory Council

$

356,491

Georgia Information Technology Policy Council $

354,600

Criminal Justice Coordinating Council

$ 1,351,302

Children and Youth Coordinating Council

$ 1,900,826

Human Relations Commission

$

320,864

Professional Standards Commission

$ 4,828,157

Georgia Emergency Management Agency

$ 5,179,611

Office of State Olympic Coordination

$

226,560

Total

$ 42,048,045

State Funds

$ 10,074,745

$

835,023

$ 7,782,873

$ 4,396,670

$ 3,396,223

$

89,065

$

354,600

$

411,983

$

547,826

$

320,864

$ 4,828,157

$ 1,235,374

$

226,560

$ 34,499,963

Section 17. Department of Human Resources. A. Budget Unit: Departmental Operations .......................... $696,974,929
1. General Administration and Support Budget: Personal Services .............................................$51,069,425 Regular Operating Expenses .................................... $2,309,688 Travel ........................................................ $1,357,311 Motor Vehicle Purchases ........................................ $1,691,555 Equipment ...................................................... $95,600 Real Estate Rentals ............................................ $4,828,364 Per Diem, Fees and Contracts ................................... $5,344,953 Computer Charges ............................................. $1,374,048

504

JOURNAL OF THE SENATE

Telecommunications ............................................. $680,361 Special Purpose Contracts........................................ $254,000 Service Benefits for Children ................................... $46,878,658 Purchase of Service Contracts .................................. $36,503,743 Institutional Repairs and Maintenance ............................. $73,440 Postage ........................................................ $995,980 Payments to DMA-Community Care ............................. $15,826,037 Grant-In-Aid to Counties......................................... $350,000 Grants to County DFACS Operations .............................. $741,211 Total Funds Budgeted ....................................... .$170,374,374 Indirect DOAS Services Funding.................................. $412,600 State Funds Budgeted ....................................... .$107,264,884

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

6,058,409

6,058,409

Budget Administration

2,149,712

2,149,712

Office of Children and Youth

46,878,658

34,994,603

Administrative Support Services

20,140,782

18,497,628

Facilities Management

5,506,954

4,252,958

Regulatory Services--Program Direction and Support

832,591

822,591

Child Care Licensing

3,074,934

3,074,934

Health Care Facilities Regulation

9,758,829

4,218,726

Fraud and Abuse

6,224,787

2,319,475

Financial Services

6,131,808

5,931,808

Auditing Services

1,847,154

1,847,154

Personnel Administration Indirect Cost

1,770,049 --0--

1,770,049 (8,355,268)

Public Affairs

523,853

523,853

Aging Services

56,087,499

27,453,952

State Health Planning Agency

1,730,444

1,650,444

DD Council

1,657,911

53,856

Total

170,374,374

107,264,884

2. Public Health Budget: Personal Services .............................................$53,353,548 Regular Operating Expenses ................................... $77,524,211 Travel ......................................................... $964,432 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $127,851 Real Estate Rentals ............................................ $1,421,803 Per Diem, Fees and Contracts ................................... $5,191,465 Computer Charges ............................................. $1,205,962 Telecommunications ............................................ $1,238,831 Special Purpose Contracts........................................ $682,869 Purchase of Service Contracts .................................. $13,106,950 Grant-In-Aid to Counties..................................... .$119,493,795 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $124,731 Grants for Regional Maternal and Infant Care........................ $--0--

FRIDAY, FEBRUARY 9, 1996

505

Medical Benefits Total Funds Budg;eeted ......... Indirect DOAS Service Funding State Funds Budg;eted .........

....... $4,978,469 $279,449,417
........ $549,718 $151,361,153

Departmental Functional Budgets Total Funds

District Health Administraition

$ 12,564,340

Newborn Follow-Up Care

$ 1,295,984

Oral Health

$ 1,513,813

Stroke and Heart Attack Drevention

$ 2,601,837

Sickle Cell, Vision and Hearing

$ 4,303,429

High-Risk Pregnant Womemn and Infants

$ 5,505,221

Sexually Transmitted Dise;ases

$ 2,256,390

Family Planning

$ 10,084,152

Women, Infants and Chil Iren Nutrition

$ 82,463,644

Grant in Aid to Counties

$ 61,489,732

Children's Medical Services

$ 13,211,627

Emergency Health

$ 3,274,089

Primary Health Care

$ 1,880,145

Epidemiology

$

495,945

Immunization

$

969,937

Community Tuberculosis CCoonnttrrol

$ 6,658,655

Family Health Management

$ 1,188,122

Infant and Child Health

$ 1,194,476

Maternal Health--Perinatal

$ 2,479,915

Chronic Disease

$

560,561

Diabetes

$

542,182

Cancer Control

$ 5,068,567

Director's Office

$ 1,201,784

Injury Control

$

251,815

Health Program Managemteent

$ 1,949,489

Vital Records

$ 1,882,812

Health Services Research

$ 2,569,979

Environmental Health

$

872,038

Laboratory Services

$ 5,566,771

Community Care

$ 4,136,288

Community Health Manag;ement

$

129,415

Aids

$ 8,961,583

Vaccines

$ 10,896,437

Drug and Clinic Supplies

$ 3,316,626

Adolescent Health

$ 3,157,960

Public Health--Planning CCoouuncils

$

177,529

Early Intervention

$ 12,776,128

State Funds

$ 12,434,665

$ 1,116,788

$ 1,191,638

$ 1,530,878

$ 3,888,424

$ 5,393,221

$

400,525

$ 5,415,855

$

-- 0--

$ 60,590,878

$ 6,605,813

$ 1,960,907

$ 1,735,982

$

345,955

$

-0-

$ 5,237,894

$

870,322

$

505,089

$

937,097

$

560,561

$

542,182

$ 5,068,567

$ 1,004,559

$

50,635

$ 1,949,489

$ 1,653,133

$ 2,347,161

$

682,965

$ 5,446,771

$ 1,567,182

$

129,415

$ 4,432,831

$ 1,870,754

$ 2,560,006

$ 2,034,356

$

160,032

$ 10,674,341

506

JOURNAL OF THE SENATE

Public Health- -Division Indirect Cost

--0--

(1,535,718)

Total

279,449,417

151,361,153

3. Rehabilitation Services Budget: Personal Services ............................................. $75,340,932 Regular Operating Expenses ................................... $12,552,958 Travel ........................................................ $1,218,988 Motor Vehicle Purchases .......................................... $83,000 Equipment ..................................................... $743,880 Real Estate Rentals ............................................ $4,676,391 Per Diem, Fees and Contracts ................................... $8,356,334 Computer Charges ............................................. $2,457,974 Telecommunications ............................................ $1,704,334 Case Services ................................................ .$25,249,433 E.S.R.P. Case Services ............................................. $--0-- Special Purpose Contracts........................................ $713,163 Purchase of Services Contracts ................................. $10,809,323 Institutional Repairs and Maintenance ............................ $215,000 Utilities........................................................ $937,269 Postage ........................................................ $817,786 Total Funds Budgeted ....................................... .$145,876,765 Indirect DOAS Service Funding................................... $100,000 State Funds Budgeted ........................................ .$24,227,831

Departmental Functional Budgets Total Funds

State Funds

District Field Services

49,174,050

10,150,676

Independent Living

975,265

719,491

Sheltered Employment

1,660,507

758,979

Community Facilities

9,619,759

3,639,056

State Rehabilitation Facilities Diversified Industries of Georgia

7,214,594 809,166

1,452,195 --0--

Program Direction and Support

4,117,040

1,292,597

Grants Management Disability Adjudication

722,458 34,758,717

722,458 --0--

Georgia Factory for Blind

12,514,975

827,513

Roosevelt Warm Springs Institute

24,310,234

4,664,866

Total

$ 145,876,765

24,227,831

4. Family and Children Services Budget: Personal Services .............................................$45,517,745 Regular Operating Expenses .................................... $4,732,739 Travel ......................................................... $961,917 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $400,080 Real Estate Rentals ............................................ $3,199,423 Per Diem, Fees and Contracts ................................. .$19,519,509 Computer Charges ............................................ $27,758,670 Telecommunications ............................................ $9,664,964 Children's Trust Fund .......................................... $2,158,042 Cash Benefits. .............................................. .$424,009,918 Special Purpose Contracts....................................... $4,789,195 Service Benefits for Children ................................. .$203,382,509

FRIDAY, FEBRUARY 9, 1996

507

Purchase of Service Contracts ............ Postage ................................ Grants to County DFACS--Operations Total Funds Budgeted ................... Indirect DOAS Services Funding .......... State Funds Budgeted ...................

$15,912,456 ......$4,734,156
$284,917,066 $1,051,658,389 ...... $2,565,582
$414,121,061

Departmental Functional Budgets Total Funds

Director's Office

$

353,128

Social Services

$ 3,760,190

Administrative Support

$ 6,609,584

Quality Assurance

$ 3,858,011

Community Services

$ 11,794,184

Field Management

$ 1,159,982

Human Resources Management

$ 2,020,148

Public Assistance

$ 31,731,515

Employment Services

$ 1,574,927

Child Support Recovery

$ 61,945,007

AFDC Payments

$ 412,170,798

SSI-- Supplemental Benefits

$

100

Refugee Programs

$ 2,799,420

Energy Benefits

$ 9,893,600

County DFACS Operations--Eligibility

$ 113,919,026

County DFACS Operations--Social Services

$ 87,946,600

Food Stamp Issuance

$ 3,190,752

County DFACS Operations--Homemakers Services

$ 8,034,943

County DFACS Operations--Joint and Administration

$ 61,472,410

County DFACS Operations--Employability Program

$ 13,544,087

Employability Benefits

$ 28,898,186

Legal Services

$ 3,190,503

Family Foster Care

$ 32,960,883

Institutional Foster Care

$ 10,625,850

Specialized Foster Care

$ 5,825,175

Adoption Supplement

$ 10,978,269

Prevention of Foster Care

$ 11,544,785

Day Care

$ 105,227,651

Outreach -- Contracts

$

313,240

Special Projects

$ 2,157,393

Children's Trust Fund

$ 2,158,042

Indirect Cost

$

-- 0--

Total

$ 1,051,658,389

State Funds

$

353,128

$ 3,364,997

$ 5,385,210

$ 3,858,011

$

557,959

$ 1,159,982

$ 1,830,526

$ 13,983,389

$ 1,574,927

$ 4,834,840

$ 156,709,968

$

100

$

-- 0--

$

-- 0--

$ 56,892,944

$ 31,527,769

$

-- 0--

$ 2,456,667

$ 31,294,234

$ 5,211,640

$ 11,695,177

$ 2,420,990

$ 21,575,631

$ 8,329,504

$ 4,901,767

$ 8,237,408

$ 7,408,642

$ 32,696,098

$

156,620

$ 1,907,591

$ 2,158,042

$ (8,362,700)

$ 414,121,061

508

JOURNAL OF THE SENATE

Budget Unit Object Classes: Personal Services ............................................ $225,281,650 Regular Operating Expenses ................................... $97,119,596 Travel ........................................................ $4,502,648 Motor Vehicle Purchases ........................................ $1,774,555 Equipment .................................................... $1,367,411 Real Estate Rentals ........................................... $14,125,981 Per Diem, Fees and Contracts .................................. $38,412,261 Computer Charges ............................................ $32,796,654 Telecommunications ........................................... $13,288,490 Case Services .................................................$25,249,433 E.S.R.P. Case Services ............................................. $--0-- Children's Trust Fund .......................................... $2,158,042 Cash Benefits................................................$424,009,918 Special Purpose Contracts....................................... $6,439,227 Service Benefits for Children ................................. .$250,261,167 Purchase of Service Contracts .................................. $76,332,472 Grant-In-Aid to Counties..................................... .$119,843,795 Institutional Repairs and Maintenance ............................ $322,940 Utilities........................................................ $937,269 Postage ....................................................... $6,672,653 Payments to DMA-Community Care............................. $15,826,037 Grants for Regional Maternal and Infant Care........................ $--0-- Grants to County DFACS--Operations ......................... $285,658,277 Medical Benefits ............................................... $4,978,469
B. Budget Unit: Community Mental Health/Mental Retardation and Institutions .............................................. .$499,734,301 Personal Services ........................................... .$363,934,733 Operating Expenses ........................................... $62,122,580 Motor Vehicle Equipment Purchases .............................. $882,000 Utilities ..................................................... .$12,347,036 Major Maintenance and Construction............................. $2,021,190 Community Services......................................... .$271,496,388 Total Funds Budgeted ........................................ $712,803,927 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$499,734,301

Departmental Functional Budgets Total Funds

Southwestern State Hospital

$ 40,535,746

Brook Run

$ 33,247,324

Georgia Mental Health Institute

$ 27,520,671

Georgia Regional Hospital at Augusta

$ 22,342,415

Northwest Regional Hospital at Rome

$ 28,319,217

Georgia Regional Hospital at Atlanta

$ 29,740,526

Central State Hospital

$ 145,072,001

Georgia Regional Hospital at Savannah

$ 19,422,238

Gracewood State School and Hospital

$ 51,647,048

West Central Georgia Regional Hospital

$ 19,802,063

Outdoor Therapeutic Program

$ 3,846,635

Metro Drug Abuse Centers

$ 1,662,565

Community Mental Health Services

$ 123,236,827

State Funds $ 25,357,896 $ 14,537,996 $ 25,602,869 $ 20,455,523 $ 20,856,482 $ 25,185,535 $ 85,125,238 $ 17,740,917 $ 22,323,512 $ 17,015,824 $ 2,937,700 $ 1,467,065 $ 117,017,087

FRIDAY, FEBRUARY 9, 1996

509

Community Mental Retardation Services Community Substance Abuse Services State Administration Regional Administration Total

$ 100,803,077 $ 51,209,127 $ 10,062,326 $ 4,334,121 $ 712,803,927

64,487,746 28,683,287
6,753,151 4,186,473 $ 499,734,301

Section 18. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism. ......... .$28,367,568 Personal Services .............................................. $9,297,710 Regular Operating Expenses .................................... $1,621,170 Travel ......................................................... $347,500 Motor Vehicle Purchases .......................................... $59,978 Equipment ..................................................... $137,872 Computer Charges .............................................. $149,938 Real Estate Rentals ............................................ $1,024,915 Telecommunications ............................................. $336,000 Per Diem, Fees and Contracts ................................... $1,417,010 Local Welcome Center Contracts .................................. $181,600 Marketing.. ................................................. .$10,859,580 Georgia Ports Authority Lease Rentals ........................... $1,240,000 Foreign Currency Reserve ......................................... $74,095 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ............................. $--0-- Georgia World Congress Center .................................. $2,500,000 Total Funds Budgeted ........................................ .$29,297,368 State Funds Budgeted ........................................ .$28,367,568

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 17,947,679 $ 4,516,599 $ 1,694,389 $ 5,138,701 $ 29,297,368

State Funds $ 17,327,879 $ 4,416,599 $ 1,694,389 $ 4,928,701 $ 28,367,568

Section 19. Department of Insurance. Budget Unit: Department of Insurance ........................... .$15,772,518 Personal Services ............................................. $13,982,959 Regular Operating Expenses ..................................... $722,723 Travel ......................................................... $401,560 Motor Vehicle Purchases ......................................... $129,850 Equipment ...................................................... $66,880 Computer Charges .............................................. $442,990 Real Estate Rentals ............................................. $806,814 Telecommunications ............................................. $317,300 Per Diem, Fees and Contracts .................................... $208,242 Health Care Utilization Review ..................................... $--0-- Total Funds Budgeted ........................................ .$17,079,318 State Funds Budgeted ........................................ .$15,772,518

510

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,263,447

Insurance Regulation

$ 6,820,532

Industrial Loans Regulation

$

551,813

Fire Safety and Mobile Home Regulations

$ 5,443,526

Total

$ 17,079,318

State Funds

$ 4,263,447

$ 6,820,532

$

551,813

$ 4,136,726

$ 15,772,518

Section 20. Department of Labor.
Budget Unit: Department of Labor ................................ $7,942,762 Personal Services ............................................. $68,510,067 Regular Operating Expenses .................................... $7,424,929 Travel ........................................................ $1,346,137 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $844,965
Computer Charges ............................................. $7,151,101 Real Estate Rentals ............................................ $2,150,518 Telecommunications ............................................ $1,343,288
Per Diem, Fees and Contracts (JTPA) ........................... $66,500,000 Per Diem, Fees and Contracts ................................... $3,164,280
W.I.N. Grants .................................................... $--0-- Payments to State Treasury ..................................... $1,774,079
Capital Outlay................................................. $3,685,000 Total Funds Budgeted ....................................... .$163,894,364 State Funds Budgeted .......................................... $7,942,762

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,192,936

Employment and Training Services

$ 134,701,428

Total

$ 163,894,364

State Funds $ 5,421,641 $ 2,521,121 $ 7,942,762

Section 21. Department of Law. Budget Unit: Department of Law ................................ .$12,248,879
Personal Services ............................................ .$11,046,739
Regular Operating Expenses ..................................... $610,488 Travel ......................................................... $129,322 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $65,240
Computer Charges .............................................. $360,793 Real Estate Rentals ............................................. $504,813 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts .................................... $150,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$13,154,819 State Funds Budgeted ........................................ .$12,248,879

Section 22. Department of Medical Assistance. A. Budget Unit: Medicaid Services............................... $1,193,239,526
Personal Services ............................................ .$14,972,985 Regular Operating Expenses .................................... $4,937,733 Travel ......................................................... $188,400 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $39,500 Computer Charges ........................................... .$27,341,065

FRIDAY, FEBRUARY 9, 1996

511

Real Estate Rentals ............................................. $885,000 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts .................................. $67,660,024 Medicaid Benefits, Penalties and Disallowances................ $3,314,513,242 Audit Contracts................................................. $772,500 Total Funds Budgeted ...................................... $3,431,735,449 State Funds Budgeted ...................................... $1,193,239,526

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,363,627 $

137,553

Benefits, Penalties and Disallowances

$ 3,314,513,242 $ 1,169,667,726

Long Term Care

$ 1,326,155 $

511,907

Systems Management

$ 34,166,842 $ 10,570,417

Professional Services

$ 2,447,208 $ 1,030,359

Maternal and Child Health

$ 1,273,239 $

524,982

Reimbursement Services

$ 9,455,504 $ 4,649,213

General Administration

$ 59,525,078 $ 2,359,286

Managed Care

$ 2,673,554 $ 1,292,583

Legal and Regulatory

$ 4,991,000 $ 2,495,500

Total

$ 3,431,735,449 $ 1,193,239,526

B. Budget Unit: Indigent Trust Fund ............................. .$146,300,000 Per Diem, Fees and Contracts ................................... $7,860,216 Benefits .....................................................$377,139,784 Total Funds Budgeted ....................................... .$385,000,000 State Funds Budgeted ....................................... .$146,300,000

Section 23. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ................ $--0-- Personal Services .............................................. $8,636,124 Regular Operating Expenses .................................... $1,895,430 Travel .......................................................... $91,512 Equipment ...................................................... $14,161 Real Estate Rents ............................................... $921,758 Per Diem, Fees and Contracts ................................ .$159,320,065 Computer Charges ............................................. $3,275,673 Telecommunications ............................................. $427,123 Health Insurance Payments ................................... $858,178,798 Total Funds Budgeted ...................................... $1,032,760,644 Other Agency Funds............................................. $142,256 Agency Assessments........................................... $11,875,396 Employee and Employer Contributions ....................... $1,020,494,396 Deferred Compensation .......................................... $248,596 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 3,054,925

Applicant Services

$ 2,587,089

Classification and Compensation

$ 1,363,169

Flexible Benefits

$ 1,177,099

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

512

JOURNAL OF THE SENATE

Employee Training and Development Health Insurance Administration Accounting and Audits Administration and Systems Total

$ 1,301,859

--0-

$ 1,019,564,515

--0-

$ 1,160,976

--0-

$ 2,551,012

--0-

$ 1,032,760,644

--0-

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.................. $93,387,593 Personal Services ............................................. $72,183,553 Regular Operating Expenses ................................... $15,298,661 Travel ......................................................... $534,533 Motor Vehicle Purchases ........................................ $2,469,914 Equipment .................................................... $2,532,611 Real Estate Rentals ............................................ $2,581,324 Per Diem, Fees and Contracts ................................... $3,110,758 Computer Charges .............................................. $864,113 Telecommunications ............................................ $1,259,868 Authority Lease Rentals .......................................... $40,000 Advertising and Promotion ....................................... $200,000 Cost of Material for Resale ...................................... $2,645,300 Capital Outlay: New Construction ............................................... $943,810 Repairs and Maintenance ....................................... $2,719,500 Land Acquisition Support ........................................ $225,000 Wildlife Management Area Land Acquisition ....................... $800,000 Shop Stock--Parks .............................................. $350,000 User Fee Enhancements ........................................ $1,300,000 Buoy Maintenance ............................................... $35,000 Waterfowl Habitat ................................................ $--0-- Paving at State Parks and Historic Sites........................... $500,000 Grants: Land and Water Conservation .................................... $800,000 Georgia Heritage 2000 Grants .................................... $270,000 Recreation ..................................................... $800,000 Contracts: Paralympic Games ............................................. $1,500,000 Technical Assistance Contract .................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $279,545 U.S. Geological Survey for Ground Water Resources................. $300,000 U.S. Geological Survey for Topographic Mapping...................... $--0-- Payments to Civil War Commission ................................ $31,000 Hazardous Waste Trust Fund ................................. .$11,512,235 Solid Waste Trust Fund ........................................ $5,276,344 Payments to Georgia Agricultural Exposition Authority............. $2,281,543 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $7,000 Total Funds Budgeted ....................................... .$134,028,172 Receipts from Jekyll Island State Park Authority ................... $888,185 Receipts from Stone Mountain Memorial Association ............... $3,809,517 Receipts from Lake Lanier Islands Development Authority.......... $2,663,931 Receipts from North Georgia Mountain Authority .................. $1,422,256 Indirect DOAS Funding.......................................... $200,000 State Funds Budgeted ........................................ .$93,387,593

FRIDAY, FEBRUARY 9, 1996

513

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,884,646 $ 4,884,646

Program Support

$ 2,555,848 $ 2,555,848

Historic Preservation

$ 2,351,344 $ 1,861,344

Parks, Recreation and Historic Sites

$ 41,542,320 $ 15,934,854

Coastal Resources

$ 2,430,445 $ 2,309,936

Wildlife Resources

$ 35,290,759 $ 30,546,338

Environmental Protection

$ 43,733,688 $ 34,055,505

Pollution Prevention Program

$ 1,239,122 $ 1,239,122

Total

$ 134,028,172 $ 93,387,593

B. Budget Unit: Georgia Agricultural Exposition Authority ................ $--0-- Personal Services .............................................. $2,281,819 Regular Operating Expenses .................................... $1,774,578 Travel .......................................................... $21,059 Motor Vehicle Purchases .......................................... $12,000 Equipment ...................................................... $85,000 Computer Charges ............................................... $15,000 Real Estate Rentals ............................................... $--0-- Telecommunications .............................................. $38,000 Per Diem, Fees and Contracts .................................... $645,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted .......................................... $4,872,456 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,872,456

State Funds

$

--0--

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety ...................... .$100,084,190
1. Operations Budget: Personal Services ............................................ .$59,382,404 Regular Operating Expenses .................................... $7,805,450 Travel ......................................................... $132,617 Motor Vehicle Purchases ........................................ $4,093,430 Equipment ..................................................... $515,752 Computer Charges ............................................. $3,701,067 Real Estate Rentals ............................................ $2,773,116 Telecommunications ............................................ $1,418,147 Per Diem, Fees and Contracts .................................... $494,086 State Patrol Posts Repairs and Maintenance ....................... $150,000 Capital Outlay .................................................... $--0-- Conviction Reports ................................................ $--0-- Total Funds Budgeted ........................................ .$80,466,069 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $78,816,069
2. Driver Services Budget: Personal Services ............................................. $16,698,371 Regular Operating Expenses .................................... $1,737,262 Travel .......................................................... $21,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................'................. $119,077

514

JOURNAL OF THE SENATE

Computer Charges .............................................. $137,000 Real Estate Rentals .............................................. $53,108 Telecommunications ............................................. $618,853 Per Diem, Fees and Contracts ..................................... $62,500 Capital Outlay .................................................... $--0-- Conviction Reports .............................................. $300,150 State Patrol Posts Repairs and Maintenance ........................ $30,000 Driver License Processing ....................................... $1,490,000 Total Funds Budgeted ....................................... . .$21,268,121 Indirect DOAS Service Funding..................................... $--0-- State Funds Budgeted ........................................ .$21,268,121

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 21,823,257 $ 20,323,257

Driver Services

$ 21,268,121 $ 21,268,121

Field Operations

$ 58,642,812 $ 58,492,812

Total

$ 101,734,190 $ 100,084,190

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,635,111 1. Attached Units Budget: Personal Services .............................................. $8,183,176 Regular Operating Expenses .................................... $2,770,007 Travel ......................................................... $113,799 Motor Vehicle Purchases .......................................... $72,536 Equipment ..................................................... $263,728 Computer Charges .............................................. $187,762 Real Estate Rentals ............................................. $169,001 Telecommunications ............................................. $164,171 Per Diem, Fees and Contracts .................................... $757,341 Highway Safety Grants ......................................... $2,846,425 Peace Officers Training Grants .................................. $3,705,160 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$19,233,106 State Funds Budgeted ........................................ .$14,635,111

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,530,970

Georgia Peace Officers Standards and Training $ 5,703,163

Police Academy

$ 1,390,494

Fire Academy

$ 1,212,250

Georgia Firefighters Standards and Training Council

$

444,494

Georgia Public Safety Training Facility

$ 6,951,735

Total

$ 19,233,106

State Funds

$

318,130

$ 5,703,163

$ 1,075,339

$ 1,092,250

$

444,494

$ 6,001,735

$ 14,635,111

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ......... .$13,315,000 Payments to Employees' Retirement System........................ $575,000 Employer Contributions....................................... .$12,740,000 Total Funds Budgeted ........................................ .$13,315,000 State Funds Budgeted ........................................ .$13,315,000

FRIDAY, FEBRUARY 9, 1996

515

Section 27. Public Service Commission. Budget Unit: Public Service Commission ........................... $8,757,763 Personal Services .............................................. $7,033,660
Regular Operating Expenses ..................................... $666,030 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $103,000
Equipment ...................................................... $44,621 Computer Charges .............................................. $425,899
Real Estate Rentals ............................................. $331,039 Telecommunications ............................................. $134,962 Per Diem, Fees and Contracts ................................... $2,151,460
Total Funds Budgeted ......................................... $11,147,427 State Funds Budgeted .......................................... $8,757,763

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,922,754 $ 4,005,868 $ 5,218,805 $ 11,147,427

State Funds $ 1,922,754 $ 1,820,018 $ 5,014,991 $ 8,757,763

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................ $1,082,833,474
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,157,881,143 Sponsored Operations ....................................... .$202,917,763
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$289,713,286 Sponsored Operations ....................................... .$145,787,679 Special Funding Initiative...................................... $15,229,094 Office of Minority Business Enterprise ............................. $994,628 Student Education Enrichment Programs .......................... $364,360 Forestry Research ............................................... $362,508 Research Consortium ........................................... $5,000,000 Capital Outlay ..................................................... --0-- Total Funds Budgeted ...................................... $1,818,250,461 Departmental Income......................................... .$42,000,000 Sponsored Income ........................................... .$348,705,442 Other Funds.................................................$341,684,245 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ...................................... $1,082,833,474
B. Budget Unit: Regents Central Office and Other Organized Activities...................................................... $169,833,145
Personal Services: Educ., Gen., and Dept. Svcs .................................. .$262,153,399 Sponsored Operations ......................................... $69,874,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$126,595,678 Sponsored Operations ........................................ .$38,184,000 Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research .......................................... $2,392,532 Advanced Technology Development Center ........................ $1,979,060 Capitation Contracts for Family Practice Residency ................ $3,548,759 Residency Capitation Grants .................................... $2,484,870 Student Preceptorships .......................................... $146,400

516

JOURNAL OF THE SENATE

Mercer Medical School Grant.................................... $6,619,012 Morehouse School of Medicine Grant ............................. $5,549,778 Capital Outlay................................................... $35,000 Center for Rehabilitation Technology ............................. $2,072,196 SREB Payments ............................................... $5,352,800
Medical Scholarships ........................................... $1,347,852 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,034,952 CRT Inc. Contract at Georgia Tech Research Institute ............... $219,372 Direct Payments to the Georgia Public Telecommunications
Commission for Operations ................................... $14,227,443
Total Funds Budgeted ....................................... .$544,617,103 Departmental Income.............................................. $--0-- Sponsored Income ........................................... .$109,330,000 Other Funds.................................................$264,898,258
Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$169,833,145

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

$ 1,962,984 $ 1,345,184

Skidaway Institute of Oceanography

$ 3,923,849 $ 1,532,120

Marine Institute

$ 1,388,994 $

988,994

Georgia Tech Research Institute

$ 116,731,291 $ 13,708,799

Education Extension Services

$ 10,733,002 $ 2,547,910

Agricultural Experiment Station

$ 56,986,775 $ 36,398,122

Cooperative Extension Service

$ 47,668,561 $ 29,856,244

Medical College of Georgia Hospital and Clinics $ 245,207,899 $ 31,697,885

Veterinary Medicine Experiment Station

$ 2,781,531 $ 2,781,531

Veterinary Medicine Teaching Hospital

$ 2,746,641 $

512,595

Joint Board of Family Practice

$ 23,745,701 $ 23,745,701

Georgia Radiation Therapy Center

$ 2,920,000 $

--0--

Athens and Tifton Veterinary Laboratories

$ 3,121,122 $

121,122

Regents Central Office

$ 24,698,753 $ 24,596,938

Office of Technology Policy

$

--0-- $

--0--

Total

$ 544,617,103 $ 169,833,145

C. Budget Unit: Georgia Public Telecommunications Commission ........................................................ $--0-- Personal Services .............................................. $8,428,471 Operating Expenses .......................................... .$17,358,307 Total Funds Budgeted ........................................ .$25,786,778 Other Funds..................................................$25,786,778
State Funds Budgeted ............................................. $--0--

D. Budget Unit: Lottery for Education ............................. .$71,947,611 Equipment, Technology and Construction Trust Fund ............ .$18,000,000 Capital Outlay--Georgia Military College ......................... $3,500,000 Capital Outlay--Georgia College .................................. $300,000 Georgia Research Alliance..................................... .$27,494,000 Capital Outlay--Albany State College ............................ $3,639,611

FRIDAY, FEBRUARY 9, 1996

517

Capital Outlay--State Library and Museum ......................... $--0-- Special Funding Initiatives ..................................... $12,514,000 Mercer Medical School Grant--Equipment ........................... $--0-- Morehouse School of Medicine Grant--Equipment ..................... --0-- Capital Outlay................................................. $5,000,000 Capital Outlay--Agricultural Experiment Stations ................. $1,500,000 Total Funds Budgeted ........................................ .$71,947,611 Lottery Funds Budgeted ....................................... $71,947,611

Section 29. Department of Revenue. Budget Unit: Department of Revenue ............................. $99,717,590 Personal Services ............................................. $57,732,635 Regular Operating Expenses .................................... $5,716,320 Travel ........................................................ $1,382,540 Motor Vehicle Purchases ......................................... $195,470 Equipment ..................................................... $950,220 Computer Charges ............................................ $14,312,520 Real Estate Rentals ............................................ $2,830,695 Telecommunications ............................................ $3,136,805 Per Diem, Fees and Contracts .................................... $575,300 County Tax Officials/Retirement and PICA ........................ $3,358,795 Grants to Counties/Appraisal Staff .................................. $--0-- Motor Vehicle Tags and Decals ................................ .$10,349,350 Postage ....................................................... $3,877,810 Total Funds Budgeted ....................................... .$104,418,460 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ........................................ .$99,717,590

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,766,152

Internal Administration

$ 12,161,490

Electronic Data Processing

$ 11,909,960

Field Services

$ 18,373,213

Income Tax Unit

$ 8,114,485

Motor Vehicle Unit

$ 26,756,357

Central Audit Unit

$ 7,622,439

Property Tax Unit

$ 4,490,993

Sales Tax Unit

$ 4,193,189

State Board of Equalization

$

46,000

Taxpayer Accounting

$ 3,984,182

Total

$ 104,418,460

State Funds

$ 6,766,152

$ 12,011,490

$ 10,894,760

$ 18,073,213

$ 7,474,485

$ 25,456,357

$ 7,622,439

$ 3,435,123

$ 3,953,389

$

46,000

$ 3,984,182

$ 99,717,590

Section 30. Secretary of State. A. Budget Unit: Secretary of State. ................................. $28,886,341
Personal Services ............................................ .$17,482,681 Regular Operating Expenses .................................... $3,997,106 Travel ......................................................... $243,800 Motor Vehicle Purchases ......................................... $105,510 Equipment ...................................................... $93,840 Computer Charges ............................................. $2,573,043 Real Estate Rentals ............................................ $2,462,246
Telecommunications ............................................. $957,367

518

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ................................... $1,315,748 Election Expenses............................................... $700,000 Total Funds Budgeted ........................................ .$29,931,341 State Funds Budgeted ......................................... $28,886,341

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,680,132 $ 3,650,132

Archives and Records

$ 4,771,689 $ 4,696,689

Business Services and Regulation

$ 5,035,065 $ 4,265,065

Elections and Campaign Disclosure

$ 4,786,357 $ 4,766,357

Drugs and Narcotics

$ 1,144,112 $ 1,144,112

State Ethics Commission

$

382,802 $

382,802

State Examining Boards

$ 10,061,184 $ 9,911,184

Holocaust Commission

$

70,000 $

70,000

Total

$ 29,931,341 $ 28,886,341

B. Budget Unit: Real Estate Commission............................. $2,149,663 Personal Services .............................................. $1,266,704 Regular Operating Expenses ..................................... $157,100 Travel .......................................................... $15,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ...................................................... $10,631 Computer Charges .............................................. $335,622 Real Estate Rentals ............................................. $165,300 Telecommunications .............................................. $41,556 Per Diem, Fees and Contracts .................................... $134,750 Total Funds Budgeted .......................................... $2,149,663 State Funds Budgeted .......................................... $2,149,663

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,149,663 $ 2,189,663

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission .............. $2,092,494
Personal Services............................................... $1,054,598
Regular Operating Expenses ..................................... $210,954 Travel .......................................................... $40,520 Motor Vehicle Purchases .......................................... $27,450 Equipment ...................................................... $11,910
Computer Charges ................................................ $9,000 Real Estate Rentals .............................................. $90,591 Telecommunications .............................................. $19,090
Per Diem, Fees and Contracts .................................... $486,842 County Conservation Grants ..................................... $310,000 Total Funds Budgeted .......................................... $2,260,955 State Funds Budgeted .......................................... $2,092,494

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission ...................... .$33,352,346
Personal Services .............................................. $5,097,032 Regular Operating Expenses ..................................... $602,250

FRIDAY, FEBRUARY 9, 1996

519

Travel ......................................................... $101,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $20,500 Computer Charges .............................................. $245,180 Real Estate Rentals .............................................. $44,800 Telecommunications ............................................. $236,750 Per Diem, Fees and Contracts .................................... $208,690 Payment of Interest and Fees ...................................... $--0-- Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants .................................... $24,600,000 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $78,000 North Georgia College ROTC Grants .............................. $312,500 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $680,000 Paul Douglas Teacher Scholarship Loans .......................... $390,000 Total Funds Budgeted ......................................... $41,797,442 State Funds Budgeted ........................................ .$33,352,346

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 5,547,664 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 35,240,440 $ 32,802,698

Georgia Nonpublic Postsecondary Education Commission

$ 1,009,338 $

549,648

Total

$ 41,797,442 $ 33,352,346

B. Budget Unit: Lottery for Education ............................ .$153,270,172 HOPE Financial Aid--Tuition ................................. .$68,242,744 HOPE Financial Aid--Books .................................. .$20,702,240 HOPE Financial Aid--Fees ................................... .$14,179,198 Tuition Equalization Grants ................................... .$36,611,990 Georgia Military College Scholarship .............................. $336,000 LEPD Scholarship............................................... $198,000 Teacher Scholarships ......................................... .$10,000,000 Promise Scholarships ........................................... $3,000,000 Total Funds Budgeted ....................................... .$153,270,172 Lottery Funds Budgeted ..................................... .$153,270,172

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ......................... $4,075,000
Personal Services .............................................. $4,407,014 Regular Operating Expenses ..................................... $462,000 Travel .......................................................... $30,000 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $13,100
Computer Charges ............................................. $1,045,542 Real Estate Rentals ............................................. $469,750 Telecommunications ............................................. $151,157
Per Diem, Fees and Contracts .................................... $401,000 Retirement System Members .................................... $3,650,000
Floor Fund for Local Retirement Systems .......................... $425,000 Total Funds Budgeted ........................................ .$11,054,563
State Funds Budgeted .......................................... $4,075,000

520

JOURNAL OF THE SENATE

Section 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education ..... .$166,703,649 Personal Services .............................................. $4,175,373 Regular Operating Expenses ..................................... $409,948 Travel ......................................................... $142,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $33,544 Computer Charges .............................................. $754,468 Real Estate Rentals ............................................. $365,610 Telecommunications ............................................. $101,905 Per Diem, Fees and Contracts .................................... $539,472 Personal Services--Institutions ............................... .$121,007,817 Operating Expenses--Institutions............................... $30,379,012 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $9,044,505 Area School Program .......................................... $29,522,582 Regents Program............................................... $2,912,640 Adult Literacy Grants ......................................... $18,187,164 Total Funds Budgeted ....................................... .$217,576,540 State Funds Budgeted ....................................... .$166,703,649

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,522,820 $ 4,452,834

Institutional Programs

$ 211,053,720 $ 162,250,815

Total

$ 217,576,540 $ 166,703,649

B. Budget Unit: Lottery for Education ............................. .$40,258,713 Computer Laboratories and Satellite Dishes--Adult Literacy ..................................................... $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ............ $32,373,460 Equipment--Technical Institutes ................................ $6,885,253 Total Funds Budgeted ........................................ .$40,258,713 Lottery Funds Budgeted ....................................... $40,258,713

Section 35. Department of Transportation.
Budget Unit: Department of Transportation ..................... .$492,069,050 Personal Services ........................................... .$250,050,159
Regular Operating Expenses ................................... $59,750,505
Travel ........................................................ $1,626,000 Motor Vehicle Purchases ........................................ $2,296,000 Equipment .................................................... $7,662,241
Computer Charges ............................................. $4,947,700 Real Estate Rentals ............................................ $1,317,373 Telecommunications ............................................ $2,384,080 Per Diem, Fees and Contracts .................................. $45,394,107 Capital Outlay.............................................. .$741,716,455
Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100
Capital Outlay--Airport Development ............................ $1,267,500 Mass Transit Grants .......................................... $14,210,006
Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $765,000
Contracts with the Georgia Rail Passenger Authority................ $105,000 Total Funds Budgeted ...................................... $1,134,516,226 State Funds Budgeted ....................................... .$492,069,050

FRIDAY, FEBRUARY 9, 1996

521

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 836,421,565

Maintenance and Betterments

$ 237,740,337

Facilities and Equipment

$ 14,953,830

Administration

$ 24,250,996

Total

$ 1,113,366,728

General Funds Budget

Planning and Construction

$

125,000

Air Transportation

$ 1,734,811

Inter-Modal Transfer Facilities

$ 18,524,687

Harbor/Intra-Coastal Waterways Activities

$

765,000

Total

$ 21,149,498

State Funds $ 215,777,346 $ 226,400,337 $ 14,393,860 $ 23,625,996 $ 480,197,509

$

125,000

$ 1,347,811

$ 9,633,730

$

765,000

$ 11,871,541

Section 36. Department of Veterans Service. Budget Unit: Department of Veterans Service...................... $24,343,698 Personal Services .............................................. $4,950,939 Regular Operating Expenses ..................................... $235,829 Travel .......................................................... $82,000 Motor Vehicle Purchases .......................................... $19,275 Equipment ...................................................... $99,371 Computer Charges ............................................... $18,000 Real Estate Rentals ............................................. $242,700 Telecommunications .............................................. $62,200 Per Diem, Fees and Contracts ..................................... $24,500 Operating Expense/Payments to Central State Hospital........... .$18,007,792 Operating Expense/Payments to Medical College of Georgia ........ $7,279,376 Regular Operating Expenses for Projects and Insurance ............. $627,000 Total Funds Budgeted ........................................ .$31,648,982 State Funds Budgeted ........................................ .$24,343,698

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 5,638,514

Veterans Home and Nursing Facility-- Milledgeville

$ 18,551,092

Veterans Nursing Home--Augusta

$ 7,459,376

Total

$ 31,648,982

State Funds $ 5,367,014
$ 13,717,308 $ 5,259,376 $ 24,343,698

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................... .$10,454,185 Personal Services .............................................. $8,241,309 Regular Operating Expenses ..................................... $446,789 Travel .......................................................... $97,340 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $27,369 Computer Charges .............................................. $228,485 Real Estate Rentals ............................................ $1,080,290 Telecommunications ............................................. $190,190 Per Diem, Fees and Contracts .................................... $231,000 Payments to State Treasury ...................................... $101,413 Total Funds Budgeted ........................................ .$10,644,185 State Funds Budgeted ........................................ .$10,454,185

522

JOURNAL OF THE SENATE

Section 38. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund
State General Funds (Issued)................................. .$406,585,925 Motor Fuel Tax Funds (Issued) ................................ .$70,000,000
$476,585,925 B. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund
State General Funds (New) .................................... $43,533,278 Motor Fuel Tax Funds (New) ....................................... $--0--
$43,533,278

Section 39. Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant Distict Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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

Recipient City of Vidalia Tift County Gwinnet County Board of Education
City of Columbus

Purpose
Operations of Tourism Program
Construction of Mid-Step Building
Installation of Ballfield Lights at North Gwinnett High School
Furniture and Equipment for New Horizons Community Service Board

Amount $5,000 $50,000 $50,000
$25,000

FRIDAY, FEBRUARY 9, 1996

523

City of Atlanta
Chatooga Valley Regional Library System
City of Columbus
City of Graham
Berrien County Commission City of Union Point
City of Rome
City of Cave Spring Cobb County
City of Milan Laurens County Board of Education
Bleckley County Board of Education City of Augusta
Lamar County Board of Commissioners
City of Atlanta Board of Education
City of Garden City Ware County Newton County City of LaGrange
Crisp County Board of Education Bibb County
Jenkins County Board of Education Lowndes County Stewart County
Worth County Board of Commissioners
Turner County Board of Education

Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University
Purchase of Bookmobile and Delivery Van
Repairs and Maintenance for Springer Opera House
Operations of City of Graham Correctional Facility
Renovation of Historic Jail
To Purchase Vehicle and Video Monitoring and Surveillance Equipment
Renovations for Sara Hightower Regional Library
Improvements for Rolator Park
Refurbishment and Restoration of B29
Renovations to the Milan Arts Center
Rent and Wiring of Modular Unit at S.W. Laurens Elementary School
Construction of a Classroom Building
Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta
Installation of Fire Hydrants and water lines
Renovation to Capitol View Elementary School
Purchase of Fire Truck
Reimbursement for Legal Expenses
Repairs to the Gym/Civic Center
Renovations to Dawson Street School in LaGrange
Construction of Greenhouse
Operation of Georgia Project Learning Tree
Construction of Livestock Facility
Construction of Health Clinic
Restoration to the Historic Well's House
Additional Construction of Worth County Agricultural/Livestock Pavillion
Equipment for Turner County Library

$250,000
$105,000 $50,000 $25,000 $25,000 $22,500
$5,000 $40,000 $30,000 $25,000 $10,000 $75,000 $20,000
$20,000 $11,500 $10,000 $50,000 $75,000 $25,000 $30,000 $5,000 $75,000 $50,000 $35,000 $25,000
$5,000

524

JOURNAL OF THE SENATE

Turner County Board of Education
City of Atlanta
Mitchell County Board of Education
Wayne County Irwin County
Muscogee County
Dooly County
Macon County Board of Education Stephens County Board of Education City of Lavonia Monroe County City of Loganville DeKalb County
DeKalb County City of Dalton
Clayton County Board of Education Washington County
Washington County
Bibb County Athens/Clarke County Wayne County
Wayne County Armstrong State College
Rockdale County
City of Atlanta Board of Education
City of Kite Emanuel County Board of Education City of Savannah Chattooga County Water Authority

Construction of Bleachers for Turner County High School Football Stadium
Operations of Comprehensive Youth Services
Construction of High School Greenhouse
Operation of Motherhood and Beyond
Construction of a Livestock and 4-H FFA Training Facility for Irwin and Ben Hill
Renovations to Tender Love and Care Home
Byromville Water System improvements
Roof Repairs to Vocational Building
Operation of Medical Station
Water System Improvements
Feasibility Study for Bicycle Trail
Repairs for Library
Operations of Brown's Mill Recreation
Operation of Youthbuild
Operations of Northwest Georgia Girl's Home
Services provided by Worktec
Renovations to the T.J. Elder Community Center
To Purchase Modular Building for use as Technology Training Facility
Preservation of Hay House
Renovation to Athens Airport
Construction of Additional Facilities for the Recreational Department
Renovation to the Courthouse
To Operate the Troops to Teachers Program
Purchase of Public Library Equipment
Operations of Atlanta Writing Resource Center
Renovation of City Hall Building
Construction of Athletic Complex
Repairs for Historic Railroad Shops
Water Study and Projects for Rural Chattooga County

$20,000
$79,489
$40,000
$30,000 $75,000
$10,000
$10,000
$15,000 $25,000 $25,000 $10,000 $15,000 $35,000
$5,000 $50,000
$125,000 $10,000
$40,000
$75,000 $40,000 $10,000
$15,000 $25,000
$25,000
$20,000
$5,000 $75,000 $40,000 $25,000

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525

Chattooga County
Laurens County Board of Education
Laurens County Board of Education
Catoosa County Hart County Effingham County Board of
Education Bibb County
Bibb County
Bibb County
Crawford County Commissioners City of Quitman City of Quitman
Brooks County
Bibb County
Hall County Hall County
Mitchell County Echols County Board of Education
Clinch County Board of Education Lanier County Board of Education Sumter County
Brantley County
Butts County Glynn County
DeKalb County
Bacon County City of Columbus
Muscogee County

Purchase of Elderly Calling Equipment
Renovation or Construction for Health Classroom Annex
Construction of Annex at West Laurens High School
Construction of Animal Shelter
Construction of Recreational Complex
Construction of Effingham Media Centers
Operations of Booker T. Washington Community Center
Operations of Ruth Hartley Mosley Center for Women
Operations and Equipment for Macon Little League
Water and Sewer Improvements
Construction of Recreational Center
Historical Preservation Activities in the City of Quitman
Repairs for Simmon Hill Community and Recreation Center
Expansion and Improvements to the Macon Museum of Arts and Science
Operations of Mentoring Program
Renovations to EE Butler Community Center
Construction of Agri-Center
Completion of Covered Walkway System
Completion of Education Facility
Expansion to Education Facility
Construction of New Recreation Complex
Prosecution of Capital Offense Case and Courthouse Renovations
Courthouse Plans and Renovations
Operations of SHARE Rehabilitation Program
Operation of Center for Visually Impaired
Prosecution of Capital Offense Case
Equipment and Operation of Columbus Youth Network
Operation of Combined Communities of Southeast Columbus

$6,000
$75,000
$10,000
$25,000 $45,000 $75,000
$15,000
$50,000
$15,000
$75,000 $18,000 $15,000
$10,000
$50,000
$20,000 $25,000
$25,000 $15,000
$15,000 $15,000 $50,000
$35,000
$25,000 $15,000
$50,000
$35,000 $5,000
$25,000

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Muscogee County Muscogee County Catoosa County
City of Madison City of Atlanta Fulton County Fulton County City of Broxton City of Columbus
Muscogee County Fulton County
Clayton County Commissioners Rabun County Board of Education Union County City of Greenville Dooly County Houston County Board of Education City of Decatur Richmond County Houston County Houston County
Wayne County City of Augusta Bibb County City of Cartersville

Operation of Community Connection and Intervention
Operation of Two Thousand Opportunities, Inc.
Operation of Family Crisis Center of Walker, Bade, Catoosa and Chattooga Counties Inc.
Renovations to the Madison/Morgan Culture Center
Operations of the Atlanta Respite Services, Inc.
Purchase of Van for Sr. Citizens Program
Restorations at Life Holding House
Renovations to the Fire House and Community Center
To Operate Play and Learn Together Program at Baker Village and Canty Homes
To Operate and Equip the Columbus Community Center
To Operate Community of Care Delivery System for At-Risk Children
Repairs to Securus House
Renovation of Old Gym
Operation of Day Care Center
Renovations to Old Greenville Depot
Planning and Construction of a Government Center
Installation of Internet at Perry High School
Contract for Services from Georgia School-age Care Association
Purchase Property for Park in Augusta
Operation of Aviation Museum
Planning, Design and Site Acquisition of and Educational Facility
Operation of Wayne County Partners in Education
Operating Expenses for Community Based Programs
To Operate the Council on Child Abuse
Operation of the Etowah Foundation Education

$15,000 $25,000 $15,000
$25,000 $45,000 $35,000 $10,000 $40,000 $25,000
$25,000 $150,000
$10,000 $75,000 $40,000 $25,000 $100,000 $40,000 $300,000 $40,000 $200,000 $180,000
$20,000 $40,000 $50,000 $37,000

FRIDAY, FEBRUARY 9, 1996

527

Polk County Board of Education City of Cedartown
Coweta County
Burke County
DeKalb County
Screven County Board of Education Tattnall County Board of Education Peach County
City of Rockmart
Liberty County Board of Commissioners
Mclntosh County
City of Greenville City of Comer Jackson County
Floyd County City of Rome
Dawson County Lumpkin County City of Pelham
Seminole County
Early County
City of Atlanta
Candler County
Webster County
Miller County Lowndes County Polk County Athens/Clarke County Board of
Education

To Purchase Athletic Equipment
Operating Expenses for the Downtown Development Authority
Construction and Operation of Economic Development Information Center
Programs Supported by the Burke Community Development Corporation
Construction and Operation of South DeKalb Business Incubator
For Auditorium Repairs
Construction of a Livestock Pavilion
To Acquire and Operate Peach Library Literacy Mobile
For Repairs and Equipment for the Rockmart Performing Arts Theater
Repairs for Liberty County Courthouse
Multi-purpose Complex Equipment and Improvements
Old Greenville Depot Repairs
To Purchase a Patrol Car
For Human Resources Council in Jackson County
To Operate Recycling Program
Computer Equipment for Rome/Floyd Transitional School
For Capital Offense Legal Assistance
For Capital Offense Legal Assistance
Construction of an Agricultural Facility at Pelham High School
To Construct Spring Creek Volunteer Fire Department Facility
Roof Repairs for Early County Library
To Operate Litter Abatement Program
To Operate Litter Abatement Program
Renovations to Webster County Courthouse
Renovation of Miller County Facility
Construction of Health Clinic
For Construction of EMS Facility
Repairs to Track Surface for Cedar Shoals High School

$10,000 $10,000
$50,000
$30,000
$25,000
$20,000 $10,000 $62,000
$10,000
$50,000
$10,000
$75,000 $10,000 $15,000
$101,439 $30,410
$35,000 $35,000 $40,000
$25,000
$20,000
$25,000
$25,000
$25,000
$20,000 $30,000 $60,000 $50,000

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JOURNAL OF THE SENATE

City ofRiverdale City of Oglethorpe Macon County Sschool System
City of Americus
City of Jonesboro City of Helena City of Eastman
City of Douglas
Atkinson County
Bleckley County
Pulaski County
City of Warner Robins
Houston County
Pulaski County DeKalb County City of Jonesboro
Clayton County
City of Morrow City of Augusta
Athens/Clarke County
Peachtree City
Glynn County Treutlen County Board of Education
Lincoln County
City of Blackshear Jeff Davis County
City of Toomsboro Early County Coffee County

Park Improvements
To Purchase a Patrol Car
Roof Repairs for Macon County School
For Revitilization of Downtown City of Americus
Downtown Improvements
To Construct Recreational Complex
Operating Expenses for the Middle Georgia Easter Seal Program
Building Improvements for the Coffee County Humane Society
To Purchase Radio and Computer Equipment
Paving for the Bleckley County Recreation Department
To Purchase Building for the Senior Citizens Center
To Purchase Video Equipment for the Northside Fine Arts Program
Operating Expenses for the Houston County Court Mediation Program
Repairs for Hartford Water System
To Fund the Homeless Program
For Historical Jonesboro Renovations and Repairs
Relocation, Renovation, Equipment, Furniture and Operating Expenses for ARTS Clayton
Parking Improvements
Planning and Design of an Overhead Crosswalk on Washington Road
Operating Funds for the Safe Campus Now Program
Irrigation System for Glenloch Soccer Field
Improvements to Andrews Island
Improvements to Facilities at Treutlen County High School
Operating Funds for Recreation and Historic Preservations Services
Site Preparation at Industrial Park
Operating Expenses for Jeff Davis County Hospital Authority
Improvements to Water System
Renovation of Art Center
Construction of Agri-Center

$20,000 $10,000 $40,000
$100,000
$20,000 $15,000 $75,000
$15,000
$10,000
$40,000
$100,000
$15,000
$15,000
$30,000 $40,000 $20,000
$20,000
$20,000 $20,000
$40,000
$7,500
$7,500 $50,000
$10,000
$50,000 $25,000
$40,000 $30,000 $40,000

FRIDAY, FEBRUARY 9, 1996

529

City of Blackshear Harris County Board of Education City of Keysville Johnson County of Education Paulding County Board of Education

Extension of Water System to Pierce County Schools
Extension of Water System to Harris County Schools
Operation and Renovation of Municipal Building
Construction/Operation of School Facilities
Construction/Operation of School Facilities

$50,000 $50,000 $15,000 $150,000 $60,000

Section 41. Provisions Relative to Section 12, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,720.56. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 17, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2
3 4 5 6 7 8 9 10 11

Standards of Need $235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Section 43. Provisions Relative to Section 22, Department of Medical Assistance.

There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of

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those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Section 44. Provisions Relative to Section 23, Merit System of Personnel Administration.
The Department is authorized to assess no more than $171.50 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1996 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1996 shall not exceed 8.66%.
Section 45. Provisions Relative to Section 24, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 46. Provisions Relative to Section 35, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 35 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.

FRIDAY, FEBRUARY 9, 1996

531

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 47.
In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,348,000) Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Adminis trative Services from agency fund collections.
Section 48.
In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 for the purpose of providing for housing contracts, for food service contracts, for overtime, for training and for other expenses related to secur ity operations for the 1996 Olympic Games.
Section 49.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in ths Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.

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Section 50.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51.
In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 54.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.Xl.)For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.)For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

FRIDAY, FEBRUARY 9, 1996

533

(b.)(3.)It is the further intent of the General Assembly that this principle shall be ap plied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.

Section 55.

Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 56.

There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.

The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months.
Repairs, renovations and maintenance projects at various Department of Technical and Adult Education facilities
Equipment for the golf course at George T. Bagby State Park Feasibility study for modifying and deepening the Brunswick
navigation channel Upgrade two paper machines for the Herty Foundation Equipment and lab renovations for the Governor's
Traditional Industries Competitiveness Initiatives Various repair and renovation projects at various
Department of Children and Youth Services facilities Design a cottage for Macon YDC Construction of a dining facility at Milledgeville YDC Repairs and renovation projects at various facilities of the
Department of Human Resources Funds to design the Athens Veterinary Diagnostic
Laboratory Equipment for new and modified vocational high school
laboratories

Principal Amount
$9,705,000 590,000
550,000 1,910,000
1,430,000
2,400,000 100,000 75,000
6,760,000
300,000
8,400,000

Debt Service
$2,226,327 135,346
126,170 438,154
328,042
550,560 22,940 17,205
1,550,744
68,820
1,926,960

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JOURNAL OF THE SENATE

B.) Maturities not to exceed two hundred forty months.

Regular entitlements for 12 school systems
Regular advanced funding for 20 school systems
School consolidation for one system
Advanced incentive funding to 4 school systems
Construction of 9 public libraries
Funding for flood recovery at Albany State
Construction of a humanities building at Dalton College
Construction of an academic building at Southern College of Technology
Construction of an athletic and recreation complex at Savannah State College
Construction of a classroom/student center facility at Floyd College
Construction of a biology and chemistry building at Valdosta State University
Completion the Animal Science Complex at the University of Georgia
Renovation of Brooks Hall at the University of Georgia
Renovation of Price Memorial Hall at North Georgia College
Renovation of an academic building at Brunswick College
Funding for campus drainage system improvements at South Georgia College
GPTC equipment and furnishings
Construction of a multi-purpose sheep/swine building
Provide low interest loans to local governments for water, sewer and wastewater treatment projects
Matching funds for the Augusta Visitor Information Center
Construct, furnish and equip the Columbus Performing Arts Complex
Land acquisition under the River Care 2000 program
Completion of Phase II construction of the 18-hole golf course at George T. Bagby State Park
Construction of a meeting facility at Georgia Veterans State Park
Construction of a facility for the Georgia Golf Hall of Fame
Completion of construction of Container Berth Seven
Governor's Road Improvement Program
Spoilage area projects for the Savannah Harbor
Funding for water, sewer and plumbing projects
Perimeter fencing and security systems at various YDCs and RYDCs
Major construction projects for the Department of Human Resources

$20,170,000 53,370,000 5,315,000 14,145,000 11,885,000 7,650,000 6,360,000
13,435,000
11,800,000
4,855,000
22,885,000
2,590,000 2,500,000
3,045,000 2,210,000
1,725,000 12,315,000 2,045,000
20,000,000 1,835,000
15,000,000 5,000,000
1,500,000
2,000,000 6,000,000 20,000,000 100,000,000 4,800,000 1,275,000
1,100,000
1,655,000

$1,795,130 4,749,930
473,035 1,258,905 1,057,765
680,850 566,040
1,195,715
1,050,200
432,095
2,036,765
230,510 222,500
271,005 196,690
153,525 1,096,035
182,005
1,780,000 163,315
1,335,000 445,000
133,500
178,000 534,000 1,780,000 8,900,000 427,200 113,475
97,900
147,295

FRIDAY, FEBRUARY 9, 1996

535

Renovations at Lee Arrendale CI
Continue renovation of #2 Peachtree Building
Continue renovation of the Trinity-Washington Building
Repair plaster, paint and refinish certain areas of the State Capitol Building
Planning and design of two 250-bed YDC's in Muscogee and Sumter Counties
Construction of three detention centers in the Department of Corrections
Design of a Regional Business and Industry Training Center at Heart of Georgia Technical Institute
Purchase and rehabilitation of existing and abandoned rail lines
Repairs and maintenance at the State Farmers' Market
Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996

5,200,000 5,000,000 5,000,000
2,000,000
2,000,000
3,600,000
335,000
2,490,000 2,000,000

462,800 445,000 445,000
178,000
178,000
320,400
29,815
221,610 178,000

$10,980,393,127

Section 59.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 60.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

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

Those voting in the negative were Senators:

Day Glanton

Gochenour McGuire

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JOURNAL OF THE SENATE

Those not voting were Senators:

Crotts Egan

James Pollard (excused)

On the passage of the bill, the yeas were 48, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Hooks of the 14th moved that HB 1186 be immediately transmitted to the House.
On the motion, the yeas were 34, nays 1; the motion prevailed, and HB 1186 was im mediately transmitted to the House.
Senator Harbison of the 15th moved that Senator James of the 35th be excused due to pressing business. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator James was excused.
Senator Newbill of the 56th moved that Senator Black of the 53rd be excused due to his wife's illness. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Black was excused.
Senator Johnson of the 2nd moved that Senator Kemp of the 3rd be excused due to a doctor's appointment. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Kemp was excused.
The Calendar was resumed.

SB 610. By Senators Stokes of the 43rd, Scott of the 36th and Thompson of the 33rd:

A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, so as to define the offense of family violence battery; to prescribe the punishment for first and subsequent convictions of such offense; to provide for an effective date and applicability.

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

Those voting in the affirmative were Senators:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

FRIDAY, FEBRUARY 9, 1996

537

Those not voting were Senators:

Black (excused) Bowen

Brown of 26th James (excused)

Kemp (excused) Pollard (excused)

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

SB 550. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services, to give the department the authori ty to delegate to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and supplies necessary for medical teaching purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Black (excused) James (excused)

Kemp (excused) Pollard (excused)

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Ralston of the 51st moved that Senator Cagle of the 49th be excused from the Senate due to pressing business. On the motion, the yeas were 32, nays 0; the motion pre vailed, and Senator Cagle of was excused.

SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and others:
A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the gov ernance of interstate acquisitions of banks and holding companies connected to Georgia financial institutions by other banks or bank holding companies; to pro vide for definitions; to provide for acquisitions upon certain conditions.

538

JOURNAL OF THE SENATE

The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 492:
A BILL
To be entitled an Act to amend Article 2 Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the governance of interstate acquisitions of banks and bank holding companies connected to Georgia financial institutions by other banks or bank holding companies; to provide for definitions; to provide for acquisitions upon certain conditions; to provide for acquisitions which do not need de partment approval; to prohibit certain acquisitions; to provide for operation by foreign cor porations of Georgia bank subsidiaries: to provide for reciprocal agreement without state regulations; to provide for confidentiality of Georgia reports; to provide for interstate bank ing and branching by merger under Section 102 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994; to provide for definitions; to provide for permissible inter state merger transactions, subject to conditions and restrictions; to provide requirements for interstate merger transactions; to provide for notice and filing requirements for out-ofstate banks and bank holding companies; to provide for powers of out-of-state state banks branching into Georgia; to provide for examinations and pending reports; to prohibit de novo branching; to prohibit the purchasing of a branch under certain circumstances; to provide for enforcement, regulations, and fees; to provide for reporting; to provide for tax treatment of banks engaged in interstate banking and branching; to provide for severability; 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.
Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, is amended by striking Part 19, composed of Code Sections 7-1-620 through 7-1-627 and relating to regional interstate banking, and inserting in lieu thereof a new Part 19 to read as follows:
"Part 19
7-1-620.
This part governs the acquisition of banks having banking offices in Georgia by bank holding companies controlling bank subsidiaries having banking offices outside this state. It further governs the acquisition of banks having banking offices outside this state by bank holding companies controlling bank subsidiaries having banking offices in Georgia. It sets forth application, notice, registration, and other related requirements. Acquisitions of banks having banking offices only in Georgia by bank holding companies controlling only bank subsidiaries having banking offices solely in Georgia are governed by the provisions of Code Sections 7-1-605 et seq.
7-1-020. 7-1-621.
As used in this part, the term:
(1) 'Acquire,' as applied to a bank holding company, means any of the following actions or transactions:
(A) The merger or consolidation with another bank holding company;
(B) The acquisition of the direct or indirect ownership or control of voting shares of another bank holding company or bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than 5 percent of any class of voting shares of such bank holding company or bank;
(C) The direct or indirect acquisition of all or substantially all of the assets of an other bank holding company or bank; or

FRIDAY, FEBRUARY 9, 1996

539

(D) The taking of any other action that would result in the direct or indirect control of another bank holding company or bank.
(E) 'Acquire' shall also include a transaction where a bank subsidiary of a bank hold ing company merges or consolidates with, or acquires all or substantially all of Ee assets of, another bank?
(2) "Bank' means any insured institution as such term is defined in Section 3 (h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h); or any institution eligible to become cin insured institution as such teiin is defined therein, which, in ^ithei event. such, provided that the term 'bank' shall not include any 'foreign bank' (which is de fined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). The term 'bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 and shall include federal savings banks and similar banking enti ties chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program.
vAJ ACCGpLfa ClcpOSiLS Lliclt tii6 Cl^fjGSltGl* iXilS SL lentil llgJlYt tO Witlitlt &Vv Oru.6iiifl.ilCl, cLmJ

(4X3) 'Bank holding company' means any company which is either a bank holding com pany under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a).
QX4) 'Banking office' means any parent bank, branch bank, or bank office as such terms are defined in Code Section 7-1-COO this chapter; or any other office at which a bank accepts deposits. The term banking office shall not include, huwevei, Hie
\j*V7"~U HiUflJlH^tl ELlit0IttLtlC t&1161" illilClllIlG, j)u illC~GI~iS tile Ld'iii-iilcLlS, 01 OCUcl" Siiililcl UililiclHiitiCl feltiCLi OiiiC t)3.11itlii^ IciCllItieS ciL WlliCll u.t;pt/SILS iliciy D6 iiCCtiJ^LtiCl,
(D) Offices located outside the United Stales, or
\\J) xjG&il pi OClU-CtiOil OIT1C6S, r^pFGSGIltStlV^ OlllwcS, OT OtftGl* OTtiCcS fl.t WlliCfl Cl^^iOSiti 3.rc ilOt. ciCCib^jwiQ.
(5) 'Bank supervisory agency' shall mean:
(A) Office of Comptroller of Currency, the Federal Deposit Insurance Corporation, the Board of Governors ot the Federal Reserve System, the Office of Thrift Supervi sion, and any successor to those agencies; and
(B) The agency of a state with primary responsibility for chartering and supervising banks.
(6) 'Commissioner' means the commissioner of the Department of Banking and Fi nance then in office, and where appropriate, all of his or her successors and predeces sors in office.
(6X7) 'Control' means that which is set forth either in Code Section 7-1-605 or Section 2(aTof the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 18Tl(a).
(6X8) 'Deposits' means, with respect to a bank, all demand, time, and savings deposits of lESividuals, partnerships, corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities.
(7X9) 'Georgia bank' means a bank organized under the laws of this stale ui of the tJmted-Stdleh and, in either event, having banking uflkti!, located only in this state whose home state is Georgia.

540

JOURNAL OF THE SENATE

(8X10) 'Georgia bank holding company" means a bank holding company that:
(A) Has its principal place of business in the State of Georgia, and subsidiaries held
U.iiut?i' SUuStiCLnjii \&) OI v/Ou^ ocCLiOii /'~~l~Ul&j&J QUO.
(B) Is not controlled by a bank holding company other than a Georgia bank holding company.
(11) 'Georgia state bank' means a bank chartered under the laws of the State of Georgia.
(12) 'Home state' means any state in the United States:
(A) With respect to a state bank, the state by which the bank is chartered;
(B) With respect to a national bank, the state in which the main office of the bank is located for
(C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c) of the International Banking Act.
(13) 'Home state regulator' means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered.
(14) 'Host state' means a state, other than the home state of a bank, in which the bank maintains or seeks to establish and maintain a branchT
(15) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the b'Ul Act.
(16) 'Interstate merger transaction' means:
(A) The merger or consolidation of banks with different home states and the conver sion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or
(B) The purchase of all or substantially all of the assets of a bank whose home state is different from the home state of the acquiring bank"!
(9X17) 'Out-of-state bank' means a bank other than a Georgia bank whose home state is not Georgia, but the term does not include a foreign bank.
(18) 'Out-of-state state bank' means a bank chartered under the laws of a state other than Georgia.
(-16X19) 'Out-of-state bank holding company' means a bank holding company other than a Georgia bank holding company.
(iiX20) 'Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are the largest.
(21) 'Resulting bank' means a bank that has resulted from an interstate merger trans action under Part 20.
(22) 'State' means any state of the United States, including the District of Columbia.
(42X23) 'Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841.
h 7-1-622.
Witll Lllti ^)iTGViSiG.fl.S 01 L>OQ6 otiCl-lOll Y~-L~uUo, WliiCll prOViSlOHS Sllo.ll
tO Liiy &UC11 ciCt^lUSlLiOIlj iliiCl SUDjtiCL 10 Hie v^UctllllCiiLiOliS 01 oUD-
cliuii (c) and (d) below. A bank holding company may acquire a bank having banking offices in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the provisions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition.

FRIDAY, FEBRUARY 9, 1996

541

Compliance with all applicable regulations and payment of applicable fees shall be re quired and the restrictions of this Code Section shall apply.
piliiy Oi' (jf6O'^iL uctiiK-j \J&) A. CTCTJI'^J-RS DfllHt llOtuiil^ COlllpclliy rttcty SOCjUirG cill OUt~GTTM~Stftt6~~B3.I1.~K liGlCiiil^",
pauy 01 an out-of-htdte bank,

All OUt-OI~St3.te D3.HK. liOIiaiil^ COHlpJliiy 01&.y clCi^Liil & <iii OU.t~OI~St3.t6 UiiiiK, iiOlu.iii^ llpUrty flSViri.^ S. vrfeOk^IS, DituK. Su.DSrCrifl.l'y, J)l*OVlCteu.j riOWcVcI", tfl&t. tOG CulUlliiSSiOilGr
must rule on any application heeking approval to engage in a tiauhdctiuii uujei
ptr3.^i1 apll HOt 13X61" tllSiii 90 u.3.ys lOllOWiil^ trie Cl3.tc 01 S\ijjiiliSSiOH Oi 3. COTfllpi6tcu fl.j Cfi.tiOH T/0 tlLc CuiiliiiiSSlOil^l^ SfcGKHi^ 3.p^ji*OV3.lX)I SUCO tFclilSflCciOll. tt 1113 CGiUIUiSSl
to i ule un the application within the leciuisite 90 day peiiud, Lhe piupu
(07 A.H~~OUt~OI-Stl.fc6 DflltK. ilOItliil^ COillpSiiy ll&Viii SL \Jr&\jQL8k. ucinK. SUDSIuifliiy iiliy fl,C~ Cn\il6 <iii OU.ti~OI~STifl.t6 D3.HK n.0lu.lll C01Tl^j3.Iiy tilclt QO6S IlOt 1T3.VC" Si vjreOi'^13. DlilitnSU.DSiui~ &l*y Ol iiHHy &.C^llillc &ii Oiit~OI~6t^tG UtiilK.. oUCTi OU.t~ut~Stfl.tc LiciilK- flOlulIi^ COlllp&iiy fclictil
notity tli6 Q6p3.rtiii6nt 3.t l63.st oO dnys prior to""~tli6 consuiiiiiifltiOii ot tn^ proposed
tl*3.IlS3.CtjiOil, A 116 ilOtitlCiitlOIl I'cO^Uii'tiillciitS 01 Lliife SUDSfeCtiOil bliiill uc fecitiiblltu &y Itlin~ lliSiiiil^ trie CttiOcli1tilltillt Witll 3. COpy 01 tilG clppllCctLiOIl 01 3.pjJliCS. LiOiiS llltCl Wit11 tll.6 Tcuclfl.! ~Dlil~K I fc^lllS-tOfy SUtOOfity Of (1U1110i1it16S~S6GK.Iil 3-j^prOVSl 1011 tl16 pFOpOS^u ti"lilS&CtiiOtl Oi SUC'tl Owl-611 iHtOi'ill&tiOri 3.S trife u.tpiti'Liil6Ht S113.11 r6(^U.6St.
\C) ille COiUiiliSSiOilcl Sliiill IiOt lp"pinOV6~&iiy flppllCSttOfi Dy 3.11 OU.tj~Oi"iSt3.ti6 D3HK flOlCliil COilijp&iiy ilOt 11ek.~Vnl 3. vj60I*^ifl. Dcnilt SUDSlQififyj OtilSl1 tll3.Il 3. ijfeOil^i3. uctilK. iiCCJU-u'cCi JjUi fellflrtt tCrvJOClfenlu^CtlOU i~x~Oi&&Ij tO <lC(^Uirft 6itfl61* 3. vjGOi1^!^. ufl-iilt l^OiCllii^ C0iilp3.11.y, fl. vjr601Tzt D3Hlv, Or~fl.il OU.t~OI~5t3.t6 D3.il K"FiOiCliil^ COill^jS-iiy ilfl-Vill^J 3. ijrSOl'^ict DflilK.rSU.DSlu.l~ tii'y UiilcSSj^lii tll-t; St3.tf; Wfl^l'6 tll^^I/Ut~Or"St>3.tfc UcillK. 1101u.iii COHlp3.Hy Stictviilg tO cilgcl^c 111 tO 3.CC[UISltlOri "U11Q61* SU.DScCtjiOll \Si) Oi' \)jj ul tiilS (_/Odt; SSCtiOil I1SS ItS pl'iiiCi^jctl plciCc 01 uUSiii^SS) tll^ IclWS ^OVSl'liiil^ tri6 flCCfUiSitiOii Of uiilin.8 Oi1 DailK. rXOlCLtil^ COillpflfllSS ill SUCil SL3.t6 t)y D3ftK. riOluiilL^ COiiipcniicS 113,Vlil^ tlTiGii' pliI10ip3.1 pl3.Cc OI DliSiflcSS OUtSiClc SUCH, fetiitci, Ll^.ciL ClO iiOt OtfitirWJSC 3ppiy tO 3.CCJU.iSlttOilS OT &&ilK.S Oi uclilK. liOlCliHg COliijJa."' Ui@S 111 SUCiY St3T/6 uy~"Dfl.llJt llOluiil^ COiUpfilliGS ill SLlCli SLtiwi, ^XprtiSSly 1/vOUlCl pel iiiiL SL \jte01 ^iH D3.11K. llOldiil^ "COUlpfliiy COiltrOTlill^ Oilly 3. vrSOT^ifl. udltK^ tO 3.CCJXli.i~&.
\\-) LTiG OU.t Or~StltC~Dlillt TiOluHi^ COTllpflliy bcctKJii^ tO niiiK-ti til.fi pfOpOSSu. ^Ci^tliSltiuil,
\j~ i Tic \jcOl ^ict LjtillK.r llOtCtiil^ COiHpfl-tij^j Jr6ui7i3. UiiiiK., Ol vjcOl'^Ji^ O3.HK. SU.DSlO.lHry OT tliti ~C(U.t~OtTM'Stlti6"DfllljS. llOlCtiii^ CvjiilpS.tiy plO^OSGCt CO Dfe SCtJUnrGCt il til^ jji iiiCl^iil pTfl.06
of businesh of such Georgia bank holding cumpany or the officeb of such Geoigia bank w^rs in sucli sLcitti.
Notwithstanding anything contained in subsection (a) or (b) of this Code section, noTTeoi'gia bank holding company or uut-of-state bank holding company may:
t"X7 utillZfi" tll6 plT0"ViS10HS 'Ol SUDSfcCtiOil \v) 01 v^OClc LicCbiOll t ~ i~^j\)(j TO Opel 3.tc DrSliCll^S 01 3. Siill6 D3.HR. DOTrl ID. tliiS St&tfe 3.11 Cl 111 ~&iiy Otlici SLclLtij Ol*
(2X1) Directly or indirectly acquire a Georgia bank unless such bank or any such baiiFs predecessor institution has been in existence and continuously operated or in corporated as a bank for a period of five years or more prior to the date of application to the cummin sionei for appruval uf such acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or sub stantially all of the shares of a Georgia bank organized solely for the purpose of facili tating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period.

542

JOURNAL OF THE SENATE

(2) Directly or indirectly acquire a bank having banking offices in Georgia if:
(A) Immediately before the consummation of the acquisition for which an application is tiled, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in this state; an5
(B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the foregoing limi tations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623.
(c) The commissioner must rule on any application seeking approval to engage in a transaction under this Code section not later than 90 days following the date of sub mission of a completed application seeking such approval. If the commissioner decides to hold a public hearing in connection with the application, the time limit specified may be extended to 30 days after the conclusion of the hearing but in no event shall exceed 12D days. If the commissioner fails to rule on the application within the requisite pe riod, the proposed transaction shall stand approved.
(d) If any acquisition involves an interstate merger transaction, the banks involved must comply with filing and other requirements in Part 20 of this chapter.
(e) This part is not intended to discriminate against out-of-state bank holding compa nies or against foreign bank holding companies in any manner that would violate Sec tion 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994.

(a) As long at> it notifies the department nut less than 30 days following the cimsummation of the transaction an out-of-state bank holding company having a Georgia bank

complying with Code Section 7-1-021: Subject to any applicable restrictions provided in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidi ary with banking offices in Georgia may acquire a bank that does not have banking offices in this state but shall notity the department at least 30 days prior to the con summation of the proposed transaction. The notification requirements of this subsec tion shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for tKe proposed transaction and such other information as the department shall request.
\_LJ J. lift clC^li-L&itfiOil ui Si DciiiK. llcLViiig1 DS.lllEiilg'^ OIIlCcS HI 3. S La Lei Otllfei' Llictii \jrG01 g"i<i, il

amended, 12 U.S.C. Section 1023(c),
\ij illG clCQLiiisiLnjii 01 fiil OU.t~OI~Stfl.tfe OflilK., it SU.CI1 cLC^UlSlLiuii li<iS uc^H CuilSUllllllclttitl iil tlltS i eg illell SOU1C6 01 ScCUlllljsJ ui COll6Cl>rilgr SL ilcDL p.fttViOU.S.Ty COiltrilCtctl in g'OOd
faith, as provided in and subject tu the lequiiemenlb uf Section 3(a) of the federal Dank
Holdiflg CoiUiJciQV Act
\*j) xri6 3CQ'u.ii)iLiOii 01^3. DHillv O1^3.iliZ^Cl Uiiucil tri6 1S.W^S Or tile UliiLti Stflt& Slid. Optl'tiLni^ iiilu^i' ocCLJ.011 ilu 01 o^CtlOIl iu\^t) OI tile A GuGi*tr J.v6S6rVc ACt/j <iS
amended, 12 U.Q.C. Settion 001 or Sections Oil llnuugh 031, or a bank 01 bank hold-
ill^f COOlJ)3.iiy Or^fliliZfiCT Ullufei1 Lllti 1IWS OI SL lOltil^ll COUHw'y tlicit IS pi i/lClpttilJ' ciiga.gcCI 111 utioiiitiSS OlltSlClS Ll'ici Uilztcu oLiiLtiS 3.JHQ WJllCIl SiLllcl lleiS 110 DclllK.iiig OIIlCc iil tile
s in the United States that aie engaged only in

FRIDAY, FEBRUARY 9, 1996

543

Fedeial Reserve Acl, as aaieiided, 12 U.S.O. Section 001 or Sections Oil through 031.
^ Ail GrUt~Ot~Stltc D3-.tl.lv 01 OUt~OI"StSLc DJliiK. nolulU^ COHlpflny iU3.y cill3.tt lilt tn&tCCJliijSi~
vil ul cl (JrtOi'^iil UiliiK. it SLiCli LCC|^Ui.itjiOil 11&& L/titiii COilSUillllliiLciG. ni tilt; ic^LilHl COUl~Sc~~ui
GllGCCliij=J & uGDt pl^ViOUSly CGiVtl. flCt^fl ill ^OGu 1 3.1 Hi j SL& jpro~Viu3u ill iiiiCl Suu~
Ct tG tlict l^i^UH ciiiciiitfc Or LjcCLnjii J(,ii/ 01 Lliti IcucilJil 133.11k
as, amended, 12 U.a.G. Oecliun 1642(a), provided however, that the out-of-hlate bank
uiiilK. Il0luiil COillJiiiiiy lilXlSt CliVGSt t.116 SGClilitlfc
t/WO ySiil'ft Ol LlltS ufiltG OI 3CC^U.lSitlOll7 Hiti uS^lili'tiilciiL liiciy, ill its ClifeCi'ciLiOil, pfii'llUt tile
0\tl.~OI~SCit^ L)<iiiK. 01 OU.t~OI~Stfl.tc D&ITA. liulu.Ili^ C01Tl|JtIiy LO l'6tttiII^BUCHr iHt61 cSt lOi' U|!j lu
thi'ee additional periods of uue yeai each. A bank holding company may engage in the transactions described in paragraphs (1) aricl (2) of this subsection without the necessity of complying with Code Section 7-1-622, provided that it notifies the department not less than 30 days following the consummation of the transaction.
(1) The acquisition of a Georgia bank, if such acquisition has been consummated with assistance from the Federal Deposit Insurance Corporation under Section 13(c) of the Federal Deposit Insurance Act, as amended, 12 U.S.C. Section 1823(c); or
(2) The acquisition of a Georgia bank, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good taith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a). if the bank acquired under this provision has banking offices in Georgia, the bank or bank holding company must divest the securities or assets acquired within two years of the date of acquisi tion. The department may, in its discretion permit the bank or bank holding company to retain such interest for up to three additional periods of one year each.
7-1-023. 7-1-624.
(a) Except as expressly permitted under Code Section 7-1-021 or 7-1-022 this part Part 20, or by federal law, no out-of-state bank holding company may acquire a Georgia bank
iiOluiri^ CGlYip&Hy, 3. vjroOri& uciiiK., Ol* 3.ii O ilt~OI~Stfl.tc Dcliirv Holding COUlp3.Hy uOilLi'OllIil^ 3
Georgia bank or a bank holding company controlling a bank having banking offices in Georgia.
(b) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself im mediately of its direct or indirect ownership or control of any Georgia banks or banking offices located in Georgia. In addition, the commissioner shall have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets; through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions.
7-1-024. 7-1-625.
(a) Any Georgia bank holding company and any out-of-statu bank holding company con trolling a Georgia bank having banking offices in Georgia shall be subject to the provi sions of Code Seclkm 7-f--6f>? Code Sections 7-1-605 through 7-1-612 and the rules and regulations of the department applicable to bank holding companies.
(b) Any bank holding company that has a Georgia bank subsidiary with banking offices in Georgia that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation and shall advise the department of the location of its initial registered office within this state and the name of its initial registered agent at such location. Such bank holding company shall agree to be bound by all the provisions of Code Sections 7-1-605 through 7-1-008 7-1-612 and by the provisions of this part. Any bank holding company having a Georgia bank subsidiary shall promptly advise the department of any changes in its reg istered office and agent.

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JOURNAL OF THE SENATE

(c) The department may enter into cooperative and reciprocal agreements with the bank regulatory authorities of any state for the periodic examination of bank holding compa nies and may accept reports of examination and other records from such authorities in lieu of conducting its own examinations. The department may enter into joint actions with other regulatory bodies having concurrent jurisdiction or may enter into such ac tions independently to carry out its responsibilities under this title and assure compli ance with the laws of this state. Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential according to Georgia law, and such confidentiality shall not be affected by the sharing of the exami nations or reports. The department shall not be obligated to provide or disclose such examinations and reports to any third party. Agreements to share such examinations or reports shall contain provisions for dealing with confidentiality and subpoenas.
r> -I f*^ 1" 7*1 fiOfi
(a) It is the express intention of the Georgia legislature General Assembly to provide a unified and orderly method of permitting limited interstate banking. Thus, if any provi sion of this part establishing the framework within which interstate banking may occur, providing for registration, approval, and supervisory powers of the department and the commissioner, or limitiiig'sTcpansion into this state to bank holding companies located in status satisfying the requirements of subsection (c) of Code Section 7-1-021 uf this pai I is determined by final, nonappealable order of any Georgia or federal court of competent jurisdiction to be invalid or unconstitutional, this entire part shall be null and void and of no further fui'ce and effect from the effective date of such final detei initiation the remain ing provisions of this part shall not be affected and shall continue to apply to any bank, bank holding company, foreign bank, or other person or circumstance!
(b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined therein in this part, or the organization and powers of the department and the commissioner with respect thereto as provided in such other parts.
(a) The term Ijdiik' as used in this part shall include any building and loan association,
SHVliij^S 1110. 103.11 ctSSOCIS-tlOTt, OF StfitS BctViU^S 3.11G 10311 3.SSOC 1 3.tiOH 3.S SUCll t&1*111 S 3.1'e
ucliii(3u in l_/0u6 o^CtlOll V~JL~*T iilCiUu.iil rGClGl'ctt SSVIil^fS L)<iilK.S 3.11CI SllUli&t1 D3,ilK.nl^ 6iltr~
lies chartmed uuJei the laws uf any stale and whose deposits are insuied midei a federal
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merits and pruvihiuus uf this part, including those provisions of this chapter incorporate J

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FRIDAY, FEBRUARY 9, 1996

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or umuiistitutional, such declaration 01 adjudication shall not affect the remaining por^ lions of this part, which shall remain of full force and effect. The General Assembly de clares, that it would have enacted the remaining purtiuiih of this pai I if it had known that
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SECTION 2.
Said article is further amended by adding at the end thereof a new Part 20 to read as follows:
"Part 20
7-1-628.
(a) It is the purpose of this part to permit interstate banking and branching by merger under Section 102 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, subject to the limitations and requirements set out in this part and in Parts 14, 15, 18, and 19 of this title.
(b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, registration, and other re quirements. Mergers involving banks having present and resulting branches located only in this state are governed by Parts 14 and 15 or this chapter. To the extent a bank partic ipating in an interstate merger transaction is owned or controlled by a bank holding company, the applicable provisions of Part 19 shall also apply.
(c) In authorizing the expansion of interstate banking to this state, and in the interests of its citizens, the General Assembly finds that primary consideration should be given to the following:
(1) Affording protection and promoting convenience to bank depositors and other cus tomers of financial institutions in this state;
(2) Preserving the advantages of a sound dual banking system and the competitive equality of state chartered institutions with federally chartered institutions;
(3) Supervising, regulating and keeping records of all persons, firms, corporations, as sociations and other business entities who furnish depository, lending and associated financial services in this state; and
(4) Providing to the Department of Banking and Finance sufficient powers and respon sibilities to implement these considerations.
(d) This part is not intended to discriminate against out-of-state bank holding companies or against foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994.
7-1-628.1.
As used in this part, the term:
(1) 'Bank' shall have the same meaning as set forth in 12 U.S.C. Section 1813(h) of the FDI Act, provided that the term Taank' shall not include any 'foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978).
(2) 'Bank holding company' shall have the same meaning as set forth in 12 U.S.C. Section 1841(a)(l) of the Bank Holding Company Act.

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(3) 'Bank supervisory agency" shall mean:
(A) Office of Comptroller of Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to those agencies; and
(B) The agency of a state with primary responsibility for chartering and supervising banks.
(4) 'Branch' in the context of this part shall have the same meaning as 'domestic branch' in 12 U.S.C. Section 1813(0) of the FBI Act. It shall not necessarily have the same meaning as 'branch bank' in paragraph (5) of Code Section 7-1-600, which defini tion serves the purposes of intrastate branching restrictions. Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter, in particular but not limited to laws regarding intrastate branching.
(5) 'Commissioner' means the commissioner of the Department of Banking and Fi nance then in office and, where appropriate, all of his or her successors and predeces sors in office.
(6) 'Control' means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a).
(7) 'Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships, corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities.
(8) 'Georgia bank' means a bank whose home state is Georgia.
(9) 'Georgia bank holding company' means a bank holding company that:
(A) Has its principal place of business in the state of Georgia; and
(B) Is not controlled by a bank holding company other than a Georgia bank holding company.
(10) 'Georgia state bank' means a bank chartered under the laws of the State of Georgia.
(11) 'Home state' means:
(A) With respect to a state bank, the state by which the bank is chartered;
(B) With respect to a national bank, the state in which the main office of the bank is located; or
(C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c) of the International Banking Act.
(12) 'Home state regulator' means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered.
(13) 'Host state' means a state, other than the home state of a bank, in which the bank maintains or seeks to establish and maintain a branch.
(14) 'Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c) (2) and (3) of the FDI Act.
(15) 'Interstate merger transaction' means:
(A) The merger or consolidation of banks with different home states and the conver sion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or
(B) The purchase of all or substantially all of the assets of a bank whose home state is different from the home state of the acquiring bank.

FRIDAY, FEBRUARY 9, 1996

547

(16) 'Out-of-state bank' means a bank whose home state is not Georgia, but the term does not include a foreign bank.
(17) 'Out-of-state bank holding company' means a bank holding company other than a Georgia bank holding company.
(18) 'Out-of-state state bank' means a bank chartered under the laws of a state other than Georgia.
(19) 'Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are largest.
(20) 'Resulting bank' means a bank that has resulted from an interstate merger trans action under this part.
(21) 'State' means any state of the United States, including the District of Columbia.
(22) 'Subsidiary' means that which is set forth either in Code Section 7-1-605 or Sec tion 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Sec tion 1841.
7-1-628.2.
Interstate merger transactions between out-of-state banks and Georgia banks including Georgia state banks shall be permitted provided that the applicable conditions, approv als, and filing requirements are met by participating banks and bank holding companies. Mergers involving banks having offices located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank participating in a merger is owned or controlled by a bank holding company, the provisions of Part 19 of this article shall also apply to the transaction.
7-1-628.3.
(a) Except as otherwise expressly provided in this subsection, an interstate merger trans action shall not be permitted under this part if:
(1) Immediately before the merger, any two or more banks involved in the transaction (including all insured depository institutions which are affiliates of any such bank) have a branch in this state; and
(2) Upon consummation of such transaction, the resulting bank (including all insured depository institutions that would be 'affiliates,' as defined in 12 U.S.C. Section 1841(k) of the resulting bank) would control 30 percent or more of the total amount of deposits held by all insured depository institutions in this state. The 30 percent limitation shall not apply, in the discretion of the commissioner, to transactions complying with para graph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regula tion adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause.
(b) An interstate merger transaction resulting in the acquisition or control by an out-ofstate bank of a Georgia bank or all or substantially all of the assets of a Georgia bank shall not be permitted under this part unless such Georgia bank or any predecessor bank shall have been in existence and continuously operating or incorporated as a bank on the date of such acquisition for a period of at least five years, as also provided in Code Section 7-1-608.
7-1-628.4.
(a) A Georgia state bank may enter into an interstate merger transaction where the Georgia state bank is the resulting bank, and as a result the Georgia state bank may establish, maintain, and operate one or more branches in another state. The Georgia state bank must seek approval for the merger pursuant to the provisions in Part 14 of this chapter and must comply with federal law.

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(b) An out-of-state bank may enter into an interstate merger transaction with a Georgia bank, and an out-of state bank resulting from such transaction may maintain and oper ate branches in Georgia. The requirements of Code Section 7-1-628.5 shall be met by the resulting bank. In order to consummate such a merger with a resulting out-of state bank, a Georgia state bank shall comply with Code Sections 7-1-531 through 7-1-533 and 7-1537. A Georgia state bank shall comply with Code Section 7-1-556 if a national bank is to be the resulting bank.
(c) Any out-of-state bank which lawfully establishes a branch in this state or which sub sequently becomes the owner of or controls interstate branches in Georgia, if such trans action is not covered by subsection (a) or (b) of this Code section, shall comply with the requirements in Code Section 7-1-628.5.
7-1-628.5.
(a) An out-of-state bank that is to be the resulting bank of an interstate merger transac tion shall comply or assure compliance with the following requirements:
(1) Part 19 of this article, if applicable to the transaction shall require any holding company of the resulting bank to comply with Code Sections 7-1-605 through 7-1-612;
(2) An out-of-state bank that will be the resulting bank pursuant to an interstate merger transaction involving a Georgia state bank shall notify the commissioner of the proposed merger not later than the date on which it files an application for an inter state merger transaction with the responsible federal bank supervisory agency, pro vide such information as the commissioner may specify, and pay any filing fee required by regulation;
(3) Prior to consummation of the merger, the resulting bank shall provide the commis sioner with satisfactory evidence of all required approvals from all relevant bank su pervisory agencies;
(4) An out-of-state bank holding company that may be the owner of the resulting bank shall provide satisfactory evidence to the commissioner of compliance with applicable requirements of Article 15 of Title 14 of the Georgia Business Corporation Code, 'For eign Corporations,' and shall notify the department of its location, any changes in its initial registered office within this state, and the name of its registered agent at such location. An out-of-state resulting bank shall notify the department of the location of its initial office, any subsequent registered office, and the name of its current regis tered agent;
(5) Each bank or bank holding company attempting to establish interstate branches in Georgia shall provide to the department a certification that all applicable Georgia laws and regulations have been satisfied. The department may, after its own investigation, provide to the appropriate state or federal regulator a certificate of compliance or a statement of noncompliance with Georgia law, together with any advisory comments; and
(6) The out-of-state bank must certify to the department that while it maintains a branch in Georgia it will meet the conditions set forth in this part and comply with all applicable Georgia laws and any rules issued under the laws of this state, as well as any orders or directives issued to the bank by the commissioner.
(b) In order to facilitate the cooperation between state regulatory authorities, an out-ofstate state bank that is the resulting bank of an interstate merger transaction shall com ply or assure compliance with the following additional requirements:
(1) The supervisor of the out-of-state state bank must agree to share with the commis sioner examination reports prepared by the supervisor and any other information deemed necessary by the commissioner regarding such bank. The exam reports from any other state shall be considered to be the other state's property and shall be pro tected as confidential by Georgia law; and

FRIDAY, FEBRUARY 9, 1996

549

(2) The out-of-state state bank must agree to make available to the commissioner any information that may be required to effectively examine the branch.
7-1-628.6.
(a) An out-of-state state bank which establishes and maintains one or more branches in Georgia under this part may conduct any activities at such branch or branches that are authorized under the law of this state for Georgia state banks, and if an activity is one that requires the prior approval of the commissioner, such approval must be secured prior to commencing such activity.
(b) A Georgia state bank may conduct any activities at any branch outside Georgia that are permissible for a bank chartered by the host state where the branch is located, except to the extent such activities are expressly prohibited by the laws of this state or by any regulation or order of the commissioner applicable to the Georgia state bank and except where the activity is one that requires approval from the department, in which case such approval must be secured; provided, however, that the commissioner may waive any pro hibition or requirement for approval if he or she determines, by order or regulation, that the involvement of out-of-state branches of the Georgia state bank in particular activities would not threaten the safety or soundness of such bank.
(c) An out-of-state bank that has established or acquired a branch in Georgia under this part may establish or acquire additional branches in Georgia to the same extent, but to no greater extent, that any Georgia bank may establish or acquire a branch in Georgia under applicable federal and state law.
7-1-628.7.
(a) To the extent consistent with subsection (c) of this Code section, the commissioner may make such examinations of any branch established and maintained in this state by an out-of-state state bank as the commissioner may deem necessary to determine whether the branch is being operated in compliance with the laws of this state and in accordance with safe and sound banking practices. The provisions of Parts 3 and 4 of Article 1 of this title are applicable to examinations.
(b) The commissioner may prescribe requirements for periodic reports regarding any outof-state bank that operates a branch in Georgia pursuant to this part. The required re ports shall be provided by such bank or by the bank supervisory agency having primary responsibility for such bank. Any reporting requirements prescribed by the commissioner under this subsection shall be: (i) consistent with the reporting requirements applicable to Georgia state banks; and (ii) appropriate for the purpose of enabling the commissioner to carry out his or her responsibilities under this Code section.
(c) The commissioner may enter into cooperative, coordinating, and information sharing agreements with any other bank supervisory agencies or any organization affiliated with or representing one or more bank supervisory agencies with respect to the periodic exam ination or other supervision of any branch in Georgia of an out-of-state state bank or of any branch of a Georgia state bank in any host state, and the commissioner may accept such parties' reports of examination and reports of investigation in lieu of conducting his or her own examinations or investigations. Agreements to share should contain provi sions for dealing with confidentiality and subpoenas.
(d) Notwithstanding any other law to the contrary, the commissioner may enter into con tracts with any bank supervisory agency that has concurrent jurisdiction over a Georgia state bank or an out-of-state state bank operating a branch in this state pursuant to this part to engage the services of such agency's examiners at a reasonable rate of compensa tion, to provide the services of the commissioner's examiners to such agency at a reason able rate of compensation, or for another arrangement that the commissioner may find expedient and reasonable.
(e) The commissioner may enter into joint examinations or joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Georgia of an out-of-state state bank or any branch of a Georgia state bank in any host

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state, provided that the commissioner may at any time take such actions independently if he or she deems such actions to be necessary or appropriate to carry out his or her responsibilities under this part or to ensure compliance with the laws of this state, but provided further that, in the case of an out-of-state state bank, the commissioner shall recognize the exclusive authority of the home state regulator over corporate governance matters and the primary responsibility of the home state regulator with respect to safety and soundness matters.
(f) Each out-of-state bank that maintains one or more branches in this state may be assessed and, if assessed, shall pay supervisory and examination fees in accordance with the laws of this state and regulations of the department.
(g) Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential according to Georgia law, and such confidentiality shall not be affected by the sharing of the examination or reports. The department shall not be obligated to provide or disclose such examinations or reports to any third party.
7-1-628.8.
(a) A 'de novo branch' means a branch of a bank which:
(1) Is originally established by the bank as a branch; and
(2) Does not become a branch of the bank as a result of the acquisition of another bank or of a branch of another bank or as the result of the merger, consolidation, or conver sion of any such bank or branch.
(b) No out-of-state bank shall establish or maintain a de novo branch in this state unless such bank has lawfully established a branch in Georgia, and then only to the extent that any Georgia bank could establish such a de novo branch.
7-1-628.9.
Unless otherwise expressly permitted by Georgia law or regulation, no bank may acquire a branch of any other bank in Georgia without the acquisition of the entire bank, unless the acquiring bank could lawfully establish a branch in the geographic area where the branch to be acquired is located.
7-1-628.10.
If the commissioner determines that a branch maintained by an out-of-state state bank in this state is being operated in violation of any provision of the laws of this state or that such branch is being operated in an unsafe and unsound manner, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the branch were a Georgia state bank, provided that the commissioner shall promptly give notice to the home state regulator of each enforcement action taken against an out-of-state state bank and, to the extent practicable, shall consult and coop erate with the home state regulator in pursuing and resolving said enforcement action.
7-1-628.11.
The commissioner may promulgate such regulations and may provide for the payment of such reasonable filing, application, assessment, and administrative fees as he or she de termines to be necessary or appropriate in order to implement the provisions of this part.
7-1-628.12.
The commissioner may require an out-of-state state bank that maintains or seeks to es tablish a branch in this state to submit to the department its consolidated reports of condition and income in the form specified by the Federal Financial Institutions Exami nation Council. In order to determine compliance with Georgia law on deposit concentra tion limits or other ares of state compliance, other reporting of banks may be required by the commissioner.

FRIDAY, FEBRUARY 9, 1996

551

7-1-628.13.
Each out-of-state state bank that has established and maintains a branch or which in tends to establish a branch in this state pursuant to this part or the person seeking to obtain control of the out-of-state state bank shall give to the commissioner at least 30 days' written notice (or, in the case of an emergency transaction, such shorter notice as is consistent with applicable state or federal law) of any merger, consolidation, or other transaction that would cause a change of control with respect to such bank or any bank holding company that controls such bank, with the result that an application would be required to be filed pursuant to the federal Change in Bank Control Act of 1978, as amended, 12 U.S.C. Section 1817(j), or the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841 et seq., or any successor statutes thereto.
7-1-628.14.
(a) If any provision of this section or the application of such provision is found by any court of competent jurisdiction in the United States to be invalid as it pertains to any bank, bank holding company, foreign bank, or other person or. circumstances, or is found to be superseded explicitly by federal law, the remaining provisions of this part shall not be affected and shall continue to apply to any bank, bank holding company, foreign bank, or other person or circumstance.
(b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined in this chapter, or with respect to the organization and powers of the department and the commissioner as provided in such other parts.
7-1-628.15.
(a) All banks engaged in interstate banking and branching in this state shall be obliged to adhere to the tax laws and regulations of Title 48 which pertain to such activities.
(b) The Department of Revenue shall address the tax treatment of financial organiza tions before June 1, 1997, in order to provide timely and appropriate taxation of banks which have adjusted their corporate structures according to this part and federal law."

SECTION 3.

Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective on June 1, 1997.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Day
Dean
Edge Egan Farrow Gillis Glanton
Gochenour Griffin

Guhl Harbison
Henson
Hill Hooks Johnson of 2nd Johnson of 1st Lamutt
Land Langford

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Madden Marable McGuire Middleton Newbill Oliver Perdue

Ragan Ralston Ray Scott Slotin Starr Stokes

Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black (excused) Cagle (excused)

James (excused) Kemp (excused)

Pollard (excused) Taylor

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

SB 512. By Senators Marble of the 52nd, Ray of the 19th and Dean of the 31st:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to provide that a prosecut ing attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer; to provide for the furnishing of certain other information.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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

Those not voting were Senators:

Black (excused) Blitch

Cagle (excused) James (excused)

Kemp (excused) Pollard (excused)

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

FRIDAY, FEBRUARY 9, 1996

553

SB 566. By Senator Thomas of the 10th:
A bill to amend Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures and applicable to counties and cities of specified populations, so as to provide for comprehensive review and recommendations regarding changes in zoning every five years.

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 566 by striking on page 1, line 32 the following: "1996"

and inserting in lieu thereof the following: "1997".

On the adoption of the amendment, the yeas were 0, nays 32, and the amendment was lost.
Senator Thomas of the 10th offered the following amendment:
Amend SB 566 by adding on line 5 on page 1 immediately following the word "zoning" the following:
"a minimum of.
By striking lines 28 through 32 on page 1 and inserting in lieu thereof the following:
"(b) All land development regulation documents, including zoning ordinances, subdivi sion ordinances, and other documents which serve to implement a comprehensive land use plan shall be reviewed a minimum of every five years in order to assess the effective implementation of the comprehensive growth management plan. The first such review and recommendation shall be completed no later than December 31, 1997.'"
On the adoption of the amendment, the yeas were 29, nays 10, 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.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th Burton Dean Edge Egan Farrow Gillis

Griffin Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Langford Madden Marable Middleton

Oliver Perdue Ray Scott Slotin Starr Stokes Thomas Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Cheeks Crotts Day Glanton

Gochenour Guhl Lamutt Land McGuire

Newbill Ralston Tanksley Taylor

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JOURNAL OF THE SENATE

Those not voting were Senators:

Black (excused) Blitch Cagle (excused)

Clay James (excused) Kemp (excused)

Pollard (excused) Ragan Thompson

On the passage of the bill, the yeas were 33, nays 14. The bill, having received the requisite constitutional majority, was passed as amended.

SB 575. By Senators Clay of the 37th, Thompson of the 33rd and Lamutt of the 21st:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records of child abuse, sex ual abuse, or sexual harassment of children, so as to provide for access to such records by certain child advocacy centers.
The Senate Judiciary Committee offered the following amendment:
Amend SB 575 by striking in its entirety line 5 of page 1 and inserting in lieu thereof the following:
"to such records by certain child advocacy centers; to provide for confidentiality and pen alties for unauthorized access to or use of such records; to repeal".
By striking in its entirety line 25 of page 1 and inserting in lieu thereof the following:
"board; provided, however, any child advocacy center which is granted access to records concerning reports of child abuse shall be subject to the confidentiality provisions of sub section (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such records;'".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
Senator Clay of the 37th offered the following amendment:
Amend SB 575
by striking in their entirety lines 15 and 16 page 1 and inserting in lieu thereof the following:
" '(7.1) A child advocacy center which is participating in the Georgia Network of Chil dren's Advocacy Centers and which is operated for the purpose of".

On the adoption of the amendment, the yeas were 40, nays 0, and the Clay amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Day Dean Edge Egan Farrow Gillis Gochenour Guhl Harbison Henson Hooks

Johnson of 2nd Lamutt Land Langford Madden Marable McGuire Newbill Oliver Perdue Ralston

FRIDAY, FEBRUARY 9, 1996

555

Ray Scott Slotin Stokes

Tanksley Taylor Thomas Thompson

Voting in the negative was Senator Glanton.

Turner Tysinger Walker

Those not voting were Senators:

Black (excused) Cagle (excused) Griffin Hill

James (excused) Johnson of 1st Kemp (excused) Middleton

Pollard (excused) Ragan Starr

On passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SB 576. By Senators Taylor of the 12th, Bowen of the 13th, Edge of the 28th and Hooks of the 14th:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to change the provisions relating to the right of a person who is refused bail to have the charges against him or her heard by a grand jury within 90 days; to provide that in cases where the person is arrested for a crime for which the death penalty may be imposed, the superior court may, upon a motion of the district attorney and after a hearing, grant an extension.
The Senate Judiciary Committee offered the following amendment:
Amend SB 576 by striking in their entirety lines 8 and 9 of page 1 and inserting in lieu thereof the following:
"motion of the district attorney and after a hearing and good cause shown, grant one extension not exceeding 90 days to the 90 day period before the arrested person".
By striking in their entirety lines 32 and 33 of page 1 and inserting in lieu thereof the following:
"for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cheeks Clay Crotts Day Dean

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd

Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Ragan

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JOURNAL OF THE SENATE

Ralston Scott Slotin
Starr

Stokes Tanksley Taylor
Thomas

Thompson Turner Tysinger
Walker

Those not voting were Senators:

Black (excused) Brown of 26th Cagle (excused)

Edge James (excused) Kemp (excused)

Pollard (excused) Ray

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

SB 638. By Senators Dean of the 31st, Ray of the 19th, Perdue of the 18th and Marable of the 52nd:
A bill to amend Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, so as to pro vide that each state building shall maintain in a public place a bulletin board dedicated to the display of information designed to help locate missing children; to provide that the Missing Children Information Center shall provide informa tion to be placed on such bulletin boards.
The Senate Special Judiciary Committee offered the following substitute to SB 638:
A BILL
To be entitled an Act to amend Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, so as to provide that each state building shall maintain in a public place a bulletin board dedicated to the display of information designed to help locate missing children; to provide that the Missing Children Information Center shall provide information to be placed on such bulletin boards; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 4 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Missing Children Information Center, is amended by inserting at the end thereof the following:
"35-3-86.
Each State of Georgia office building open to the public shall maintain in a public place a bulletin board not to exceed three feet by four feet dedicated to the display of information designed to assist in the location of missing children. The Missing Children Information Center shall develop and disseminate to the custodian of each such building displays for publication. Such displays shall be produced in a form designed to attract public atten tion and shall contain information which may include photographs designed to facilitate the location and recovery of specific missing children."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

FRIDAY, FEBRUARY 9, 1996

557

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

Those voting in the affirmative were Senators:

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

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton

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

Those not voting were Senators:

Black (excused) Cagle (excused) Edge

James (excused) Johnson of 2nd Kemp (excused)

Pollard (excused) Scott

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Serving as the doctor of the day was Dr. Alice Buckley of Albany, Georgia.
At 12:06 P.M. Senator Perdue of the 18th moved that pursuant to HR 822, adopted previously, the Senate stand in recess until 5:00 P.M. today, and at that time stand ad journed until 10:00 A.M. on Monday, February 12, 1996; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Monday, February 12, 1996 Twenty-first Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Friday, February 9, 1996, proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1615. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.
HB 1383. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change certain provisions regarding the effective date of compensation increases for certain county officers; to provide for a uniform effective date for all Acts which provide for an increase in expenditure by or loss of revenue to counties or municipalities.
HB 1198. By Representatives Barnard of the 154th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize mu nicipal ordinances for the issuance of permits to certain charitable organizations for the solicitation of contributions on the streets and highways within the cor porate limits.
HB 1156. By Representatives Purcell of the 9th and Smyre of the 136th:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Reserve Officers' Training Corps Grant Program, so as to provide that tuition charges for nonresident students enrolled in the ROTC program at North Georgia College shall be the same as tuition charges for resident students.

MONDAY, FEBRUARY 12, 1996

559

HB 1355. By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authorities and their property from taxes and special assessments; to change provisions relating to the renting of housing units.
HB 1327. By Representative Connell of the 115th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501 (C) (3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to the board.
HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a. definition; to permit the opera tion of electric assisted bicycles on bicycle paths.
HB 838. By Representatives Culbreth of the 132nd, Lord of the 121st, Heard of the 89th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computation of riskbased capital levels for various kinds of insurers.
HB 1326. By Representatives Reichert of the 126th, Chambless of the 163rd, Skipper of the 137th and others:
A bill to amend Code Section 14-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to professional corporations, so as to add pharma cists to the definition of profession; to allow pharmacists to form professional corporations.
The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 85. By Senators Day of the 48th and Balfour of the 9th:
A resolution designating a certain portion of Interstate Highway 85 as the Vet erans Parkway.
HR 819. By Representative Streat of the 167th:
A resolution designating the Buford C. Gilliard Bridge.
The following bills were introduced, read the first time and referred to committees:
SB 710. By Senators Marable of the 52nd, Dean of the 31st and Gillis of the 20th:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to allow Cross roads Alternative School Program staff and students from local school systems to participate in staff development and youth leadership programs on the cam pus of the Georgia School for the Deaf.
Referred to Committee on Education.

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JOURNAL OF THE SENATE

SB 711. By Senators Farrow of the 54th and Oliver of the 42nd:
A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "per sonal property" as used in said Code section.
Referred to Committee on Judiciary.
SB 712. By Senators Gillis of the 20th, Bowen of the 13th and Hooks of the 14th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that a conviction of certain offenses relating to the hunting of bear, tur key, or deer shall result in a two-year suspension of hunting privileges; to pro vide a penalty.
Referred to Committee on Natural Resources.
SB 713. By Senators Oliver of the 42nd and Starr of the 44th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to revise substantially the pro visions relative to the personnel of the Public Service Commission; to separate the investigative, administrative, and advocacy personnel from the Public Ser vice Commission, and establish an independent Public Advocacy Staff; to pro vide for an executive director and other personnel.
Referred to Committee on Finance and Public Utilities.
SB 714. By Senators Day of the 48th and Madden of the 47th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to require a criminal records check with the Federal Bureau of Investigation on persons petitioning to adopt a child; to collect a fee from the petitioner to cover such costs; to provide a petitioner for adoption with an opportunity to complete or challenge the accuracy of information contained in a Federal Bureau of Investigation identification record.
Referred to Committee on Judiciary.
SB 715. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the approval of the governing authority of each affected county or municipal corporation before a merger of any county or municipal chambers of commerce becomes effective.
Referred to Committee on State and Local Governmental Operations (General).
SB 716. By Senators Taylor of the 12th and Hooks of the 14th:
A bill to amend Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to distribution of funds, boards of directors, and bonding of employees of community action agencies, so as to change certain provisions relating to con tracts for provision of services by community action agencies and termination of funding for noncompliance with such contracts; to change certain provisions re lating to boards of directors of community action agencies.
Referred to Committee on Health and Human Services.

MONDAY, FEBRUARY 12, 1996

561

SB 717. By Senator 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, so as to change the provisions regarding joint after-school programs for at-risk students; to pro vide an effective date.
Referred to Committee on Education.
SB 718. By Senators Stokes of the 43rd, Oliver of the 42nd and Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to prohibit a managed care plan from using a financial incentive program that limits medically necessary and appropriate services; to provide a definition.
Referred to Committee on Insurance and Labor.
SB 719. By Senator Starr of the 44th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for qualified domestic relations orders; to provide for definitions; to provide requirements for domestic relations orders to be qualified domestic relations orders; to provide that benefits under public retirement systems shall be subject to the terms of qualified domestic relations orders.
Referred to Committee on Retirement.
SB 720. By Senator Taylor of the 12th:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for legislative findings; to author ize and regulate provider sponsored health care corporations; to require the Commissioner of Insurance to issue regulations governing provider sponsored health care corporations; to authorize the Commissioner to waive the provisions of said title to promote provider sponsored health care corporations.
Referred to Committee on Health and Human Services. The following bills were read the first time and referred to committees:
HB 838. By Representatives Culbreth of the 132nd, Lord of the 121st, Heard of the 89th and Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computation of riskbased capital levels for various kinds of insurers.
Referred to Insurance and Labor Committee.
HB 1156. By Representatives Purcell of the 9th and Smyre of the 136th:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Reserve Officers' Training Corps Grant Program, so as to provide that tuition charges for nonresident students enrolled in the ROTC program at North Georgia College shall be the same as tuition charges for resident students.
Referred to Higher Education Committee.

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JOURNAL OF THE SENATE

HB 1198. By Representatives Barnard of the 154th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize mu nicipal ordinances for the issuance of permits to certain charitable organizations of the solicitation of contributions on the streets and highways within the corpo rate limits.
Referred to Consumer Affairs Committee.
HB 1326. By Representatives Reichert of the 126th, Chambless of the 163rd, Skipper of the 137th and others:
A bill to amend Code Section 14-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to professional corporations, so as to add pharma cists to the definition of profession; to allow pharmacists to form professional corporations.
Referred to Consumer Affairs Committee.
HB 1327. By Representative Connell of the 115th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501 (C) (3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to the board.
Referred to Economic Development, Tourism and Cultural Affairs Committee.
HB 1355. By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authorities and their property from taxes and special assessments; to change provisions relating to the renting of housing units.
Referred to State and Local Governmental Operations Committee (General).
HB 1383. By representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change certain provisions regarding the effective date of compensation increases for certain county officers; to provide for a uniform effective date for all Acts which provide for an increase in expenditure by or loss of revenue to counties or municipalities.
Referred to State and Local Governmental Operations Committee (General).
HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the opera tion of electric assisted bicycles on bicycle paths.
Referred to Transportation Committee.

MONDAY, FEBRUARY 12, 1996

563

HR 819. By Representative Streat of the 167th:
A resolution designating the Buford C. Gilliard Bridge.
Referred to Transportation Committee.
HB 1615. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Education has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 645. Do pass by substitute.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

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

SB 19. Do pass by substitute.

SB 667. Do pass.

SB 584. Do pass by substitute.

Respectfully submitted, Senator Farrow of the 54th District, Chairman

Mr. President:

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

HB 1576. Do pass.

HB 1592. Do pass.

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

The following bills were read the second time:

SB 578 SB 669
SR 432 HB 449

SB 616 SB 670
SR 444 HB 580

SB 625 SB 675
SR 464 HB 586

SB 636 SB 693
SR 466 HB 1086

SB 646 SR 427
SR 487 HB 1419

SB 661 SR 430
SR 525 HB 1475

Senator Griffin of the 25th moved that Senator Abernathy of the 38th be excused due to business. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Abernathy of the 38th was excused.

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JOURNAL OF THE SENATE

Senator Edge of the 28th moved that he be excused due to Legislative business. On the motion, they yeas were 39, nays 1; the motion prevailed, and Senator Edge of the 28th 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 Farrow Gillis Glanton

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

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

Those not answering were Senators:

Abernathy (excused) Egan

Johnson of 2nd Taylor

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Black of the 53rd introduced the chaplain of the day, Reverend Kelvin Skogen, pastor of Reform Presbyterian Church, Lookout Mountain, Georgia, who offered scripture reading and prayer.
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 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1266. By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Annotated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to provide for a written accounting to the Secretary of State; to provide for information contained in such accounting.

MONDAY, FEBRUARY 12, 1996

565

The following resolutions were read and adopted:
SR 548. By Senator Pollard of the 24th: A resolution recognizing the month of May, 1996, as "Motorcycle Awareness and You Month" in Georgia.

SR 549. By Senators Langford of the 29th and Edge of the 28th:
A resolution commending Walter Young Murphy, President of LaGrange Col lege.

SR 550. By Senator Perdue of the 18th: A resolution commending Hillary Smith.

SR 552. By Senators Tysinger of the 41st and Oliver of the 42nd:
A resolution commending Chamblee High School.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 12, 1996
TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1576 Walker, 22nd Cheeks, 23rd CITY OF AUGUSTA AND RICHMOND COUNTY
To amend an Act providing for the consolidated government of AugustaRichmond County, so as to provide for the tort and nuisance liability for such consolidated government.

HB 1592 Blitch, 7th CHARLTON COUNTY
To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

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

Those voting in the affirmative were Senators:

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

Crotts Day Dean Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt

566

JOURNAL OF THE SENATE

Land Langford Madden Marable McGuire Newbill Oliver

Perdue Pollard Ragan Ralston Ray Slotin Starr

Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy (excused) Black Cheeks

Edge (excused) James Middleton

Scott Taylor

On the passage of the local bills, the yeas were 48, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Gochenour of the 27th introduced Rachel English, Miss Georgia, commended by SR 533, adopted previously, who addressed the Senate briefly.
Senator Hill of the 4th introduced a group with the Parks and Recreation Association, and their representative, Mike Rollins, commended by SR 463, adopted previously. Mike Rollins addressed the Senate briefly.
Senator Perdue of the 18th introduced a group from the Student Professional Associa tion of Georgia Educators.
Senator Brown of the 26th moved that Senator Taylor of the 12th be excused from the Senate due to a family emergency. On the motion the yeas were 35, nays 0; the motion prevailed, and Senator Taylor was excused.

SENATE RULES CALENDAR
Monday, February 12, 1996 TWENTY-FIRST LEGISLATIVE DAY

SB 640 Grandparent Visitation--change provisions (Substitute) (Judy--38th)
SB 644 Appeals Application, Certain Cases--appellate court jurisdiction (Judy--54th)
SB 611 Deprived Child Removed from Home--reunification services (Substitute) (Judy--42nd)
SB 612 Salt--water Island Property--zoning power by coastal counties (SLGO-G--6th)
SB 452 Board of Athletic Training and Massage Therapists--create (Substitute) (SLGO-G--10th)
SB 422 Alcoholic Beverage License--municipal residency requirements for license (SLGO--G--37th)
SB 614 Building Construction--restroom facilities (Substitute) (S Judy--52nd)
SB 634 Municipal Incorporation--determining distance to existing municipal corpora tion (Substitute) (S Judy--6th)
SB 620 Certain Counselors, Therapists--emergency exam of mentally ill (H&HS --55th)
SB 649 Civil War Historic Sites--Department of Natural Resources program for acquir ing, maintaining (Substitute) (Nat R--37th)

MONDAY, FEBRUARY 12, 1996

567

SB 555 Medical Care Savings Account and Trust Act--provide (I&L--27th)

SB 574 Motor Vehicle Sales Finance Act--redefine certain terms (Substitute) (C Aff --33rd)
Respectfully submitted, Isl Scott of the 36th, Chairman
Senate Rules Committee
The following bill was taken up to consider House Action thereto:

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and other:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1186.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1186.
The following general bills were read the third time and put upon their passage.

SB 644. By Senators Farrow of the 54th, Clay of the 37th and Edge of the 28th:

A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, the contents, filing, and service of the application, exhibits, responses by opposing parties, issuance of orders regarding appeals, procedure, and supersedeas, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for permission to appeal the appellate court shall have jurisdiction to decide the case and shall grant the application.

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

Those voting in the affirmative were Senators:

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

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

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

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy (excused) Black

Gillis Hill

Ragan Taylor (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Walker of the 22nd introduced a group from the Mental Health Association commended by SR 437, adopted previously, and their representative Glenda King, who addressed the Senate briefly.
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 383. By Representatives Mosley of the 171st, Byrd of the 170th, Walker of the 141st and others:
A bill to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for cer tain provisions in contracts with architects or other licensed individuals or enti ties for public school buildings.
The Calendar was resumed.

SB 611. By Senators Oliver of the 42nd, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to pro vision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain cus tody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable.
The Senate Judiciary Committee offered the following substitute to SB 611:
A BILL
To be entitled and Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to provision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain custody orders; to pro vide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable; to provide that certain factual findings shall create a presumption that reunification services are not appropriate; to provide for evidentiary standards; to provide for citizens review panel recommendations with respect to termina tion of parental rights under certain circumstances; to specify that grounds for presuming reunification services are not appropriate may be considered in determing whether to ter minate parental rights; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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569

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking Code Section 15-11-41, relating to limitations on and continuation and implementation of dispositional orders, and inserting in its place a new Code section to read as follows:
"15-11-41.
(a) except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Children and Youth Services continues in force for two years or until the child is sooner discharged by the Department of Children and Youth Services. The court which made the order may extend its duration for an addi tional two years subject to like discharge, if:
(DA hearing is held upon motion of the Department of Children and Youth Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an op portunity to be heard are given to the child and the parent, guardian, or other custo dian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.
(b) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to prevent or eliminate the need for removal and to make it possible for the child to return to the child's home. Such findings shall also be made at every subsequent review of the court's order under this statute chapter.
(c) The legislature finds that the state has a responsibility to protect and provide for the safety and stability of children. Thus, a parent's entitlement to reunification services after the removal of a deprived child from the home may be defined and limited by state law. The legislature further finds that permanent placement for any child removed from his or her home is in the best interest of the child and that such permanence should be provided as soon as reasonably possible. Any disposition or placement of a deprived child removed from the home, therefore, must be reviewed no later than 12 months from the time of such disposition or placement for purposes consistent with this Code section. A court may determine by clear and convincing evidence that reasonable efforts to reunify iTchild with his or her family will be detrimental to the child and that reunification serv ices, therefore, should not be provided or may be terminated. Without limiting the gener ality of the foregoing, there is a presumption that reunification services should not be provided to a parent if the court finds by clear and convincing evidence that any of the following circumstances exist:
(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2) The whereabouts of the parent are unknown, based upon competent evidence that a diligent search has failed to locate the parent;
(3) The parent is suffering from a mental disability illness of such magnitude that it renders him or her incapable of utilizing reunification services, based upon competent evidence from mental health professionals establishing that even with the provision of services the parent is unlikely to be capable of adequately caring for the child within 12 months;
(4) The child has previously been adjudicated as a deprived child due to physical or sexual abuse; following such adjudication the child was removed from the custody 6T

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the parent and was subsequently returned to the custody of the parent; and the child Has again been removed from the custody of the parent due to additional physical or sexual abuse;

(5) The parent has caused the death of another child through abuse or neglect;

(6) The child has suffered severe abuse by the parent or by any other person known by

the parent if the parent knew or reasonably should have known that the person was

abusing the minor and the parent did not act to stop the abuse;

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(7) The parent's rights have been terminated with regard to any other child;

(8) While the child was an infant the parent abandoned the child by leaving the child outside the home in such a manner that the child was not under the care of any respon sible person and there was no readily available method for a person finding the child to identity the parent; or

(9) The child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions.

Relevant evidence in determining whether reunification services should be provided shall include, but not be limited to, the following: failure of a parent to respond to previ ous services; failure of a parent to comply with any previous treatment plan; the fact that the child has been abused while the parent was under the influence of drugs or alcohol; a past pattern of violent behavior; continued residency of a parent with an individual who has abused the child; any pattern of parental behavior which has exposed the child to repeated abuse; or testimony by a competent professional that the parent's behavior is unlikely to be successful. In determining whether reunification services should be pro vided, the court shall also consider whether the parent has expressed interest in reunifi cation with the child. In the event that a citizen review panel at any time determines that there exist circumstances such that reunification services are not appropriate and that such circumstances are significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the department, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, such party or officer of the court finds sufficient evidence.

(cXd) Within 30 days of the date of removal of the child from the home, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family which or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The plan contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the plan report will be submitted to become an order of the court. The case ptan If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan witt shall address each reason requiring removal and shall contain at least the following:

(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the
home;

MONDAY, FEBRUARY 12, 1996

571

(2) A discussion of how the plan is designed to achieve a placement in the least restric tive, most family-like setting available and in close proximity to the home of the par ents, consistent with the best interests and special needs of the child;
(3) A clear description of the specific actions to be taken by the parents- and the specific services to be provided by the Division of Family and Children Services of the Depart ment of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be returned home; pro vided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made condi tions of the return of the child without further court review;
(4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;
(5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and
(6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal vis its, telephone calls, and letters.
The report submitted to the court shall also contain any dissenting recommendations of the citizen review panel, if applicable, and the parents which are not m accord with the piopo&ed plan submitted to the court. After receiving the proposed plan, unless a healing
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along with written notes that the plan will be made the order of the court uiues&, wilhiu five days from the dale the copy of the plan wdh received, they request a liaaiiiig before the court to review the plan any recommendations of the parents, if such are available. If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specify ing what must be accomplished by ~ail parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of the court unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review tHe~report. If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the par ents, the court shall, no later than 30 days following the filing of the report, hold a hear ing to review the report and the determination tKat a plan for reunification services is not appropriateT
(e) At the hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunifica tion plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether it intends to proceed with termination of parental rights in accordance with Article 2 of Title 15. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian afl litem and charge such guardian with the duty of determining whether the child's best interests would be served by commencement of termination proceedings under that article.
(dXf) Except as otherwise provided by law, an order of disposition placing a deprived chflH in foster care under the supervision of the Division of Family and Children services

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of the Department of Human Resources shall continue in force for i8 12 months after the date of original placement with the department or until sooner terminated by the court. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement; and shall be conducted by the juvenile court judge, or by a properly designated referee or judge pro tempore, or by judicial citizen review panels~established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and rec ommendations and those of the department, along with the department's proposed re vised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the pro posed revised plan in writing within five days after receiving a copy of such plan.
(eXg) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all ele ments that the court finds essential in the proposed revised plan to achieve reunification. The judge's supplemental order shall be entered within a reasonable time from the con clusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
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(fXh) The court which made the order may extend its duration for not more than two years if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hear ing shall, after the making of appropriate findings of fact, determine the future status of the child including, but not limited to, whether the child should be returned to the pareat(s) parent or parents, should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circum stances, be continued in foster care on a permanent or long-term basis and whether reunification services, if in effect, should be continued; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any deter mination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportu nity to be heard are given to the parties affected; and

MONDAY, FEBRUARY 12, 1996

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(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
feXi) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the ap pointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if;
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportu nity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
thXj) Except as provided in subsection (a) of this Code section, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
tiKk) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 2.
Said chapter is further amended by striking subparagraph (b) (4) (B) of Code Section 15-1181, relating to grounds for termination of parental rights, and inserting in its place a new subparagraph to read as follows:
"(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:
(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;
(ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child;
(iii) Conviction of the parent of a felony and imprisonment therefor which has a demon strable negative effect on the quality of the parent-child relationship;
(iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature;
(v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and
(vi) Injury or death of a sibling under circumstances which constitute substantial evi dence that such injury or death resulted from parental neglect or abuse; and
(vii) A failure to act to assert any parental care and control of a child in such a manner that the parent has lost his or her opportunity interest in parenting that child. In such circumstances where a parent has tailed to act upon his or her opportunity to parent and there has been a physical abandonment of the child pursuant to paragraph (8) of subsection (c) of Code Section 15-11-41, the court shall be authorized to terminate pa rental rights in fewer than 12 months."

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SECTION 3.
This Act shall become effective July 1, 1996, and shall apply with respect to proceedings pending on that date as well as proceedings filed on or after that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 0, nays 41, and the committee substi tute to SB 611 was lost.
Senator Oliver of the 42nd and Land of the 16th offered the following substitute to SB 611:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to change provisions relating to provision of reunification services when a deprived child is removed from the home; to state legisla tive findings; to change the duration of and review of certain custody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable; to provide that certain factual findings shall create a presumption that reunification services are not appropriate; to provide for evidentiary standards and proce dural matters; to provide for citizens review panel recommendations with respect to termi nation of parental rights under certain circumstances; to provide for the relationship between determination of reunification services and proceedings for termination of paren tal rights; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relat ing to adoption, so as to change the standard for termination of parental rights in certain circumstances; to change the standard for determining when surrender of parental rights is not required in certain circumstances; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking Code Section 15-11-41, relating to limitations on and continuation and implementation of dispositional orders, and inserting in its place a new Code Section to read as follows:
"15-11-41.
(a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Children and Youth Services continues in force for two years or until the child is sooner discharged by the Department of Children and Youth Services. The court which made the order may extend its duration for an addi tional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Children and Youth Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an op portunity to be heard are given to the child and the parent, guardian, or other custo dian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.
(b) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources

MONDAY, FEBRUARY 12, 1996

575

and any other appropriate agencies to prevent or eliminate the need for removal and to make it possible for the child to return to the child's home. Such findings shall also be made at every subsequent review of the court's order under this statute chapter.
(c) Within 30 days of the date of removal of the child from the home and at each subse quent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family which or include a statement of the tactual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The plan contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the citi zen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the pten report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations ofthe citizen review panel, if applicable, and any recom mendations of the parents, if such are available.
(d) Tim case plan If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan witt shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home;
(2) A discussion of how the plan is designed to achieve a placement in the least restric tive, most family-like setting available and in close proximity to the home of the par ents, consistent with the best interests and special needs of the child;
(3) A clear description ofthe specific actions to be taken by the parents; and the specific services to be provided by the Division of Family and Children Services of the Depart ment of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be returned home; pro vided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made condi tions of the return of the child without further court review;
(4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;
(5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and
(6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal vis its, telephone calls, and letters.
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JOURNAL OF THE SENATE

along with written notes that the plan will be made the older of Hie court unless, witlmi five days from the date the copy of the plan wat, leceived, they request a hearing before
tllfi COU.i't Kr FcVi^W tilfi |jlcill.
(e) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification serv ices which the court finds essential to reunification of the child with his or her family; specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of the court unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report.
(f) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a hearing to review the report and the determina tion that a plan for reunification services is not appropriate.
(g) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and
(2) A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81.
(h) At the hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Kesources that a reunifica tion plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether ter mination proceedings should be commenced.
(i) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to re unify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that:
(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; or
(3) Any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81.
(trXj) Except as otherwise provided by law, an order of disposition placing a deprived chiia in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 6 12 months after the

MONDAY, FEBRUARY 12, 1996

577

date of original placement with the department or until sooner terminated by the court. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement; and shall be conducted by the juvenile court judge, or by a properly designated referee or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether the division intends to proceed with the termination of parental rights at that time. If the division indicates that it does not in tend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and rec ommendations and those of the department, along with the department's proposed re vised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the pro posed revised plan in writing within five days after receiving a copy of such plan.
feXk) If no hearing is requested or scheduled by the court on its own motion, the court shaTT review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all ele ments that the court finds essential in the proposed revised plan tu athiuve i nullification. The judge's supplemental order shall be entered within a reasonable time from the con clusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
In the event that the citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such fail ure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the depart ment, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.
The court which made the order may extend its duration for not more than two years if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hear ing shall, after the making of appropriate findings of fact, determine the future status

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of the child including, but not limited to, whether the child should be returned to the parent(h) parent or parents, should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circum stances, be continued in foster care on a permanent or long-term basis and whether reunification services, if in effect, should be continued; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any deter mination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportu nity to be heard are given to the parties affected; and
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
(gXm) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the ap pointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportu nity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
(hXn) Except as provided in subsection (a) of this Code section, the court may terminate an w-der of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
frXo) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 2.
Said chapter is further amended by striking subparagraphs (b) (4) (B) and (b) (4) (C) of Code Section 15-11-81, relating to grounds for termination of parental rights, and inserting in their place new subparagraphs to read as follows:
"(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:
(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide ade quately for the physical, mental, emotional, or moral condition and needs of the child;
(ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating li quors or narcotic or dangerous drugs or controlled substances with the effect of ren dering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child;
(iii) Conviction of the parent of a felony and imprisonment therefor which has a de monstrable negative effect on the quality of the parent-child relationship;
(iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abu sive nature;

MONDAY, FEBRUARY 12, 1996

579

(v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and
(vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse.
(C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in deter mining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights:
(i) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner;
(ii) To provide for the care and support of the child as required by law or judicial decree; and
(iii) To comply with a court ordered plan designed to reunite the child with the par ent or parents."
SECTION 3.
Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (b) of Code Section 19-8-10, relating to when surrender or termination of parental rights is not required and service in such instances, and inserting in lieu thereof the following:
"(b) Surrender of rights of a parent pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13, if that parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifi able cause, has significantly failed:
(1) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; or
(2) To provide for the care and support of that child as required by law or judicial decree.
and the court is of the opinion that the adoption is for the best interests of that child."
SECTION 4.
Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 19-8-11, relating to petitions for termination of parental rights and service of process, and inserting in lieu thereof the following:
"(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where:
(A) The child has been abandoned by that parent;
(B) That parent of the child cannot be found after a diligent search has been made; or
(C) That parent is insane or otherwise incapacitated from surrendering such rights;; or
(D) That parent does not have physical custody of the child and, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed to communicate with the child in a meaningful, support ive, parental manner,
and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child."

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SECTION 5.
This Act shall become effective on July 1,1996, and shall apply with respect to proceedings pending on that date as well as proceedings filed on or after that date.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the Oliver and Land
substitute to SB 611 was adopted. Pursuant to Rule 143, action on SB 611 was suspended and the bill was placed on the
General Calendar.

SB 612. By Senators Boshears of the 6th and Johnson of the 1st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for procedures for the exercise of zoning pow er by coastal counties involving certain property located on salt-water islands; to provide for legislative findings and intent; to provide for definitions.
Senator Scott of the 36th moved that SB 612 be committed to the Rules Committee.
On the motion, the yeas were 32, nays 1; the motion prevailed, and SB 612 was com mitted to the Rules Committee.

SB 452. By Senator Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Athletic Train ers and Massage Therapists; to provide for definitions; to provide for members, officers, qualifications, duties, powers, authority, appointments, terms of office, oaths, and vacancies; to provide for meetings; to provide for quorums; to provide for records; to provide for rules and regulations; to provide for examinations.
Senator Thomas of the 10th moved that SB 452 be committed to the Rules Committee.
On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 452 was com mitted to the Rules Committee.

SB 422. By Senators Clay of the 37th and Thompson of the 33rd:

A bill to amend Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to powers of local governing authorities as to granting, refusal, suspen sion, or revocation of licenses, so as to provide that a municipal corporation is not authorized to require that licensees be residents of such municipal corpora tion; to authorize municipal corporations to require that licensees be residents of the counties in which such municipal corporations are located.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen
Broun of 46th Burton
Cheeks Clay

Crotts Dean Edge Egan
Gillis Glanton
Griffin Guhl

Harbison Hill Hooks James
Johnson of 2nd Johnson of 1st
Kemp Lamutt

MONDAY, FEBRUARY 12, 1996

581

Land Langford Madden Oliver Ray

Scott Slotin Stokes Tanksley Thomas

Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Cagle
Day

Farrow Gochenour Marable
McGuire

Newbill Pollard Ralston
Starr

Those not voting were Senators:

Brown of 26th Henson

Middleton Perdue

Ragan Taylor (excused)

On the passage of the bill, the yeas were 38, nays 12. The bill, having received the requisite constitutional majority, was passed.

SB 614. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and altera tions of buildings and other structures generally, so as to require that certain public and private facilities be equipped with restroom facilities at a ratio of three for women to every one for men; to provide for definitions; to provide for standards; to provide for rules and regulations.
The Senate Special Judiciary Committee offered the following substitute to SB 614:
A BILL
To be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and altera tions of buildings and other structures generally, so as to require that certain public and private facilities be equipped with restroom facilities at a ratio of three for women to every one for men; to provide for definitions; to provide for standards; to provide for rules and regulations; to provide for applicability; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to stan dards and requirements for construction and alterations of buildings and other structures generally, is amended by inserting a new Part 1A to read as follows:
"Part 1A
8-2-10.
As used in this part, the term: (1) 'Department' means the Department of Community Affairs. (2) 'Facility' or 'facilities' means sports and entertainment arenas; stadiums; community and convention halls; specialty event centers; and amusement facilities. (3) 'Substantial renovations' means the alteration, rehabilitation, or repair of an existing building which involves the total space of the entire building or expenditure of an amount which exceeds 50 percent of the replacement value of the entire building.

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8-2-11.

Facilities shall be equipped with sufficient temporary or permanent restrooms to meet the ration of three water closets and lavatories for women for each water closet or urinal and lavatory for men. Facilities shall conform to the state minimum fire safety standards promulgated by the Safety Fire Commissioner and shall be approved by the Department of Community Affairs in accordance with such standards.
8-2-12.

The department shall adopt, by regulation, standards with respect to all facilities. 8-2-13.

This part shall not apply to any facility which was under design on or before July 1, 1996, and which was under construction on or before January 1, 1997. This part shall also not apply to existing facilities for which substantial renovations were under design on or before July 1, 1996, and on which construction is begun on or before January 1, 1997.
8-2-14.

Any person violating this part shall be guilty of a misdemeanor."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Senator Marable of the 52nd offered the following amendment:
Amend the committee substitute to SB 614 as follows: strike on line 25 "; and amusement".
strike line 26.
Add on line 25 after "centers" a ".". On the adoption of the amendment, the yeas were 35, nays 0, and the Marable amend
ment to the committee substitute was adopted. Senator Johnson of the 1st offered the following amendment:
Amend the committee substitute to SB 614 by deleting lines 25 and 26 on page 1 and adding "halls that can accommodate 1000 or more persons according to the locally-adopted Building Code." and change "three" to "two" on page 1, line 6 and on line 3, page 2 and change "person" to "owner" on line 22, page 2. On the adoption of the amendment to the committee substitute, the President ordered
a roll call, and 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
Hooks
Johnson of 1st Lamutt Land
Langford Madden McGuire
Middleton
Newbill

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

MONDAY, FEBRUARY 12, 1996

583

Those voting in the negative were Senators:

Abernathy Black Brown of 26th Harbison Henson

Hill James Johnson of 2nd Kemp

Marable Starr Stokes Walker

Not voting were Senators Broun of the 46th and Taylor (excused).

On the adoption of the amendment, the yeas were 41, nays 13, and the Johnson amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears
Bowen Broun of 46th Brown of 26th Cheeks Day Dean Egan Farrow
Gillis Griffin Harbison Henson

Hill Hooks
James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable
McGuire Middleton Oliver

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

Those voting in the negative were Senators:

Balfour Black Blitch Burton Cagle

Clay Crotts Edge Glanton Gochenour

Guhl Land Newbill Ralston Tanksley

Not voting was Senator Taylor (excused).

On the passage of the bill, the yeas were 40, nays 15.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 640. By Senators Abernathy of the 38th, Oliver of the 42nd, Middleton of the 50th and Ralston of the 51st:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child rela tionship generally, so as to change the provisions relating to visitation rights of grandparents; to provide for the appointment of a guardian ad litem and for the duties of such guardian ad litem under certain circumstances; to provide for the appointment of a mediator and the duties of such a mediator under certain cir cumstances.

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The Senate Judiciary Committee offered the following substitute to SB 640:
A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child rela tionship generally, so as to change the provisions relating to visitation rights of grandpar ents; to provide for the appointment of a guardian ad litem and mediation under certain circumstances; to provide for a determination of the issue of grandparent visitation rights through mediation or by the court; to provide for the compensation of the guardian ad litem and mediator; 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 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, is amended by striking in its entirety Code Section 19-7-3, relating to visitation rights of grandparents, and inserting in lieu thereof a new Code Section 19-7-3 to read as follows:
"19-7-3.
(a) As used in this Code section, the term 'grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated.
(b) Any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the paren tal rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19.
(c) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights upon piuuf of special ciiuumhLaiice!i which make a showing that a failure to grant such visitation rights necessary to would be harmful to the child and otherwise not in the best iiiteiests interest of the child. There shall be no presumption in favor of visitation by any grandparent, and the omit shall have di&citition to deny such visitation rights. An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discre tion, may grant or deny; but such a petition shall not be filed more than once in any twoyear period.
(d) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court may:
(1) Appoint a guardian ad litem for the minor child; and
(2) Assign the issue of visitation rights of a grandparent for mediation.
(e) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparent's?'

MONDAY, FEBRUARY 12, 1996

585

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senators Edge of the 28th, Dean of the 31st, Oliver of the 42nd and others offered the following amendment:
Amend the committee substitute to SB 640 by adding on page 2 a new Section to be:

"SECTION 3.

This law shall become effective upon its signature by the Governor or otherwise as provided by law, whichever event first occurs."
On the adoption of the amendment, the yeas were 51, nays 0, and the Edge, Dean et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 49, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Not voting were Senators Glanton and Taylor (excused).

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Abernathy of the 38th moved that SB 640 be immediately transmitted to the House.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 640 was imme diately transmitted.

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JOURNAL OF THE SENATE

The following communication was received by the Secretary:
Feb. 12th
Dear Mr. Secretary,
I was unable to reach my machine while getting clarification on this bill SB 640. My vote would have been in the affirmative.
Thank you Is/ Senator Pam Glanton, 34th
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 committe on the part of the Senate on the following bill of the House:
HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Buck of the 135th and Coleman of the 142nd.
The following bill was taken up to consider House action thereto:
HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 1186 and appoint a Conference Committee.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Hooks of the 14th, Ray of the 19th and Walker of the 22nd.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 1:00 P.M., the President announced the Senate adjourned.

TUESDAY, FEBRUARY 13, 1996

587

Senate Chamber, Atlanta, Georgia Tuesday, February 13, 1996
Twenty-second Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1617. By Representatives Ray of the 128th, Randall of the 127th, Falls of the 125th and others:
A bill to amend an Act known as the "Macon Water Authority Act," so as to add a definition of the term "services, facilities, and commodities furnished".
HB 1629. By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to repeal certain provisions relating to the compensation of the chief magistrate of that court.
HB 1316. By Representatives Baker of the 70th, Orrock or the 56th and Bordeaux of the 151st:
A bill to amend Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain penalty provisions applicable to the offense of statutory rape; to provide for different penalties depending upon the ages of the perpetrator and victim.
HB 1330. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relat ing to teaching licenses; to change the provisions relating to renewal of licenses and provide for restoration and reissuance thereof.
HB 1493. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
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.

588

JOURNAL OF THE SENATE

HB 1403. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
HB 1454. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.
HB 1437. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that certain exotic animals are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition and provide for additional defini tions; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos.
HB 1290. By Representatives Jamieson of the 22nd, Breedlove of the 85th, Maddox of the 108th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain defini tion; to amend certain provisions relative to the applicability of such article.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
The following bills were introduced, read the first time and referred to committees:
SB 721. By Senators Turner of the 8th, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to specify qualifications and service level for certain personnel of the commissioner of banking and finance; to change pro visions relating to various fees which the Department of Banking and Finance may charge; to change provisions relating to payment of certain deposits of and checks payable to intestate deceased persons.
Referred to Committee on Banking and Financial Institutions.

TUESDAY, FEBRUARY 13, 1996

589

SB 722. By Senators Newbill of the 56th and Stokes of the 43rd:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to the election of members of local boards of education, so as to provide that a vacancy on the county board of education is created in each county when a member of the county board qualifies for nomination or election to any other elective governmental office.
Referred to Committee on Education.
SB 723. By Senator Middleton of the 50th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; to provide for an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 724. By Senators Bowen of the 13th, Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that such access shall be provided and funded through the GeorgiaNet Authori ty; to provide for rules and regulations.
Referred to Committee on Public Safety.
SB 725. By Senators Perdue of the 18th and Oliver of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that Article 4 of Chapter 18 of Title 50, relat ing to inspection of public records, shall not be applicable to certain data, records, information, computer software, or computer programs received by the GeorgiaNet Authority or created, produced, provided, sold, distributed, or li censed by the GeorgiaNet Authority.
Referred to Committee on State and Local Governmental Operations (General).
SB 726. By Senators Burton of the 5th, Oliver of the 42nd, Ray of the 19th and others:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring application for appeal, so as to provide for expedited consideration of appeals involving child custody; to provide for decisions within 90 days following specified events.
Referred to Committee on Judiciary.
SB 727. By Senators Burton of the 5th, Ray of the 19th, Edge of the 28th and others:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to the determination of child custody, so as to provide for consideration of evidence regarding emotional, physical, or psychological abuse; to authorize orders that visitation take place only under supervision; to provide for lifting such restriction upon visitation.
Referred to Committee on Judiciary.

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SB 728. By Senators Burton of the 5th, Ray of the 19th, Edge of the 28th and others:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases in which a notice of appeal has been filed, so as to provide for motions for specific applications of supersedeas and interim orders; to provide for the time for filing such motions and the time for ruling on such motions.
Referred to Committee on Judiciary.
SB 729. By Senators Burton of the 5th, Oliver of the 42nd, Ray of the 19th and others:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to change the juvenile court jurisdiction relating to child custody and child support.
Referred to Committee on Judiciary.
SB 730. By Senators Burton of the 5th, Oliver of the 42nd, Ray of the 19th and others:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Annotat ed, relating to training seminars for judges and associate judges exercising juve nile court jurisdiction, so as to change the training requirement for judges and associate juvenile court judges exercising juvenile jurisdiction; to provide a min imum period of specialized training dealing with child protection for judges and associate juvenile court judges.
Referred to Committee on Judiciary.
SR 554. By Senator Broun of the 46th:
A resolution creating the Senate Study Committee on Educators Technology Training.
Referred to Committee on Rules.
SR 555. By Senator Broun of the 46th:
A resolution creating the Educators Technology Training Commission; provid ing for the commission to undertake a comprehensive study and develop a com prehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and operation of the commission.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 383. By Representatives Mosley of the 171st, Byrd of the 170th, Walker of the 141st and others:
A bill to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for cer tain provisions in contracts with architects or other licensed individuals or enti ties for public school buildings.
Referred to Education Committee.

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591

HB 1266. By Representative Campbell of the 42nd:
A bill to amend Code Section 43-17-3 of the Official Code of Georgia Annotated, relating to registration of paid solicitors, so as to change certain requirements relating to the filing of a certified financial statement; to provide for a written accounting to the Secretary of State; to provide for information contained in such accounting.
Referred to Consumer Affairs Committee.
HB 1290. By Representatives Jamieson of the 22nd, Breedlove of the 85th, Maddox of the 108th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change a citation to a certain federal act; to amend a certain defini tion; to amend certain provisions relative to the applicability of such article.
Referred to Natural Resources Committee.
HB 1316. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain penalty provisions applicable to the offense of statutory rape; to provide for different penalties depending upon the ages of the perpetrator and victim.
Referred to Judiciary Committee.
HB 1330. By Representative Childers of the 13th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relat ing to teaching licenses; to change the provision relating to renewal of licenses and provide for restoration and reissuance thereof.
Referred to Health and Human Services Committee.
HB 1403. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
Referred to Finance and Public Utilities Committee.
HB 1437. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that certain exotic animals are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition and provide for additional defini tions; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos.
Referred to Agriculture Committee.

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HB 1454. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.
Referred to State and Local Governmental Operations Committee (General).

HB 1493. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
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.
Referred to Judiciary Committee.

HR 823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
Referred to Rules Committee.

HB 1617. By Representatives Ray of the 128th, Randall of the 127th, Falls of the 125th and Birdsong of the 123rd:
A bill to amend an Act known as the "Macon Water Authority Act," so as to add a definition of the term "services, facilities, and commodities furnished".
Referred to State and Local Governmental Operations Committee.

HB 1629. By Representative Smith of the 109th:

A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to repeal certain provisions relating to the compensation of the chief magistrate of that court.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 528. Do pass.

HB 1241. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

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593

Mr. President: The Committee on Insurance and Labor has had under consideration the following bill
of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation:
SB 658. Do pass by substitute.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1175. Do pass.

HB 1291. Do pass by substitute.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 712. Do pass.

HB 1118. Do pass.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 535. Do pass.

SR 455. Do pass.

SR 410. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consider
ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1533. Do pass as amended.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

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Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 150. Do pass by substitute.

SB 682. Do pass.

SB 480. Do pass.

HB 1169. Do pass as amended.

SB 481. Do pass.

SR 497. Do pass.

SB 674. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 19

SB 584

SB 645

SB 667

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Black
Boshears Bowen Broun of 46th Burton Cagle Cheeks
Crotts Day Dean
Edge
Egan Farrow

Gillis Glanton
Gochenour Griffin Harbison Henson Hill James
Johnson of 2nd Kemp Lamutt
Land
Langford

Madden Marable
McGuire Middleton Newbill Perdue Pollard Ralston
Scott Slotin Starr
Turner
Tysinger

Those not answering were Senators:

Abernathy Blitch Brown of 26th Clay Guhl Hooks (excused conferee)

Johnson of 1st Oliver Ragan Ray (presiding) Stokes

Tanksley Taylor Thomas Thompson Walker (excused conferee)

Senator Edge of the 28th moved that Senator Guhl of the 45th be excused due to ill ness. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Guhl was excused.
Senator Edge of the 28th moved that Senator Tanksley of the 32nd be excused due to the death of his father. On the motion the yeas were 34, nays 0; the motion prevailed, and Senator Tanksley was excused.
The following communications were filed with the Secretary:

I am here, but was off the floor.

2/13/96

/s/ Eric Johnson, 1st

TUESDAY, FEBRUARY 13, 1996

595

THE STATE SENATE Atlanta, Georgia 30334 MEMORANDUM TO: SECRETARY OF THE SENATE FROM: SENATOR HAROLD RAGAN, llth FEBRUARY 13, 1996 PLEASE NOTE IN THE JOURNAL I WAS LATE TO THIS MORNING'S SESSION BECAUSE MY AUTOMOBILE WAS BROKEN INTO AND I HAD TO TAKE CARE OF DETAILS PERTAINING TO THE THEFT AND DAMAGE.
Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Broun of the 46th introduced the chaplain of the day, Dr. Jon Appleton, pastor of First Baptist Church, Athens, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 553. By Senators Henson of the 55th, Newbill of the 56th and Oliver of the 42nd:
A resolution recognizing and commending the Atlanta Ruckus.
SR 558. By Senator Broun of the 46th:
A resolution commending the members of the Silver-Haired Legislature.
The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage:
SENATE LOCAL CONSENT CALENDAR Tuesday, February, 13, 1996
TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 1533 Pollard, 24th LINCOLN COUNTY
An Act to create a board of elections and registration for Lincoln County. (AMENDMENT)
The amendment to the following bill was put upon its adoption:
*HB 1533:
The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 1533 by adding between lines 19 and 20 on page 5 the following:
"(c) The judge of the Probate Court of Lincoln County acting as the superintendent of elections and the members of the county board of registrars serving in such capacity on the effective date of this Act shall continue to serve until the members of the board of elections and registration created under this Act are duly appointed and qualified."
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Burton Cagle Cheeks Day Dean Egan Farrow Gillis Glanton Gochenour

Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ralston Scott Slotin Stokes Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Black Blitch Boshears Brown of 26th Clay

Crotts Edge Griffin Guhl (excused) Hill Perdue Ragan

Ray (presiding) Starr Tanksley (excused) Taylor Thomas Thompson

On the passage of the local bill, the yeas were 36, nays 0.
The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Tuesday, February 13, 1996 TWENTY-SECOND LEGISLATIVE DAY

SB 611 Deprived Child Removed from Home--reunification services (Substitute) (Judy--42nd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 12, 1996.)

SB 620 Certain Counselors, Therapists--emergency exam of mentally ill (H&HS --55th)
SB 649 Civil War Historic Sites--Department of Natural Resources program for acquir ing, maintaining (Substitute) (Nat R--37th)
SB 555 Medical Care Savings Account and Trust Act--provide (Amendment) (I&L --27th)
SB 574 Motor Vehicle Sales Finance Act--redefine certain terms (Substitutes) (C Aff --33rd)
SB 693 Pardons and Paroles Board--supervision of persons in certain programs (Corr--31st)
SB 578 Forgery--penalty for sale of false identification to minor (Judy--37th)

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597

SR 444 Honorable Culver Kidd--placement of portrait (Rules--25th)

SR 430 African American Business Enterprise Day--proclaiming (Rules--35th)

SR 466 South Fulton County Legislative Day at Capitol--2/14/96 (Rules--35th)

SR 464 National Guard Day--declare 2/21/96 (Rules--15th)

SB 647 Health Maintenance Organizations (HMOs)--point of service option (I&L --12th)

SB 625 Bankruptcy--limit unspecified property exempted (S Judy--1st)

SR 433 Certain Power Generating Facility--urge Congress reject proposal to sell (Nat R--47th)
Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill of the Senate, having been read the third time and final action suspended on February 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 611. By Senators Oliver of the 42nd, Ray of the 19th and Perdue of the 18th:

A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to pro vision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain cus tody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable.

The substitute offered by Senator Oliver of the 42nd on February 12, as it appears in the Journal of February 12, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to 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:

Black Boshears Bowen Broun of 46th Burton Cagle Cheeks Day Dean Edge Egan Farrow Gillis Gochenour

Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Stokes Thomas Turner Tysinger Walker

Voting in the negative was Senator Glanton.

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Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th Clay

Crotts Griffin Guhl (excused) Ragan Ray (presiding)

Starr Tanksley (excused) Taylor Thompson

On the passage of the bill, the yeas were 41, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills were read the third time and put upon their passage:

SB 620. By Senator Henson of the 55th:

A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a licensed professional counselor or a marriage and family therapist to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of per sons who are mentally ill or alcoholic or drug dependent.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks
Crotts
Day Dean Edge Egan
Farrow Gillis

Glanton Gochenour Harbison
Henson Hill Hooks
James Johnson of 2nd
Johnson of 1st
Kemp Lamutt Land Langford
Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Stokes Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Blitch Clay

Griffin Guhl (excused) Ragan Ray (presiding)

Starr Tanksley (excused) Taylor Thompson

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 649. By Senator Clay of the 37th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Department of Natural Resources of a program for the acquisition, preservation, maintenance, and op eration of Civil War historic sites; to provide for the funding of such program.

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599

The Senate Natural Resources Committee offered the following substitute of SB 649:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to historic areas, so as to provide for the establishment and operation by the Civil War Commission of a program for the acquisition, preservation, maintenance, and operation of Civil War historic sites; to provide for the funding of such program; to create a special fund to be known as the "Civil War Historic Sites Acquisition and Preservation Fund"; to provide for the expenditure of moneys placed in such fund and the interest thereon; to provide for accounting and reports; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relat ing to registration and licensing of motor vehicles generally, so as to provide for the issu ance of Civil War historic sites motor vehicle license plates; to provide for additional charges for such license plates and the distribution of the proceeds thereof; to provide for the design, issuance, and transfer of such license plates, the ownership and use of the de signs therefor, and practices, procedures, and requirements relating thereto; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relat ing to general provisions relative to historic areas, is amended by adding, following Code Section 12-3-50.2, a new Code Section 12-3-50.3 to read as follows:
"12-3-50.3.
(a) The Civil War Commission, as established by Ga. L. 1993, p. 1952, shall establish a program for the acquisition, preservation, maintenance, and operation of Civil War his toric sites, including but not limited to battlefields, monuments, and other properties which are historically significant or important as being the location of events during the Civil War. To support such program, the Civil War Commission may, without limitation, promote and solicit voluntary contributions for such programs, is authorized to receive and administer funds raised through the sale of Civil War historic sites motor vehicle license plates as authorized by Code Section 40-2-50, or may employ any fund raising or other promotional techniques deemed appropriate by the Civil War Commission.
(b) There is established a special fund to be known as the 'Civil War Historic Sites Acqui sition and Preservation Fund.' This fund shall consist of all moneys contributed under subsection (a) of this Code section, all moneys transferred to the Civil War Commission under Code Section 40-2-50, any moneys appropriated to this fund by the General Assembly, and all interest on any such moneys. All balances in the fund shall be depos ited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The Civil War Commission shall administer the fund and may expend moneys held in the fund in fur therance of its Civil War historic sites acquisition and preservation programs and related educational and promotional projects. Contributions to the fund shall be deemed supple mental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The Civil War Commission shall prepare by February 1 of each year an accounting of the funds received and expended from the fund. The report shall be made available to the members of the Board of Natural Resources and to members of the public on request."
SECTION 2.
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-50 to read as follows:

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"40-2-50.
(a) In order to promote and financially benefit the acquisition, preservation, mainte nance, and operation of Civil War historic sites by the Civil War Commission, there shall be issued beginning January 1, 1997, special license plates promoting the Civil War his toric sites program of the Department of Natural Resources established pursuant to Code Section 12-3-50.3.
(b) The Civil War Commission shall design special distinctive license plates appropriate to promote Civil War historic sites in this state. The Civil War historic sites plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients shall receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) The design of the initial edition of the Civil War historic sites license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commis sioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.
(d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a Civil War historic sites license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for Civil War historic sites license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of Civil War historic sites license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be trans ferred to the Civil War Commission and shall be deposited in the Civil War Historic Sites Acquisition and Preservation Fund established by Code Section 12-3-50.3. Such funds shall be expended only for the purposes enumerated in Code Section 12-3-50.3.
(f) An applicant may request a Civil War historic sites license plate any time during the applicant's registration period. If a Civil War historic sites license plate is to replace a current valid license plate, the department shall issue the Civil War historic sites license plate with appropriate decals attached. When an applicant requests a Civil War historic sites license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees.
(g) If a vehicle owner to whom the department has issued a Civil War historic sites li cense plate acquires a replacement vehicle within the owner's registration period, the department shall authorize a transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42.

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601

(h) Civil War historic sites license plates shall be issued within 30 days of application."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Edge Egan Gillis
Glanton

Gochenour Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable
McGuire

Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Stokes Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th Clay

Farrow Griffin Guhl (excused) Land Ragan

Ray (presiding) Starr Tanksley (excused) Taylor Thompson

On the passage of the bill, the yeas were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following resolution was read and adopted:

SR 551. By Senator Henson of the 55th: A resolution commending TEAM Georgia.
Senator Henson of the 55th introduced a group from TEAM Georgia. The Calendar was resumed.

SB 555. By Senators Gochenour of the 27th and Glanton of the 34th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings Account and Trust Act"; to provide for short title; to provide for declaration of legislative intent; to provide for definitions; to provide for individual medical care savings accounts; to pro vide for medical care savings accounts; to provide for the maximum amount that may be deposited in a medical care savings account.

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Senator Gochenour of the 27th offered the following amendment:
Amend SB 555 by striking from line 3 of page 6 the following: "(19)",

and inserting in lieu thereof the following: "(14)".

By striking from line 17 of page 6 the following: "(20)",

and inserting in lieu thereof the following: "(15)".

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Slotin Starr Stokes Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th Clay

Guhl (excused) Ray (presiding) Scott

Tanksley (excused) Thompson

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President assumed the Chair. The following bill was taken up to consider the Conference Committee Report thereto:

HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.

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603

The Conference Committee report was as follows:
The Committee of Conference on HB 1186 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1186 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ George Hooks Senator, 14th District
/s/ Charles W. Walker Senator, 22th District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
/s/ Larry Walker Representative, 141st District
/s/ Thomas B. Buck, III Representative, 135th District

Conference Committee substitute to HB 1186:

A BILL
To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.
An Act providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the "General Appropriations Act" approved April 21,1995 (Ga. L. 1995, p. 1082), is further amended by striking everything following the enacting clause through Section 60, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1995, and ending June 30,1996, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $10,134,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1996.

PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly.................................. .$25,617,738 Personal Services--Staff ...................................... .$13,408,441 Personal Services--Elected Officials .............................. $3,784,003 Regular Operating Expenses .................................... $2,612,366 Travel--Staff.................................................... $91,500 Travel--Elected Officials ........................................... $7,000 Capital Outlay........................................................ $0 Per Diem Differential............................................ $588,000 Equipment ..................................................... $261,000 Computer Charges .............................................. $603,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $667,000 Per Diem, Fees and Contracts--Staff.............................. $108,970 Per Diem, Fees and Contracts--Elected Officials ................... $2,253,658 Photography..................................................... $95,000

604

JOURNAL OF THE SENATE

Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$25,617,738 State Funds Budgeted ........................................ .$25,617,738

Senate Functional Budgets Total Funds

Senate and Research Office

$ 3,892,923

Lt. Governor's Office

$

803,981

Secretary of the Senate's Office

$ 1,139,854

Total

$ 5,836,758

State Funds 3,892,923 803,981 1,139,854 5,836,758

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 10,136,252

Speaker of the House's Office

$

560,470

Clerk of the House's Office

$ 1,449,074

Total

$ 12,145,796

State Funds 10,136,252 560,470 1,449,074 12,145,796

Joint Functional Budgets Total Funds

Legislative Counsel's Office

2,556,899

Legislative Fiscal Office

2,225,462

Legislative Budget Office

995,528

Ancillary Activities

1,494,059

Budget Responsibility Oversight Committee

363,236

Total

7,635,184

State Funds 2,556,899 2,225,462 995,528 1,494,059 363,236 7,635,184

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials committees and employees of the General Assembly and each House thereof; for op erating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall
not be in violation of any law.

TUESDAY, FEBRUARY 13, 1996

605

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$18,664,008 Personal Services ............................................ .$15,578,433 Regular Operating Expenses ..................................... $568,520 Travel ......................................................... $614,650 Motor Vehicle Purchases ......................................... $137,535 Equipment ...................................................... $14,875 Real Estate Rentals ............................................. $869,790 Per Diem, Fees and Contracts ..................................... $69,850 Computer Charges .............................................. $658,230 Telecommunications ............................................. $152,125 Total Funds Budgeted ........................................ .$18,664,008 State Funds Budgeted ........................................ .$18,664,008

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch. ................................... .$78,549,681 Personal Services ............................................ .$11,092,959 Other Operating ............................................. .$65,704,049 Prosecuting Attorney's Council.................................. .$2,015,363 Council of Superior Court Judges ................................. $394,438 Judicial Administrative Districts ................................. $1,290,967 Georgia Magistrate Courts Training Council ....................... $148,098 Georgia Municipal Courts Training Council ......................... $14,450 Case Counting ................................................... $76,500 Board of Court Reporting ........................................ $139,869 Payment to Council of Magistrate Court Judges ..................... $25,835 Payment to Council of Probate Court Judges ........................ $20,450 Payment to Council of State Court Judges .......................... $12,050 Payment to Council of Superior Court Clerks ........................ $31,040 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $683,800 Total Funds Budgeted ........................................ .$81,949,868 State Funds Budgeted ........................................ .$78,549,681

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 6,242,021

Court of Appeals

$ 7,154,204

Superior Court

$ 60,167,174

Juvenile Court

$ 1,077,570

Institute of Continuing Judicial Education

$

711,007

Judicial Council

$ 1,806,322

State Funds

$ 5,570,675

$ 7,104,204

$ 57,553,333

$ 1,077,570

$

711,007

$ 1,741,322

606

JOURNAL OF THE SENATE

Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

217,718
3,000,000
1,344,703 229,149
81,949,868

217,718 3,000,000 1,344,703
229,149 78,549,681

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............. .$41,921,650
Personal Services ............................................ .$49,212,510 Regular Operating Expenses .................................. .$13,562,262 Travel ......................................................... $484,133 Motor Vehicle Purchases ......................................... $663,160 Equipment .................................................... $2,020,580 Computer Charges ............................................ $17,445,782 Real Estate Rentals ............................................ $3,540,623 Telecommunications ............................................ $2,896,435 Per Diem, Fees and Contracts ................................... $4,181,726 Rents and Maintenance Expense ................................ $11,792,750 Utilities.............................................................. $0 Payments to DOAS Fiscal Administration......................... $2,972,744 Direct Payments to Georgia Building Authority for Capital
Outlay ............................................................. $0 Direct Payments to Georgia Building Authority for
Operations ................................................... $781,972 Telephone Billings ............................................ $59,072,580 Radio Billings .................................................. $896,550 Materials for Resale ........................................... $27,000,000 Public Safety Officers Indemnity Fund............................. $650,000 Health Planning Review Board Operations .......................... $87,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$197,394,307 State Funds Budgeted ........................................ .$41,921,650

Departmental Functional Budgets Total Funds

Executive Administration

1,318,944

Departmental Administration

3,075,590

Statewide Systems

12,935,516

Space Management

521,505

Procurement Administration

3,051,174

General Services

599,180

Central Supply Services

21,066,445

Data Processing Services

46,164,552

Motor Vehicle Services

4,615,951

Communication Services

81,752,025

Printing Services

9,761,892

Surplus Property

2,598,736

Mail and Courier Services

1,281,707

Risk Management

3,601,297

State Funds 559,858
2,947,078 9,962,772
521,505 3,051,174
0 0 14,048,279 0 5,850,000 0 0 0 650,000

TUESDAY, FEBRUARY 13, 1996

607

State Properties Commission

$

485,878 S&

485,878

Distance Learning and Telemedicine

$

0 S5

0

Office of the Treasury

$ 1,079,064 i,|>

634,424

State Office of Administrative Hearings

$ 3,484,851 9& 3,210,682

Total

$ 197,394,307 $I 41,921,650

B. Budget Unit: Georgia Building Authority

........... $0

Personal Services .............................................$20,980,434

Regular Operating Expenses .................................... $5,096,676

Travel .......................................................... $12,000

Motor Vehicle Purchases ......................................... $314,000

Equipment ..................................................... $310,850

Computer Charges .............................................. $110,100

Real Estate Rentals .............................................. $15,071

Telecommunications ............................................. $176,933

Per Diem, Fees and Contracts .................................... $255,000

Capital Outlay........................................................ $0

Utilities....................................................... $9,000,000

Contractual Expense ............................................. $80,000

Facilities Renovations and Repairs ...................................... $0

Total Funds Budgeted ........................................ .$36,351,064

State Funds Budgeted ................................................. $0

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

Departmental Functional Budgets Total Funds

$ 1,626,249

$ 5,638,802

$ 4,640,092

$ 6,667,136

$

380,794

$ 4,005,645

$ 13,392,346

$

0

$

0

$ 36,351,064

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 5. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials ......... $117,064 Personal Services .............................................. $1,699,038 Regular Operating Expenses .................................... $1,643,300 Travel ......................................................... $268,000 Motor Vehicle Purchases .......................................... $50,000 Equipment ...................................................... $75,000 Computer Charges ................................................ $1,500 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $30,400 Per Diem, Fees and Contracts ................................... $1,700,000 Capital Outlay........................................................ $0 Utilities.............................................................. $0 Total Funds Budgeted .......................................... $5,467,238 State Funds Budgeted ........................................... $117,064

608

JOURNAL OF THE SENATE

Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture ........................ .$37,543,571
Personal Services .............................................$32,015,270 Regular Operating Expenses .................................... $4,530,070 Travel ......................................................... $959,114 Motor Vehicle Purchases ......................................... $626,192 Equipment ..................................................... $447,575 Computer Charges .............................................. $450,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $990,107 Market Bulletin Postage ......................................... $946,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,658,940 Poultry Veterinary Diagnostic Laboratories in Canton,
Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,535,464 Veterinary Fees ................................................. $412,000 Indemnities .................................................... $100,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $705,708 Payments to Georgia Development Authority ....................... $250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................................. $0 Capital Outlay........................................................ $0 Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ........................................ .$49,068,500 State Funds Budgeted ........................................ .$37,543,571

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 8,241,733 $ 7,460,733

Animal Industry

$ 15,576,681 $ 12,628,689

Marketing

$ 6,768,104 $ 3,093,104

Internal Administration

$ 6,443,897 $ 6,174,397

Fuel and Measures

$ 3,381,727 $ 3,252,027

Consumer Protection Field Forces

$ 8,074,143 $ 4,934,621

Seed Technology Total

$

582,215 $

0

$ 49,068,500 $ 37,543,571

B. Budget Unit: Georgia Agrirama Development Authority ................... $0 Personal Services ............................................... $867,358 Regular Operating Expenses ..................................... $173,980 Travel ........................................................... $5,500 Motor Vehicle Purchases .......................................... $12,700 Equipment ...................................................... $35,150 Computer Charges ................................................ $5,000 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,500 Per Diem, Fees and Contracts ...................................... $9,500 Capital Outlay.................................................. $140,000 Goods for Resale ................................................ $109,500 Total Funds Budgeted .......................................... $1,366,188 State Funds Budgeted ................................................. $0

TUESDAY, FEBRUARY 13, 1996

609

Section 7. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................... $9,237,778 Personal Services .............................................. $7,551,993 Regular Operating Expenses ..................................... $466,380 Travel ......................................................... $399,855 Motor Vehicle Purchases .......................................... $78,955 Equipment ....................................................... $6,800 Computer Charges .............................................. $312,033 Real Estate Rentals ............................................. $327,850 Telecommunications .............................................. $78,912
Per Diem, Fees and Contracts ..................................... $15,000 Total Funds Budgeted .......................................... $9,237,778
State Funds Budgeted .......................................... $9,237,778

Section 8. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$126,614,517 Personal Services ............................................ .$76,045,161 Regular Operating Expenses .................................... $7,222,195 Travel ......................................................... $893,360 Motor Vehicle Purchases ......................................... $293,990 Equipment ..................................................... $392,781 Computer Charges .............................................. $248,289 Real Estate Rentals ............................................ $1,690,876 Telecommunications ............................................. $904,505 Per Diem, Fees and Contracts ................................... $4,996,762 Utilities....................................................... $2,224,904 Institutional Repairs and Maintenance ............................ $569,330 Grants to County-Owned Detention Centers ....................... $3,715,495 Service Benefits for Children .................................. .$18,142,042 Purchase of Service Contracts ................................. .$13,080,930 Capital Outlay.................................................. $846,691 Total Funds Budgeted ....................................... .$131,267,311 State Funds Budgeted ....................................... .$126,614,517

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 30,027,446

Milledgeville State YDC

$ 14,382,009

Augusta State YDC

$ 9,758,770

Atlanta State YDC

$ 5,867,725

Macon State YDC

$ 5,554,542

Court Services

$ 15,888,883

Community Treatment Centers

$ 2,425,064

Day Centers

$

476,414

Group Homes

$ 1,049,780

Purchased Services

$ 32,996,695

Runaway Investigation/Interstate Compact

$ 1,002,375

Assessment and Classification

$

652,358

Youth Services Administration

$ 7,079,495

Multi-Service Centers

$ 4,105,755

Total

$ 131,267,311

State Funds

$ 28,510,079

$ 13,806,351

$ 9,101,481

$ 5,594,785

$ 5,288,761

$ 15,742,079

$ 2,425,064

$

476,414

$ 1,049,780

$ 32,169,740

$ 1,002,375

$

652,358

$ 7,079,495

$ 3,715,755

$ 126,614,517

610

JOURNAL OF THE SENATE

Section 9. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $38,983,882 Personal Services .............................................. $6,214,998 Regular Operating Expenses ..................................... $334,240 Travel ......................................................... $170,205 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $7,180 Computer Charges .............................................. $146,005 Real Estate Rentals ............................................. $513,430 Telecommunications .............................................. $49,090 Per Diem, Fees and Contracts .................................... $217,000 ARC Revolving Loan Fund ............................................. $0 Contracts for Regional Planning and Development ................. $2,272,825 Local Assistance Grants ....................................... $10,077,413 Appalachian Regional Commission Assessment ...................... $97,100 Community Development Block Grants(Federal) ................. .$30,000,000 National and Community Service Program ............................... $0 Payments to Music Hall of Fame Authority ........................ $774,059 Payments to Sports Hall of Fame ................................. $126,790 Local Development Fund......................................... $750,000 Payment to State Housing Trust Fund............................ $4,625,000 Payment to Georgia Housing Finance Authority ................... $4,607,000 Payment to Georgia Environmental Facilities Authority ............ $2,305,898 Regional Economic Business Assistance Grants .................... $7,000,000 Local Government Efficiency Grant Program ....................... $750,000 State Commission on National and Community Service .............. $216,138 Business Flood Disaster Recovery Program............................... $0 EZ/EC Administration ........................................... $225,000 Capital Felony Expenses ............................................... $0 Total Funds Budgeted ........................................ .$71,479,371 State Funds Budgeted ........................................ .$38,983,882

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 34,839,959

Planning, Information and Management Division

$ 3,880,669

Business and Financial Assistance Division

$ 32,758,743

Total

$ 71,479,371

State Funds $ 33,565,892
$ 3,707,663 $ 1,710,327 $ 38,983,882

Section 10. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation......... .$682,093,169
Personal Services ........................................... .$472,180,309 Regular Operating Expenses ................................... $55,884,874 Travel ........................................................ $2,202,700 Motor Vehicle Purchases ........................................ $3,128,720 Equipment .................................................... $4,498,745 Computer Charges ............................................. $5,530,990 Real Estate Rentals ........................................... .$5,986,101 Telecommunications ............................................ $6,930,550 Per Diem, Fees and Contracts ................................... $8,059,901 Capital Outlay.................................................. $234,450 Utilities..................................................... .$22,530,660 Court Costs ................................................... $1,600,000 County Subsidy .............................................. .$16,643,100

TUESDAY, FEBRUARY 13, 1996

611

County Subsidy for Jails ........................................ $7,508,207 County Workcamp Construction Grants.................................. $0 Central Repair Fund ........................................... $1,152,000 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $68,106,416 Payments to MAG for Health Care Certification ..................... $63,420 University of Georgia--College of Veterinary Medicine
Contracts .................................................... $366,244 Minor Construction Fund ........................................ $734,000 Total Funds Budgeted ....................................... .$690,538,247 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$682,093,169

Administration

Departmental Functional Budgets Total Funds
$ 79,878,104

State Funds $ 78,123,694

Institutions and Support

$ 500,030,837 $ 496,773,344

Probation

$ 110,629,306 $ 107,196,131

Total

$ 690,538,247 $ 682,093,169

B. Budget Unit: Board of Pardons and Paroles ...................... $40,994,832 Personal Services .............................................$32,806,024 Regular Operating Expenses .................................... $1,560,147 Travel ......................................................... $587,000 Motor Vehicle Purchases .......................................... $78,000 Equipment ..................................................... $271,000 Computer Charges .............................................. $313,200 Real Estate Rentals ............................................ $2,634,111 Telecommunications ............................................. $951,700 Per Diem, Fees and Contracts ................................... $1,118,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ........................................ .$40,994,832 State Funds Budgeted ........................................ .$40,994,832

Section 11. Department of Defense. Budget Unit: Department of Defense ............................... $4,694,610 Personal Services ..............................................$9,171,902 Regular Operating Expenses .................................... $6,644,215 Travel .......................................................... $29,375 Motor Vehicle Purchases .......................................... $15,791 Equipment ...................................................... $28,840 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $456,000 Capital Outlay........................................................ $0
Total Funds Budgeted ........................................ .$16,422,473 State Funds Budgeted .......................................... $4,694,610

612

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,421,624

Georgia Air National Guard

$ 5,078,563

Georgia Army National Guard

$ 9,922,286

Total

$ 16,422,473

State Funds

$ 1,288,020

$

332,380

$ 3,074,210

$ 4,694,610

Section 12. State Board of Education Department of Education.
A. Budget Unit: Department of Education Operations: ............ $3,779,245,189
Personal Services ............................................. $36,353,475
Regular Operating Expenses .................................... $6,319,446 Travel ........................................................ $1,518,118
Motor Vehicle Purchases ......................................... $139,665
Equipment ..................................................... $339,231 Computer Charges ............................................. $8,364,242 Real Estate Rentals ............................................ $1,521,366
Telecommunications ............................................ $1,323,661 Per Diem, Fees and Contracts .................................. $21,269,388 Utilities........................................................ $962,485
Capital Outlay........................................................ $0 QBE Formula Grants:
KindergartenXGrades 1--3 ................................... .$827,651,524 Grades 4--8 ................................................ .$779,316,673
Grades 9--12 ............................................... .$296,732,910 High School Laboratories ..................................... $180,409,249 Vocational Education Laboratories ............................ .$111,169,887 Special Education ........................................... .$329,549,291 Gifted ...................................................... .$48,746,103 Remedial Education ........................................... $73,351,312 Staff Development and Professional Development ................ .$32,199,664 Media .......................................................$95,532,367 Indirect Cost ............................................... .$627,252,894 Pupil Transportation ........................................ .$136,365,917 Local Fair Share ........................................... $(658,700,987)
Mid-Term Adjustment Reserve.................................. $77,462,514 Teacher Salary Schedule Adjustment.......................... .$149,218,645 Other Categorical Grants:
Equalization Formula ....................................... .$160,777,464 Sparsity Grants................................................ $3,341,971 In School Suspension .......................................... $22,166,686 Special Instructional Assistance ................................ $69,091,100 Middle School Incentive........................................ $70,986,887
Special Education Low-Incidence Grants ........................... $563,759 Limited English-Speaking Students Program ..................... $10,876,940 Non-QBE Grants:
Education of Children of Low-Income Families ................. .$179,775,843 Retirement (H.B. 272 and H.B. 1321)............................. $5,173,750 Instructional Services for the Handicapped ...................... .$54,732,103
Tuition for the Multi-Handicapped ............................... $1,546,207 Severely Emotionally Disturbed................................. $39,621,548
School Lunch (Federal) ...................................... .$188,375,722
School Lunch (State) ......................................... .$26,498,985
Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification ................... $2,005,097
Regional Education Service Agencies ............................. $8,899,461 Georgia Learning Resources System .............................. $3,528,045

TUESDAY, FEBRUARY 13, 1996

613

High School Program ........................................ . .$21,758,381 Special Education in State Institutions ........................... $4,782,130 Governor's Scholarships......................................... $2,818,424 Counselors .................................................... $6,661,809 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 Salaries and Travel of Public Librarians ......................... $11,803,272 Public Library Materials ........................................ $5,719,142 Talking Book Centers............................................ $992,239 Public Library M&O.......................................... $4,039,395 Child Care Lunch Program (Federal) ............................ $25,244,070 Chapter II--Block Grant Flow Through...........................$9,663,513 Payment of Federal Funds to Board of Technical and Adult
Education .................................................. $16,892,002 Education of Homeless Children/Youth ............................ $637,478 Innovative Programs ........................................... $1,690,215 Next Generation School Grants .................................. $2,443,700 Drug Free School (Federal).................................... .$11,625,943 At Risk Summer School Program ................................ $6,000,000 Emergency Immigrant Education Program ......................... $397,666 Title II Math/Science Grant (Federal)............................. $5,042,895 Robert C. Byrd Scholarship (Federal) .............................. $772,500 Health Insurance--Non-Cert. Personnel and Retired
Teachers ...................................................$99,047,892 Pre-School Handicapped Program ............................... $14,199,935 Mentor Teachers ............................................... $1,250,000 Advanced Placement Exams ............................................ $0 Serve America Program.......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,875,664 Alternative Programs......................................... .$12,394,075 Environmental Science Grants .................................... $100,000 Pay for Performance ............................................ $1,940,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $50,000 Technology Specialist......................................... .$12,827,367 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,323,503,741 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $3,779,254,189

Departmental Functional Budgets Total Funds

State Administration

$ 9,433,654

Instructional Services

$ 25,486,630

Governor's Honors Program

$ 1,246,565

Administrative Services

$ 17,897,753

Special Services

$ 6,242,899

Professional Practices Commission

$

955,902

Local Programs

$ 4,245,742,664

Georgia Academy for the Blind

$ 5,266,662

Georgia School for the Deaf

$ 6,046,724

Atlanta Area School for the Deaf

$ 5,184,288

Total

$ 4,323,503,741

State Funds

$ 7,048,848

$ 19,266,363

$ 1,159,121

$ 13,482,690

$ 2,730,341

$

955,902

$ 3,719,177,543

$ 4,949,611

$ 5,742,214

$ 4,741,556

$ 3,779,254,189

614

JOURNAL OF THE SENATE

B. Budget Unit: Lottery for Education............................ .$202,636,245 Pre-Kindergarten for 4-year-olds .............................. .$179,676,245 Applied Technology Labs ............................................... $0 Next Generation Schools ......................................... $500,000 Drug and Anti-Violence Education ...................................... $0 Alternative Programs........................................... $5,000,000 Educational Technology Centers .................................. $900,000 Distant Learning--Satellite Dishes...................................... $0 Model Technology Schools ........................................ $250,000 Capital Outlay............................................... .$11,950,000 Post Secondary Options ......................................... $1,200,000 Learning Logic Sites............................................ $1,000,000 Media Center/Library Equipment ................................ $2,160,000 Total Funds Budgeted ....................................... .$202,636,245 Lottery Funds Budgeted ..................................... .$202,636,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirementf System .............................. $0 Personal Services .............................................. $1,867,088 Regular Operating Expenses ..................................... $354,000 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,608 Computer Charges .............................................. $564,140 Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $39,231 Per Diem, Fees and Contracts ................................... $1,304,000 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,471,567 State Funds Budgeted ................................................. $0
Section 14. Forestry Commission. Budget Unit: Forestry Commission ................................ $36,458,648 Personal Services ............................................. $30,021,438 Regular Operating Expenses .................................... $5,931,099 Travel ......................................................... $159,937 Motor Vehicle Purchases ........................................ $1,313,670 Equipment .................................................... $1,757,312 Computer Charges .............................................. $416,000 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts .................................... $411,831 Ware County Grant ................................................... $0 Ware County Grant for Southern Forest World ...................... $30,000 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $241,752 Total Funds Budgeted ........................................ .$41,325,909 State Funds Budgeted ......................................... $36,458,648

Departmental Functional Budgets Total Funds

Reforestation

$ 1,777,188

Field Services

$ 35,453,642

General Administration and Support

$ 4,095,079

Total

$ 41,325,909

State Funds

$

26,304

$ 32,505,420

$ 3,926,924

$ 36,458,648

TUESDAY, FEBRUARY 13, 1996

615

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $46,667,108 Personal Services .............................................$33,795,416 Regular Operating Expenses .................................... $4,092,182 Travel ......................................................... $539,727 Motor Vehicle Purchases ......................................... $830,397 Equipment .................................................... $1,786,463 Computer Charges .............................................. $781,736 Real Estate Rentals ............................................ $2,083,323 Telecommunications ............................................. $892,081 Per Diem, Fees and Contracts ................................... $1,356,783 Evidence Purchased ............................................. $509,000 Capital Outlay.................................................. $460,000 Total Funds Budgeted ........................................ .$47,127,108 State Funds Budgeted ........................................ .$46,667,108

Departmental Functional Budgets Total Funds

Administration

$ 3,778,310

Investigative

$ 24,775,275

Georgia Crime Information Center

$ 8,654,070

Forensic Sciences

$ 9,919,453

Total

$ 47,127,108

State Funds $ 3,778,310 $ 24,315,275 $ 8,654,070 $ 9,919,453 $ 46,667,108

Section 16. Office of the Governor. Budget Unit: Office Of the Governor.............................. .$34,574,963
Personal Services ............................................. $15,717,791 Regular Operating Expenses .................................... $1,109,102 Travel ......................................................... $318,897 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $99,726 Computer Charges .............................................. $629,614 Real Estate Rentals ............................................ $1,019,100 Telecommunications ............................................. $386,878 Per Diem, Fees and Contracts ................................... $4,927,589 Cost of Operations ............................................. $3,512,745 Mansion Allowance............................................... $40,000 Governor's Emergency Fund..................................... $6,432,000 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,850,000 Art Grants of Non-State Funds ................................... $372,960 Humanities Grant--State Funds .................................. $130,600 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,189,700 Georgia Crime Victims Assistance Program ........................ $100,000 Grants to Local Systems ......................................... $684,400 Grants--Local EMA ............................................ $1,085,968 Grants--Other........................................................ $0 Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ........................................ .$42,123,045 State Funds Budgeted ........................................ .$34,574,963

616

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Governor's Office

$ 10,149,745

Office of Fair Employment Practices

$

993,023

Office of Planning and Budget

$ 7,882,873

Council for the Arts

$ 5,182,770

Office of Consumer Affairs

$ 3,396,223

Vocational Education Advisory Council

$

356,491

Georgia Informaiton Technology Policy Council $

354,600

Criminal Justice Coordinating Council

$ 1,351,302

Children and Youth Coordinating Council

$ 1,900,826

Human Relations Commission

$

320,864

Professional Standards Commission

$ 4,828,157

Georgia Emergency Management Agency

$ 5,179,611

Office of State Olympic Coordination

$

226,560

Total

$ 42,123,045

State Funds

$ 10,149,745

$

835,023

$ 7,782,873

$ 4,396,670

$ 3,396,223

$

89,065

354,600

$

411,983

$

547,826

$

320,864

$ 4,828,157

$ 1,235,374

$

226,560

$ 34,574,963

Section 17. Department of Human Resources.
A. Budget Unit: Departmental Operations ......................... $696,164,929 1. General Administration and Support Budget: Personal Services ............................................. $51,069,425 Regular Operating Expenses .................................... $2,309,688 Travel ........................................................ $1,357,311 Motor Vehicle Purchases ........................................ $1,691,555 Equipment ...................................................... $95,600 Real Estate Rentals ............................................ $4,828,364 Per Diem, Fees and Contracts ................................... $5,344,953 Computer Charges ............................................. $1,374,048
Telecommunications ............................................. $680,361 Special Purpose Contracts........................................ $254,000 Service Benefits for Children .................................. .$46,878,658 Purchase of Service Contracts .................................. $36,503,743 Institutional Repairs and Maintenance ............................. $73,440 Postage ........................................................ $995,980
Payments to DMA-Community Care ............................. $15,826,037 Grant-In-Aid to Counties......................................... $350,000 Grants to County DFACS Operations ............................... 741,211 Total Funds Budgeted ........................................ $170,374,374 Indirect DOAS Services Funding.................................. $412,600 State Funds Budgeted ....................................... .$107,264,884

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 6,058,409

Budget Administration

$ 2,149,712

Office of Children and Youth

$ 46,878,658

Administrative Support Services

$ 20,140,782

Facilities Management

$ 5,506,954

Regulatory Services--Program Direction and Support

$

832,591

State Funds $ 6,058,409 $ 2,149,712 $ 34,994,603 $ 18,497,628 $ 4,252,958

$

822,591

TUESDAY, FEBRUARY 13, 1996

617

Child Care Licensing

$ 3,074,934 $ 3,074,934

Health Care Facilities Regulation

$ 9,758,829 $ 4,218,726

Fraud and Abuse

$ 6,224,787 $ 2,319,475

Financial Services

$ 6,131,808 $ 5,931,808

Auditing Services

$ 1,847,154 $ 1,847,154

Personnel Administration

$ 1,770,049 $ 1,770,049

Indirect Cost

$

0 $ (8,355,268)

Public Affairs

$

523,853 $

523,853

Aging Services

$ 56,087,499 $ 27,453,952

State Health Planning Agency

$ 1,730,444 $ 1,650,444

DD Council

$ 1,657,911 $

53,856

Total

$ 170,374,374 $ 107,264,884

2. Public Health Budget:

Personal Services .............................................$53,353,548

Regular Operating Expenses ................................... $77,524,211

Travel ......................................................... $964,432

Motor Vehicle Purchases ............................................... $0

Equipment ..................................................... $127,851

Real Estate Rentals ............................................ $1,421,803

Per Diem, Fees and Contracts ................................... $5,191,465

Computer Charges ............................................. $1,205,962

Telecommunications ............................................ $1,238,831

Special Purpose Contracts........................................ $682,869

Purchase of Service Contracts ................................. .$13,106,950

Grant-ln-Aid to Counties ..................................... .$119,493,795

Institutional Repairs and Maintenance ............................. $34,500

Postage ........................................................ $124,731

Grants for Regional Maternal and Infant Care............................ $0

Medical Benefits ............................................... $4,978,469

Total Funds Budgeted ....................................... .$279,449,417

Indirect DOAS Services Funding.................................. $549,718

State Funds Budgeted ....................................... .$151,361,153

Departmental Functional Budgets Total Funds

District Health Administration

$ 12,564,340

Newborn Follow-Up Care

$ 1,295,984

Oral Health

$ 1,513,813

Stroke and Heart Attack Prevention

$ 2,601,837

Sickle Cell, Vision and Hearing

$ 4,303,429

High-Risk Pregnant Women and Infants

$ 5,505,221

Sexually Transmitted Diseases

$ 2,256,390

Family Planning

$ 10,084,152

Women, Infants and Children Nutrition

$ 82,463,644

Grant in Aid to Counties

$ 61,489,732

Children's Medical Services

$ 13,211,627

Emergency Health

$ 3,274,089

Primary Health Care

$ 1,880,145

State Funds

$ 12,434,665

$ 1,116,788

$ 1,191,638

$ 1,530,878

$ 3,888,424

$ 5,393,221

$

400,525

$ 5,415,855

$

0

$ 60,590,878

$ 6,605,813

$ 1,960,907

$ 1,735,982

618

JOURNAL OF THE SENATE

Epidemiology

$

495,945 $

345,955

Immunization

$

969,937 $

0

Community Tuberculosis CCoonnttrol

$ 6,658,655 $ 5,237,894

Family Health Management

$ 1,188,122 $

870,322

Infant and Child Health

$ 1,194,476 $

505,089

Maternal Health - Perinatal

$ 2,479,915 $

937,097

Chronic Disease

$

560,561 $

560,561

Diabetes

$

542,182 $

542,182

Cancer Control

$ 5,068,567 $ 5,068,567

Director's Office

$ 1,201,784 $ 1,004,559

Injury Control

$

251,815 $

50,635

Health Program Managemlent

$ 1,949,489 $ 1,949,489

Vital Records

$ 1,882,812 $ 1,653,133

Health Services Research

$ 2,569,979 $ 2,347,161

Environmental Health

$

872,038 $

682,965

Laboratory Services

$ 5,566,771 $ 5,446,771

Community Care

$ 4,136,288 $ 1,567,182

Community Health Manag;eemment

$

129,415 $

129,415

AIDS

$ 8,961,583 $ 4,432,831

Vaccines

$ 10,896,437 $ 1,870,754

Drug and Clinic Supplies

$ 3,316,626 $ 2,560,006

Adolescent Health

$ 3,157,960 $ 2,034,356

Public Health - Planning CCoouunnccils

$

177,529 $

160,032

Early Intervention

$ 12,776,128 $ 10,674,341

Public Health-Division Indirect Cost

$

0 $ (1,535,718)

Total 3.

$ 279,449,417 $ 151,361,153

Rehabilitation vices Budget:

Personal Senr

$75.340.932

Regular Operating Expenses ................................... $12,552,958

Travel ........................................................$1,218,988

Motor Vehicle Purchases .......................................... $83,000

Equipment ..................................................... $743,880

Real Estate Rentals ............................................ $4,676,391

Per Diem, Fees and Contracts ................................... $8,356,334

Computer Charges ............................................. $2,457,974

Telecommunications ............................................ $1,704,334

Case Services .................................................$25,249,433

E.S.R.P. Case Services ................................................. $0

Special Purpose Contracts........................................ $713,163

Purchase of Services Contracts ................................. $10,799,323

Institutional Repairs and Maintenance ............................ $215,000

Utilities........................................................ $937,269

Postage ........................................................ $817,786

Total Funds Budgeted ....................................... .$145,866,765

Indirect DOAS Services Funding.................................. $100,000

State Funds Budgeted ......................................... $24,217,831

TUESDAY, FEBRUARY 13, 1996

619

Departmental Functional Budgets Total Funds

State Funds

District Field Services

$ 49,164,050 $ 10,140,676

Independent Living

$

975,265 $

719,491

Sheltered Employment

$ 1,660,507 $

758,979

Community Facilities

$ 9,619,759 $ 3,639,056

State Rehabilitation Facilities

$ 7,214,594 $ 1,452,195

Diversified Industries of Georgia

$

809,166 $

0

Program Direction and Support

$ 4,117,040 $ 1,292,597

Grants Management

$

722,458 $

722,458

Disability Adjudication

$ 34,758,717 $

0

Georgia Factory for Blind

$ 12,514,975 $

827,513

Roosevelt Warm Springs Institute

$ 24,310,234 $ 4,664,866

Total 4.

$ 145,866,765 $ 24,217,831 Family and Children Services Budget: Personal Services .............................................$45,517,745 Regular Operating Expenses .................................... $4,732,739 Travel ......................................................... $961,917 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $400,080 Real Estate Rentals ............................................ $3,199,423 Per Diem, Fees and Contracts .................................. $19,519,509 Computer Charges ............................................ $27,758,670 Telecommunications ............................................ $9,664,964 Children's Trust Fund .......................................... $2,158,042 Cash Benefits................................................$421,905,209 Special Purpose Contracts....................................... $4,789,195 Service Benefits for Children ................................. .$203,382,509 Purchase of Service Contracts .................................. $15,912,456 Postage ....................................................... $4,734,156 Grants to County DFACS - Operations ........................ .$284,917,066 Total Funds Budgeted ...................................... $1,049,553,680 Indirect DOAS Services Funding................................. $2,565,582 State Funds Budgeted ....................................... .$413,321,061

Departmental Functional Budgets Total Funds

Director's Office

$

353,128

Social Services

$ 3,760,190

Administrative Support

$ 6,609,584

Quality Assurance

$ 3,858,011

Community Services

$ 11,794,184

Field Management

$ 1,159,982

Human Resources Management

$ 2,020,148

Public Assistance

$ 31,731,515

Employment Services

$ 1,574,927

Child Support Recovery

$ 61,945,007

AFDC Payments

$ 410,066,089

SSI--Supplemental Benefits

$

100

State Funds

$

353,128

$ 3,364,997

$ 5,385,210

$ 3,858,011

$

557,959

$ 1,159,982

$ 1,830,526

$ 13,983,389

$ 1,574,927

$ 4,834,840

$ 155,909,968

$

100

620

JOURNAL OF THE SENATE

Refugee Programs Energy Benefits County DFACS Operations--Eligibility County DFACS Operations--Social Services Food Stamp Issuance County DFACS Operations--Homemakers
Services County DFACS Operations--Joint and
Administration County DFACS Operations--Employability
Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach--Contracts Special Projects Children's Trust Fund Indirect Cost Total

2,799,420

9,893,600

113,919,026 $ 56,892,944

87,946,600 $ 31,527,769

3,190,752 $

0

$ 8,034,943 $ 2,456,667

$ 61,472,410 $ 31,294,234

13,544,087

28,898,186

3,190,503

32,960,883

$ 10,625,850

$ 5,825,175

$ 10,978,269

$ 11,544,785

$ 105,227,651

$

313,240

$ 2,157,393

$ 2,158,042

$

0

$ 1,049,553,680

5,211,640 11,695,177 2,420,990 21,575,631 8,329,504 4,901,767 8,237,408 7,408,642 32,696,098
156,620 1,907,591 2,158,042 (8,362,700) 413,321,061

Budget Unit Object Classes: Personal Services ........................................... .$225,281,650 Regular Operating Expenses ................................... $97,119,596 Travel ........................................................ $4,502,648 Motor Vehicle Purchases ........................................ $1,774,555 Equipment .................................................... $1,367,411 Real Estate Rentals ........................................... $14,125,981 Per Diem, Fees and Contracts .................................. $38,412,261 Computer Charges ............................................ $32,796,654 Telecommunications ........................................... $13,288,490 Case Services................................................ .$25,249,433 E.S.R.P. Case Services ................................................. $0 Children's Trust Fund .......................................... $2,158,042 Cash Benefits................................................$421,905,209 Special Purpose Contracts....................................... $6,439,227 Service Benefits for Children ................................. .$250,261,167 Purchase of Service Contracts .................................. $76,322,472 Grant-in-Aid to Counties ..................................... .$119,843,795 Institutional Repairs and Maintenance ............................ $322,940 Utilities........................................................ $937,269 Postage ....................................................... $6,672,653 Payments to DMA-Community Care ............................. $15,826,037 Grants for Regional Maternal and Infant Care............................ $0 Grants to County DFACS--Operations ........................ .$285,658,277 Medical Benefits ............................................... $4,978,469

TUESDAY, FEBRUARY 13, 1996

621

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions ................................... .$499,734,301 Personal Services ............................................$363,934,733 Operating Expenses ........................................... $62,122,580 Motor Vehicle Equipment Purchases .............................. $882,000 Utilities ..................................................... .$12,347,036 Major Maintenance and Construction............................. $2,021,190 Community Services......................................... .$271,496,388 Total Funds Budgeted ....................................... .$712,803,927 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ........................................ $499,734,301

Departmental Functional Budgets Total Funds

Southwestern State Hospital

40,535,746

Brook Run

33,247,324

Georgia Mental Health Institute

27,520,671

Georgia Regional Hospital at Augusta

22,342,415

Northwest Regional Hospital at Rome

28,319,217

Georgia Regional Hospital at Atlanta

29,740,526

Central State Hospital

145,072,001

Georgia Regional Hospital at Savannah

19,422,238

Gracewood State School and Hospital

51,647,048

West Central Regional Hospital

19,802,063

Outdoor Therapeutic Programs

3,846,635

Metro Drug Abuse Centers

1,662,565

Community Mental Health Services

123,236,827

Community Mental Retardation Services

100,803,077

Community Substance Abuse Services

51,209,127

State Administration

10,062,326

Regional Administration

4,334,121

Total

712,803,927

State Funds $ 25,357,896 $ 14,537,996 $ 25,602,869 $ 20,455,523 $ 20,856,482 $ 25,185,535 $ 85,125,238 $ 17,740,917 $ 22,323,512 $ 17,015,824 $ 2,937,700 $ 1,467,065 $ 117,017,087 $ 64,487,746 $ 28,683,287 $ 6,753,151 $ 4,186,473 $ 499,734,301

Section 18. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism ........... $28,367,568 Personal Services .............................................. $9,297,710 Regular Operating Expenses .................................... $1,621,170 Travel ......................................................... $347,500 Motor Vehicle Purchases .......................................... $59,978 Equipment ..................................................... $137,872 Computer Charges .............................................. $149,938 Real Estate Rentals ............................................ $1,024,915 Telecommunications ............................................. $336,000 Per Diem, Fees and Contracts ................................... $1,417,010 Local Welcome Center Contracts .................................. $181,600 Marketing. .................................................. .$10,859,580 Georgia Ports Authority Lease Rentals ........................... $1,240,000 Foreign Currency Reserve .......................... ....'........... $74,095 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ................................. $0

622

JOURNAL OF THE SENATE

Georgia World Congress Center.................................. $2,500,000 Total Funds Budgeted ........................................ .$29,297,368 State Funds Budgeted ......................................... $28,367,568

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 17,947,679 $ 4,516,599 $ 1,694,389 $ 5,138,701 $ 29,297,368

State Funds $ 17,327,879 $ 4,416,599 $ 1,694,389 $ 4,928,701 $ 28,367,568

Section 19. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,788,518 Personal Services .............................................$13,982,959 Regular Operating Expenses ..................................... $722,723 Travel ......................................................... $401,560 Motor Vehicle Purchases ......................................... $145,850 Equipment ...................................................... $66,880 Computer Charges .............................................. $442,990 Real Estate Rentals ............................................. $806,814 Telecommunications ............................................. $317,300 Per Diem, Fees and Contracts .................................... $208,242 Health Care Utilization Review ......................................... $0 Total Funds Budgeted ........................................ .$17,095,318 State Funds Budgeted ......................................... $15,788,518

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,263,447

Insurance Regulation

$ 6,820,532

Industrial Loans Regulation

$

551,813

Fire Safety and Mobile Home Regulations

$ 5,459,526

Total

$ 17,095,318

State Funds

$ 4,263,447

$ 6,820,532

$

551,813

$ 4,152,726

$ 15,788,518

Section 20. Department of Labor. Budget Unit: Department of Labor ................................. $7,942,762 Personal Services ............................................. $68,510,067 Regular Operating Expenses .................................... $7,424,929 Travel ........................................................ $1,346,137 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $844,965 Computer Charges ............................................. $7,151,101 Real Estate Rentals ............................................ $2,150,518 Telecommunications ............................................ $1,343,288 Per Diem, Fees and Contracts (JTPA) ........................... $66,500,000 Per Diem, Fees and Contracts ................................... $3,164,280 W.I.N. Grants ........................................................ $0 Payments to State Treasury ..................................... $1,774,079 Capital Outlay................................................. $3,685,000 Total Funds Budgeted ....................................... .$163,894,364 State Funds Budgeted .......................................... $7,942,762

TUESDAY, FEBRUARY 13, 1996

623

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,192,936

Employment and Training Services

$ 134,701,428

Total

$ 163,894,364

State Funds $ 5,421,641 $ 2,521,121 $ 7,942,762

Section 21. Department of Law. Budget Unit: Department of Law ................................. $12,248,879 Personal Services ............................................ .$11,046,739
Regular Operating Expenses ..................................... $610,488 Travel ......................................................... $129,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $65,240 Computer Charges .............................................. $360,793 Real Estate Rentals ............................................. $504,813 Telecommunications ............................................. $140,424
Per Diem, Fees and Contracts .................................... $150,000
Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$13,154,819 State Funds Budgeted ........................................ .$12,248,879

Section 22. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,193,239,526
Personal Services ............................................. $14,972,985 Regular Operating Expenses .................................... $4,937,733 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $39,500 Computer Charges ............................................ $27,341,065 Real Estate Rentals ............................................. $885,000 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts ................................. .$67,660,024 Medicaid Benefits, Penalties and Disallowances................ $3,314,513,242 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,431,735,449 State Funds Budgeted ...................................... $1,193,239,526

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,363,627 $

137,553

Benefits, Penalties and Disallowances

$ 3,314,513,242 $ 1,169,667,726

Long Term Care

$ 1,326,155 $

511,907

Systems Management

$ 34,166,842 $ 10,570,417

Professional Services

$ 2,447,208 $ 1,030,359

Maternal and Child Health

$ 1,273,239 $

524,982

Reimbursement Services

$ 9,455,504 $ 4,649,213

General Administration

$ 59,525,078 $ 2,359,286

Managed Care

$ 2,673,554 $ 1,292,583

Legal and Regulatory

$ 4,991,000 $ 2,495,500

Total

$ 3,431,735,449 $ 1,193,239,526

B. Budget Unit: Indigent Trust Fund ............................ .$146,300,000 Per Diem, Fees and Contracts ................................... $7,860,216

624

JOURNAL OF THE SENATE

Benefits.....................................................$377,139,784 Total Funds Budgeted ........................................ $385,000,000 State Funds Budgeted ....................................... .$146,300,000

Section 23. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration .................... $0 Personal Services .............................................. $8,636,124 Regular Operating Expenses .................................... $1,895,430 Travel .......................................................... $91,512 Equipment ...................................................... $14,161 Real Estate Rents ............................................... $921,758 Per Diem, Fees and Contracts ................................ .$159,320,065 Computer Charges ............................................. $3,275,673 Telecommunications ............................................. $427,123 Health Insurance Payments .................................. .$858,178,798 Total Funds Budgeted ...................................... $1,032,760,644 Other Agency Funds............................................. $142,256 Agency Assessments........................................... $11,875,396 Employee and Employer Contributions ....................... $1,020,494,396 Deferred Compensation .......................................... $248,596 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 3,054,925

Applicant Services

$ 2,587,089

Classification and Compensation

$ 1,363,169

Flexible Benefits

$ 1,177,099

Employee Training and Development

$ 1,301,859

Health Insurance Administration

$ 1,019,564,515

Accounting and Audits

$ 1,160,976

Administration and Systems

$ 2,551,012

Total

$ 1,032,760,644

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................. $93,712,593 Personal Services ............................................. $72,183,553 Regular Operating Expenses .................................. .$15,298,661 Travel ......................................................... $534,533 Motor Vehicle Purchases ........................................ $2,469,914 Equipment .................................................... $2,532,611 Real Estate Rentals ............................................ $2,581,324 Per Diem, Fees and Contracts ................................... $3,110,758 Computer Charges .............................................. $864,113 Telecommunications ............................................ $1,259,868 Authority Lease Rentals .......................................... $40,000 Advertising and Promotion ....................................... $300,000 Cost of Material for Resale ...................................... $2,645,300
Capital Outlay: New Construction ............................................... $943,810 Repairs and Maintenance ....................................... $2,719,500 Land Acquisition Support ........................................ $225,000 Wildlife Management Area Land Acquisition ....................... $800,000 Shop Stock - Parks .............................................. $350,000

TUESDAY, FEBRUARY 13, 1996

625

User Fee Enhancements ........................................ $1,300,000 Buoy Maintenance ............................................... $35,000 Waterfowl Habitat .................................................... $0 Paving at State Parks and Historic Sites........................... $500,000 Grants: Land and Water Conservation .................................... $800,000 Georgia Heritage 2000 Grants .................................... $270,000 Recreation .................................................... $1,025,000 Contracts: Paralympic Games ............................................. $1,500,000 Technical Assistance Contract .................................... $106,513 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $279,545 U.S. Geological Survey for Ground Water Resources ................. $300,000 U.S. Geological Survey for Topographic Mapping.......................... $0 Payments to Civil War Commission .................................. $31,000 Hazardous Waste Trust Fund ................................... .$11,512,235 Solid Waste Trust Fund .......................................... $5,276,344 Payments to Georgia Agricultural Exposition Authority............... $2,281,543 Payments to Mclntosh County ...................................... $100,000 Georgia Boxing Commission .......................................... $7,000 Total Funds Budgeted ......................................... .$134,353,172 Receipts from Jekyll Island State Park Authority ..................... $888,185 Receipts from Stone Mountain Memorial Association ................. $3,809,517 Receipts from Lake Lanier Islands Development Authority........... .$2,663,931 Receipts from North Georgia Mountain Authority .................... $1,422,256 Indirect DOAS Funding............................................ $200,000 State Funds Budgeted .......................................... .$93,712,593

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

4,884,646 $ 4,884,646

Program Support

2,555,848 $ 2,555,848

Historic Preservation

2,351,344 $ 1,861,344

Parks, Recreation and Historic Sites

41,867,320 $ 16,259,854

Coastal Resources

2,430,445 $ 2,309,936

Wildlife Resources

35,290,759 $ 30,546,338

Environmental Protection

43,733,688 $ 34,055,505

Pollution Prevention Program

1,239,122 $ 1,239,122

Total

134,353,172 $ 93,712,593

B.

ithoritv .................... $0

Personal Services .............................................. $2,281,819

Regular Operating Expenses .................................... $1,774,578

Travel .......................................................... $21,059

Motor Vehicle Purchases .......................................... $12,000

Equipment ...................................................... $85,000

Computer Charges ............................................... $15,000

Real Estate Rentals ................................................... $0

Telecommunications .............................................. $38,000

Per Diem, Fees and Contracts .................................... $645,000

Capital Outlay........................................................ $0

Total Funds Budgeted .......................................... $4,872,456

State Funds Budgeted ................................................. $0

626

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,872,456

State Funds

$

0

Section 25. Department of Public Safety.
A. Budget Unit: Department of Public Safety ..................... .$100,084,190 1. Operations Budget:
Personal Services ............................................. $59,382,404
Regular Operating Expenses .................................... $7,805,450 Travel ......................................................... $132,617
Motor Vehicle Purchases ........................................ $4,093,430 Equipment ..................................................... $515,752
Computer Charges ............................................. $3,701,067
Real Estate Rentals ............................................ $2,773,116
Telecommunications ............................................ $1,418,147
Per Diem, Fees And Contracts .................................... $494,086
State Patrol Posts Repairs and Maintenance ....................... $150,000 Capital Outlay........................................................ $0
Conviction Reports .................................................... $0 Total Funds Budgeted ........................................ .$80,466,069
Indirect DOAS Service Funding..................................$1,650,000
State Funds Budgeted ........................................ .$78,816,069 2. Driver Services Budget:
Personal Services ............................................. $16,698,371 Regular Operating Expenses .................................... $1,737,262 Travel .......................................................... $21,800 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $119,077 Computer Charges .............................................. $137,000 Real Estate Rentals .............................................. $53,108 Telecommunications ............................................. $618,853 Per Diem, Fees and Contracts ..................................... $62,500 Capital Outlay........................................................ $0
Conviction Reports .............................................. $300,150 State Patrol Posts Repairs and Maintenance ........................ $30,000 Driver License Processing ....................................... $1,490,000 Total Funds Budgeted ........................................ .$21,268,121 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ........................................ .$21,268,121

Departmental Functional Budgets Total Funds

State Funds

Administration Driver Services

$ 21,823,257 $ 20,323,257 $ 21,268,121 $ 21,268,121

Field Operations Total

$ 58,642,812 $ 58,492,812 $ 101,734,190 $ 100,084,190

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$14,635,111 Attached Units Budget: Personal Services .............................................. $8,183,176 Regular Operating Expenses .................................... $2,770,007 Travel ......................................................... $113,799 Motor Vehicle Purchases .......................................... $72,536 Equipment ..................................................... $263,728 Computer Charges .............................................. $187,762

TUESDAY, FEBRUARY 13, 1996

627

Real Estate Rentals ............................................. $169,001 Telecommunications ............................................. $164,171 Per Diem, Fees and Contracts .................................... $757,341 Highway Safety Grants ......................................... $2,846,425 Peace Officers Training Grants .................................. $3,705,160 Capital Outlay........................................................ $0 Total Funds Budgeted ........................................ .$19,233,106 State Funds Budgeted ........................................ .$14,635,111

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,530,970

Georgia Peace Officers Standards and Training $ 5,703,163

Police Academy

$ 1,390,494

Fire Academy

$ 1,212,250

Georgia Firefighters Standards and Training Council

$

444,494

Georgia Public Safety Training Facility

$ 6,951,735

Total

$ 19,233,106

State Funds

$

318,130

$ 5,703,163

$ 1,075,339

$ 1,092,250

$

444,494

$ 6,001,735

$ 14,635,111

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System.......... .$13,315,000 Payments to Employees' Retirement System........................ $575,000 Employer Contributions........................................ $12,740,000 Total Funds Budgeted ........................................ .$13,315,000 State Funds Budgeted ........................................ .$13,315,000

Section 27. Public Service Commission. Budget Unit: Public Service Commission............................ $8,707,763 Personal Services .............................................. $7,033,660 Regular Operating Expenses ..................................... $666,030 Travel ......................................................... $256,756 Motor Vehicle Purchases ......................................... $103,000 Equipment ...................................................... $44,621 Computer Charges .............................................. $425,899 Real Estate Rentals ............................................. $331,039 Telecommunications ............................................. $134,962 Per Diem, Fees and Contracts ................................... $2,101,460 Total Funds Budgeted ......................................... $11,097,427 State Funds Budgeted .......................................... $8,707,763

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,922,754 $ 4,005,868 $ 5,168,805 $ 11,097,427

State Funds $ 1,922,754 $ 1,820,018 $ 4,964,991 $ 8,707,763

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................ $1,080,833,474
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,155,881,143 Sponsored Operations ....................................... .$202,917,763
Operating Expenses:

628

JOURNAL OF THE SENATE

Educ., Gen., and Dept. Svcs .................................. .$289,713,286 Sponsored Operations ....................................... .$145,787,679
Special Funding Initiative...................................... $15,229,094 Office of Minority Business Enterprise ............................. $994,628 Student Education Enrichment Program ........................... $364,360
Forestry Research............................................... $362,508 Research Consortium ........................................... $5,000,000 Capital Outlay........................................................ $0
Total Funds Budgeted ...................................... $1,816,250,461 Departmental Income.......................................... $42,000,000
Sponsored Income ........................................... .$348,705,442
Other Funds.................................................$341,684,245 Indirect DOAS Services Funding................................. $3,027,300
State Funds Budgeted ...................................... $1,080,833,474
B. Budget Unit: Regents Central Office and Other Organized
Activities..................................................... .$169,833,145
Personal Services:
Educ., Gen., and Dept. Svcs .................................. .$262,153,399 Sponsored Operations ......................................... $69,874,000
Operating Expenses:
Educ., Gen., and Dept. Svcs ................................... $126,595,678
Sponsored Operations ......................................... $38,184,000
Fire Ant and Environmental Toxicology Research ......................... $0 Agricultural Research .......................................... $2,392,532 Advanced Technology Development Center ........................ $1,979,060
Capitation Contracts for Family Practice Residency ................ $3,548,759 Residency Capitation Grants .................................... $2,484,870 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant.................................... $6,619,012 Morehouse School of Medicine Grant ............................. $5,549,778 Capital Outlay................................................... $35,000 Center for Rehabilitation Technology ............................. $2,072,196
SREB Payments ............................................... $5,352,800 Medical Scholarships ........................................... $1,347,852 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,034,952 CRT Inc. Contract at Georgia Tech Research Institute ............... $219,372 Direct Payments to the Georgia Public Telecommunications
Commission for Operations ................................... $14,227,443 Total Funds Budgeted ....................................... .$544,617,103 Departmental Income.................................................. $0
Sponsored Income ........................................... .$109,330,000 Other Funds.................................................$264,898,258 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$169,833,145

Regents Central Office and Other Organized Activities Total Funds

Marine Resources Extension Center

$ 1,962,984 $

Skidaway Institute of Oceanography

$ 3,923,849 $

Marine Institute

$ 1,388,994 $

Georgia Tech Research Institute

$ 116,731,291 $

Education Extension Services

$ 10,733,002 $

Agricultural Experiment Station

$ 56,986,775 $

State Funds 1,345,184 1,532,120 988,994 13,708,799 2,547,910
36,398,122

TUESDAY, FEBRUARY 13, 1996

629

Cooperative Extension Service

$ 47,668,561 $ 29,856,244

Medical College of Georgia Hospital and Clinics $ 245,207,899 $ 31,697,885

Veterinary Medicine Experiment Station

$ 2,781,531 $ 2,781,531

Veterinary Medicine Teaching Hospital

$ 2,746,641 $

512,595

Joint Board of Family Practice

$ 23,745,701 $ 23,745,701

Georgia Radiation Therapy Center

$ 2,920,000 $

0

Athens and Tifton Veterinary Laboratories

$ 3,121,122 $

121,122

Regents Central Office

$ 24,698,753 $ 24,596,938

Office of Technology Policy

$

0$

0

Total

$ 544,617,103 $ 169,833,145

C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $8,428,471 Operating Expenses ........................................... $17,358,307 Total Funds Budgeted ......................................... $25,786,778 Other Funds................................................. .$25,786,778 State Funds Budgeted ................................................. $0
D. Budget Unit: Lottery for Education ............................ .$71,947,611 Equipment, Technology and Construction Trust Fund ............ ,$18,000,000 Capital Outlay--Georgia Military College ......................... $3,500,000 Capital Outlay--Georgia College .................................. $300,000 Georgia Research Alliance...................................... $27,494,000 Capital Outlay--Albany State College ............................ $3,639,611 Capital Outlay--State Library and Museum ............................. $0 Special Funding Initiatives ..................................... $12,514,000 Mercer Medical School Grant--Equipment ............................... $0 Morehouse School of Medicine Grant--Equipment ........................ $0 Capital Outlay................................................. $5,000,000 Capital Outlay--Agricultural Experiment Stations ................. $1,500,000 Total Funds Budgeted ........................................ .$71,947,611 Lottery Funds Budgeted ...................................... .$71,947,611

Section 29. Department of Revenue.
Budget Unit: Department of Revenue.............................. $99,667,590 Personal Services .............................................$57,732,635 Regular Operating Expenses .................................... $5,716,320 Travel ........................................................ $1,382,540 Motor Vehicle Purchases ......................................... $195,470
Equipment ..................................................... $950,220 Computer Charges ............................................ $14,312,520 Real Estate Rentals ............................................ $2,830,695 Telecommunications ............................................ $3,086,805 Per Diem, Fees and Contracts .................................... $575,300 County Tax Officials/Retirement and FICA ........................ $3,358,795 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals ................................ .$10,349,350
Postage ....................................................... $3,877,810 Total Funds Budgeted ....................................... .$104,368,460
Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ........................................ .$99,667,590

630

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,766,152

Internal Administration

$ 12,161,490

Electronic Data Processing

$ 11,859,960

Field Services

$ 18,373,213

Income Tax Unit

$ 8,114,485

Motor Vehicle Unit

$ 26,756,357

Central Audit Unit

$ 7,622,439

Property Tax Unit

$ 4,490,993

Sales Tax Unit

$ 4,193,189

State Board of Equalization

$

46,000

Taxpayer Accounting

$ 3,984,182

Total

$ 104,368,460

State Funds

$ 6,766,152

$ 12,011,490

$ 10,844,760

$ 18,073,213

$ 74,741,485

$ 25,456,357

$ 7,622,439

$ 3,435,123

$ 3,953,389

$

46,000

$ 3,984,182

$ 99,667,590

Section 30. Secretary of State. A. Budget Unit: Secretary of State .............................. .$29,226,341 Personal Services .............................................$17,482,681 Regular Operating Expenses .................................... $4,337,106 Travel ......................................................... $243,800 Motor Vehicle Purchases ......................................... $105,510 Equipment ...................................................... $93,840 Computer Charges ............................................. $2,573,043 Real Estate Rentals ............................................ $2,462,246 Telecommunications ............................................. $957,367 Per Diem, Fees and Contracts ................................... $1,315,748 Election Expenses ............................................... $700,000 Total Funds Budgeted ........................................ .$30,271,341 State Funds Budgeted ......................................... $29,226,341

Departmental Functional Budgets Total Funds

State Funds

Internal Administration Archives and Records

$ 3,680,132 $ 3,650,132 $ 5,111,689 $ 5,036,689

Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics

$ 5,035,065 $ 4,265,065 $ 4,786,357 $ 4,766,357 $ 1,144,112 $ 1,144,112

State Ethics Commission

$

382,802 $

382,802

State Examining Boards Holocaust Commission Total

$ 10,061,184 $ 9,911,184

$

70,000 $

70,000

$ 30,271,341 $ 29,226,341

B. Budget Unit: Real Estate Commission

$2,149,663

Personal Services .............................................. $1,266,704

Regular Operating Expenses ..................................... $157,100

Travel .......................................................... $15,000

Motor Vehicle Purchases .......................................... $23,000

Equipment ...................................................... $10,631

Computer Charges .............................................. $335,622

Real Estate Rentals ............................................. $165,300

Telecommunications .............................................. $41,556

TUESDAY, FEBRUARY 13, 1996

631

Per Diem, Fees and Contracts .................................... $134,750 Total Funds Budgeted .......................................... $2,149,663 State Funds Budgeted .......................................... $2,149,663

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,149,663 $ 2,189,663

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission............... $2,092,494 Personal Services .............................................. $1,054,598
Regular Operating Expenses ..................................... $210,954 Travel .......................................................... $40,520
Motor Vehicle Purchases .......................................... $27,450 Equipment ...................................................... $11,910 Computer Charges ................................................ $9,000 Real Estate Rentals .............................................. $90,591
Telecommunications .............................................. $19,090 Per Diem, Fees and Contracts .................................... $486,842 County Conservation Grants ..................................... $310,000
Total Funds Budgeted .......................................... $2,260,955 State Funds Budgeted .......................................... $2,092,494

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $33,352,346
Personal Services .............................................. $5,097,032 Regular Operating Expenses ..................................... $602,250 Travel ......................................................... $101,800 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,500 Computer Charges .............................................. $245,180 Real Estate Rentals .............................................. $44,800 Telecommunications ............................................. $236,750 Per Diem, Fees and Contracts .................................... $208,690 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants ................................... .$24,600,000 Student Incentive Grants ....................................... $5,003,940 Law Enforcement Personnel Dependents' Grants..................... $78,000 North Georgia College ROTC Grants .............................. $312,500 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $680,000 Paul Douglas Teacher Scholarship Loans .......................... $390,000 Total Funds Budgeted ........................................ .$41,797,442 State Funds Budgeted ........................................ .$33,352,346

Departmental Functional Budgets Total Funds

Internal Administration

$ 5,547,664

Higher Education Assistance Corporation

$

0

Georgia Student Finance Authority

$ 35,240,440

Georgia Nonpublic Postsecondary Education Commission

$ 1,009,338

Total

$ 41,797,442

State Funds

$

0

$

0

$ 32,802,698

$

549,648

$ 33,352,346

632

JOURNAL OF THE SENATE

B. Budget Unit: Lottery for Education............................ .$161,240,172 Hope Financial Aid--Tuition .................................. .$73,821,744 Hope Financial Aid--Books .................................... $22,296,240 Hope Financial Aid--Fees..................................... .$14,976,198 Tuition Equalization Grants .................................... $36,611,990 Georgia Military College Scholarship .............................. $336,000 LEPD Scholarship............................................... $198,000 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $3,000,000 Total Funds Budgeted ....................................... .$161,240,172 Lottery Funds Budgeted ..................................... .$161,240,172
Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,075,000 Personal Services .............................................. $4,407,014 Regular Operating Expenses ..................................... $462,000 Travel .......................................................... $30,000 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $13,100 Computer Charges ............................................. $1,045,542 Real Estate Rentals ............................................. $469,750 Telecommunications ............................................. $151,157 Per Diem, Fees and Contracts .................................... $401,000 Retirement System Members .................................... $3,650,000 Floor Fund for Local Retirement Systems .......................... $425,000 Total Funds Budgeted ........................................ .$11,054,563 State Funds Budgeted .......................................... $4,075,000
Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ...... $166,703,649
Personal Services .............................................. $4,175,373 Regular Operating Expenses ..................................... $409,948 Travel ......................................................... $142,500 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $33,544 Computer Charges .............................................. $754,468 Real Estate Rentals ............................................. $365,610 Telecommunications ............................................. $101,905 Per Diem, Fees and Contracts .................................... $539,472 Personal Services-Institutions ................................ .$121,007,817 Operating Expenses-Institutions ................................ $30,379,012 Capital Outlay........................................................ $0 Quick Start Program ........................................... $9,044,505 Area School Program .......................................... $29,522,582 Regents Program............................................. . .$2,912,640 Adult Literacy Grants ........................................ .$18,187,164 Total Funds Budgeted ....................................... .$217,576,540 State Funds Budgeted ....................................... .$166,703,649

Departmental Functional Budgets Total Funds

State Funds

Administration Institutional Programs

$ 6,522,820 $ 4,452,834 $ 211,053,720 $ 162,250,815

Total

$ 217,576,540 $ 166,703,649

B. Budget Unit: Lottery for Education............................. .$40,258,713 Computer Laboratories and Satellite Dishes-Adult Literacy ........ $1,000,000

TUESDAY, FEBRUAEY 13, 1996

633

Capital Outlay--Technical Institute Satellite Facilities ........... .$32,373,460 Equipment-Technical Institutes .................................. $6,885,253 Total Funds Budgeted ........................................ .$40,258,713 Lottery Funds Budgeted Aid................................... .$40,258,713

Section 35. Department of Transportation. Budget Unit: Department of Transportation ...................... .$492,069,050
Personal Services ........................................... .$250,050,159 Regular Operating Expenses .................................. .$59,750,505
Travel ........................................................ $1,626,000 Motor Vehicle Purchases ........................................ $2,296,000 Equipment .................................................... $7,662,241 Computer Charges ............................................. $4,947,700 Real Estate Rentals ............................................ $1,317,373 Telecommunications ............................................ $2,384,080 Per Diem, Fees and Contracts .................................. $45,394,107 Capital Outlay .............................................. .$741,716,455
Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100
Capital Outlay--Airport Development ............................ $1,267,500
Mass Transit Grants .......................................... $14,210,006 Harbor Maintenance/Intra-Coastal Waterways Maintenance
and Operations ............................................... $765,000 Contracts with the Georgia Rail Passenger Authority................ $105,000
Total Funds Budgeted ...................................... $1,134,516,226 State Funds Budgeted ....................................... .$492,069,050

Departmental Functional Budgets Total Funds

Motor Fuel Tax Budget

Planning and Construction

$ 836,421,565

Maintenance and Betterments

$ 237,740,337

Facilities and Equipment

$ 14,953,830

Administration

$ 24,250,996

Total

$ 1,113,366,728

General Funds Budget

Planning and Construction

$

125,000

Air Transportation

$ 1,734,811

Inter-Modal Transfer Facilities

$ 18,524,687

Harbor/Intra-Coastal Waterways Activities

$

765,000

Total

$ 21,149,498

State Funds

$ 215,777,346 $ 226,400,337 $ 14,393,830 $ 23,625,996 $ 480,197,509

$

125,000

$ 1,347,811

$ 9,633,730

$

765,000

$ 11,871,541

Section 36. Department of Veterans Service. Budget Unit: Department Of Veterans Service..................... .$24,343,698 Personal Services .............................................. $4,950,939 Regular Operating Expenses ..................................... $235,829 Travel .......................................................... $82,000 Motor Vehicle Purchases .......................................... $19,275 Equipment ...................................................... $99,371 Computer Charges ............................................... $18,000
Real Estate Rentals ............................................. $242,700 Telecommunications .............................................. $62,200 Per Diem Fees and Contracts...................................... $24,500

634

JOURNAL OF THE SENATE

Operating Expense/Payments to Central State Hospital........... .$18,007,792
Operating Expense/Payments to Medical College of Georgia ........ $7,279,376 Regular Operating Expenses for Projects and Insurance ............. $627,000 Total Funds Budgeted ......................................... $31,648,982 State Funds Budgeted ......................................... $24,343,698

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 5,638,514

Veterans Home and Nursing Facility-- Milledgeville

$ 18,551,092

Veterans Nursing Home-Augusta

$ 7,459,376

Total

$ 31,648,982

State Funds $ 5,367,014
$ 13,717,308 $ 5,259,376 $ 24,343,698

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,454,185 Personal Services .............................................. $8,241,309 Regular Operating Expenses ..................................... $446,789 Travel .......................................................... $97,340 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $27,369 Computer Charges .............................................. $228,485 Real Estate Rentals ............................................ $1,080,290 Telecommunications ............................................. $190,190 Per Diem, Fees and Contracts .................................... $231,000 Payments to State Treasury ...................................... $101,413 Total Funds Budgeted ........................................ .$10,644,185 State Funds Budgeted ......................................... $10,454,185

Section 38. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State Of Georgia General Obligation Debt
Sinking Fund State General Funds (Issued)................................. .$411,509,725 Motor Fuel Tax Funds (Issued) ................................. $70,000,000 $481,509,725

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) .................................... $42,803,478 Motor Fuel Tax Funds (New) ........................................... $0 $42,803,478

Section 39. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial

TUESDAY, FEBRUARY 13, 1996

635

Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient City of Vidalia Tift County Gwinnett County Board of Education
City of Columbus
City of Atlanta
Chattooga Valley Regional Library System
City of Columbus
City of Graham
Berrien County Commission City of Union Point
City of Rome
City of Cave Spring Cobb County
City of Milan Laurens County Board of Education
Bleckley County Board of Education City of Augusta
Lamar County Board of Commissioners
City of Atlanta Board of Education
City of Garden City

Purpose
Operations of Tourism Program Construction of Mid-Step Building Installation of Ballfield Lights at
North Gwinnett High School Furniture and Equipment for New
Horizons Community Service Board Operation of Public Access and
Teacher Preparation Programs at Clark Atlanta University Purchase of Bookmobile and Delivery Van Repairs and Maintenance for Springer Opera House Operations of City of Graham Correctional Facility Renovation of Historic Jail To Purchase Vehicle and Video Monitoring and Surveillance Equipment Renovations for Sara Hightower Regional Library Improvements for Rolator Park Refurbishment and Restoration of B29 Renovations to the Milan Arts Center Rent and Wiring of Modular Unit at S.W. Laurens Elementary School Construction of a Classroom Building Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta Installation of Fire Hydrants and water lines
Renovation to Capitol View Elementary School
Purchase of Fire Truck

Amount $5,000
$50,000 $50,000 $25,000 $250,000
$105,000 $50,000 $25,000 $25,000 $22,500
$5,000 $40,000 $30,000 $25,000 $10,000 $75,000 $20,000
$20,000 $11,500 $10,000

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Ware County Newton County City of LaGrange
Crisp County Board of Education Bibb County
Jenkins County Board of Education Lowndes County Stewart County
Worth County Board of Commissioners
Turner County Board of Education
Turner County Board of Education
City of Atlanta
Mitchell County Board of Education
Wayne County Irwin County
Muscogee County
Dooly County
Macon County Board of Education Stephens County Board of Education City of Lavonia Monroe County City of Loganville DeKalb County
DeKalb County City of Dalton
Clayton County Board of Education Washington County
Washington County
Bibb County Athens/Clarke County Wayne County
Wayne County Armstrong State College
Rockdale County

Reimbursement for Legal Expenses Repairs to the Gym/Civic Center Renovations to Dawson Street School
in LaGrange Construction of Greenhouse Operation of Georgia Project
Learning Tree Construction of Livestock Facility Construction of Health Clinic Restoration to the Historic Well's
House Additional Construction of Worth
County Agricultural/Livestock Pavillion Equipment for Turner County Library Construction of Bleachers for Turner County High School Football Stadium Operations of Comprehensive Youth Services Construction of High School Greenhouse Operation of Motherhood and Beyond Construction of a Livestock and 4-H FFA Training Facility for Irwin and Ben Hill Renovations to Tender Love and Care Home Byromville Water System improvements Roof Repairs to Vocational Building Operation of Medical Station Water System Improvements Feasibility Study for Bicycle Trail Repairs for Library Operations of Brown's Mill Recreation Operation of Youthbuild Operations of Northwest Georgia Girl's Home Services provided by Worktec Renovations to the T.J. Elder Community Center To Purchase Modular Building for use as Technology Training Facility Preservation of Hay House Renovation to Athens Airport Construction of Additional Facilities for the Recreational Department Renovation to the Courthouse To Operate the Troops to Teachers Program Purchase of Public Library Equipment

$50,000 $75,000 $25,000
$30,000 $5,000
$75,000 $50,000 $35,000
$25,000
$5,000
$20,000
$79,489
$40,000
$30,000 $75,000
$10,000
$10,000
$15,000 $25,000 $25,000 $10,000 $15,000 $35,000
$5,000 $50,000
$125,000 $10,000
$40,000
$75,000 $40,000 $10,000
$15,000 $25,000
$25,000

TUESDAY, FEBRUARY 13, 1996

637

City of Atlanta Board of Education
City of Kite Emanuel County Board of Education City of Savannah Chattooga County Water Authority
Chattooga County
Laurens County Board of Education
Laurens County Board of Education
Catoosa County Hart County Effingham County Board of
Education Bibb County
Bibb County
Bibb County
Crawford County Commissioners City of Quitman City of Quitman
Brooks County
Bibb County
Hall County City of Gainesville
Mitchell County Echols County Board of Education
Clinch County Board of Education Lanier County Board of Education Sumter County
Brantley County
Butts County Glynn County
DeKalb County
Bacon County City of Columbus
Muscogee County
Muscogee County

Operations of Atlanta Writing Resource Center
Renovation of City Hall Building Construction of Athletic Complex
Repairs for Historic Railroad Shops Water Study Projects for Rural
Chattooga County Purchase of Elderly Calling
Equipment Renovation or Construction for
Health Classroom Annex Construction of Annex at West
Laurens High School Construction of Animal Shelter Construction of Recreational Complex Construction of Effingham Media
Centers Operations of Booker T. Washington
Community Center Operations of Ruth Hartley Mosley
Center for Women Operations and Equipment for Macon
Little League Water and Sewer Improvements Construction of Recreational Center Historical Preservation Activities in
the City of Quitman Repairs for Simmon Hill Community
and Recreation Center Expansion and Improvements to the
Macon Museum of Arts and Science Operations of Mentoring Program Renovations to EE Butler Community
Center Construction of Agri-Center Completion of Covered Walkway
System Completion of Education Facility Expansion to Education Facility Construction of New Recreation
Complex Prosecution of Capital Offense Case
and Courthouse Renovations Courthouse Plans and Renovations Operations of SHARE Rehabilitation
Program Operation of Center for Visually
Impaired Prosecution of Capital Offense Case Equipment and Operation of
Columbus Youth Network Operation of Combined Communities
of Southeast Columbus Operation of Community Connection
and Intervention

$20,000
$5,000 $75,000 $40,000 $25,000
$6,000
$75,000
$10,000
$25,000 $45,000
$75,000 $15,000
$50,000
$15,000
$75,000 $18,000 $15,000
$10,000
$50,000
$20,000 $25,000
$25,000 $15,000
$15,000 $15,000 $50,000
$35,000
$25,000 $15,000
$50,000
$35,000 $5,000
$25,000
$15,000

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Muscogee County Catoosa County
City of Madison City of Atlanta Fulton County Fulton County City of Broxton City of Columbus
Muscogee County Fulton County
Clayton County Commissioners Rabun County Board of Education Union County City of Greenville Dooly County Houston County Board of Education City of Decatur Richmond County Houston County Houston County
Wayne County City of Augusta Bibb County City of Cartersville Polk County Board of Education City of Cedartown Coweta County
Burke County

Operation of Two Thousand Opportunities, Inc.
Operation of FAmily Crisis Center of Walker, Dade, Catoosa and Chattooga Counties Inc.
Renovations to the Madison/Morgan Culture Center
Operations of the Atlanta Respite Services, Inc.
Purchase of Van for Sr. Citizens Program
Restorations at Life Holding House
Renovations to the Fire House and Community Center
To Operate Play and Learn Together Program at Baker Village and Canty Homes
To Operate Columbus Community Center
To Operate Community of Care Delivery System for At-Risk Children
Repairs to Securus House Renovation of Old Gym
Operation of Day Care Center Renovations to Old Greenville Depot Planning and Construction of a
Government Center Installation of Internet at Perry High
School Contract for Services from Georgia
School-age Care Association Purchase Property for Park in
Augusta Operation of Aviation Museum Planning and Design and Site
Acquisition of an Educational Facility Operation of Wayne County Partners in Education Operating Expenses for Community Based Programs To Operate the Council on Child Abuse Operation of the Etowah Foundation Education To Purchase Athletic Equipment Operating Expenses for the Downtown Development Authority Construction and Operation of Economic Development Information Center Programs Supported by the the Burke Community Development Corporation

$25,000 $15,000
$25,000 $45,000 $35,000 $10,000 $40,000 $25,000
$25,000 $150,000
$10,000 $75,000 $40,000 $25,000 $100,000 $40,000 $300,000 $40,000 $200,000 $180,000
$20,000 $40,000 $50,000 $37,000 $10,000 $10,000 $50,000
$30,000

TUESDAY, FEBRUARY 13, 1996

639

DeKalb County
Screven County Board of Education Tattnall County Board of Education Peach County
City of Rockmart
Liberty County Board of Commissioners
Mclntosh County
City of Greenville City of Comer Jackson County
Floyd County City of Rome
Dawson County Lumpkin County City of Pelham
Seminole County
Early County
City of Atlanta
Candler County
Webster County
Miller County Lowndes County Polk County Athens/Clarke County Board of
Education City of Riverdale City of Oglethorpe Macon County School System
City of Americus
City of Jonesboro City of Helena City of Eastman
City of Douglas
Atkinson County
Bleckley County
Pulaski County

Construction and Operation South DeKalb Business Incubator
For Auditorium Repairs Construction of a Livestock Pavilion To Acquire and Operate Peach
Library Literacy Mobile For Repairs and Equipment for the
Rockmart Performing Arts Theater Repairs for Liberty County
Courthouse Multi-purpose Complex Equipment
and Improvements Old Greenville Depot Repairs To Purchase a Patrol Car For Human Resources Council in
Jackson County To Operate Recycling Program Computer Equipment for Rome/Floyd
Transitional School For Capital Offense Legal Assistance For Capital Offense Legal Assistance Construction of an Agricultural
Facility at Pelham High School To Construct Spring Creek Volunteer
Fire Department Facility Roof Repairs for Early County
Library To Operate Litter Abatement
Program To Operate Litter Abatement
Program Renovations to Webster County
Courthouse Renovation of Miller County Facility Construction of Health Clinic For Construction of EMS Facility Repairs to Track Surface for Cedar
Shoals High School Park Improvements To Purchase a Patrol Car Roof Repairs for Macon County High
School For Revitilization of Downtown City
of Americus Downtown Improvements To Construct Recreational Complex Operating Expenses for the Middle
Georgia Easter Seal Program Building Improvements for the Coffee
County Humane Society To Purchase Radio and Computer
Equipment Paving for the Bleckley County
Recreation Department To Purchase Building for the Senior
Citizens Center

$25,000
$20,000 $10,000 $62,000
$10,000
$50,000 $10,000
$75,000 $10,000 $15,000
$101,439 $30,410
$35,000 $35,000 $40,000
$25,000
$20,000
$25,000
$25,000
$25,000
$20,000 $30,000 $60,000
$50,000 $20,000 $10,000 $40,000
$100,000
$20,000 $15,000 $75,000
$15,000
$10,000
$40,000
$100,000

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City of Warner Robins
Houston County
Pulaski County DeKalb County City of Jonesboro
Clayton County
City of Morrow City of Augusta
Athens/Clarke County
Peachtree City
Glynn County Treutlen County Board of Education
Lincoln County
City of Blackshear Jeff Davis County
City of Toomsboro Early County
Coffee County City of Blackshear
Harris County Board of Education
City of Keysville
Johnson County Board of Eduaction
Paulding County Board of Education
Baldwin County Board of Education

To Purchase Video Equipment for the Northside Fine Arts Program
Operating Expenses for the Houston County Court Mediation Program
Repairs for Hartford Water System To Fund the Homeless Program For Historical Jonesboro Renovations
and Repairs Relocation, Renovation, Equipment,
Furniture and Operating Expenses for ARTS Clayton Parking Improvements Planning and Design of an Overhead Crosswalk on Washington Road Operating Funds for the Safe Campus Now Program Irrigation System for Glenloch Soccer Filed Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services Site Preparation at Industrial Park Operating Expenses for Jeff Davis County Hospital Authority Improvements to Water System Operation and Renovation of Art Center Construction of Agri-Center Extension of Water System to Pierce County Schools Extension of Water System to Harris County Schools Operation and Renovation of Municipal Building Construction/Operation of School Facilities Construction/Operation of School Facilities Litigaiton Fee for the Baldwin County Board of Education

$15,000
$15,000
$30,000 $40,000 $20,000
$20,000
$20,000 $20,000
$40,000
$7,500
$7,500 $50,000
$10,000
$50,000 $25,000
$40,000 $30,000
$40,000 $50,000
$50,000
$15,000
$150,000
$60,000
$50,000

Section 41. Provisions Relative to Section 12, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,720.56. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria and standards prescribed by the State Board of Education for middle school
programs.

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641

Section 42. Provisions Relative to Section 17, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application, and the following maximum benefits and maximum standards of need shall apply.

Number in
Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of
Need
$235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly
Amount
$155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Section 43. Provisions Relative to Section 22, Department of Medical Assistance.

There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 44. Provisions Relative to Section 23, Merit System of Personnel Administration.

The Department is authorized to assess no more than $172.95 per merit system budg eted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1996 shall not exceed 12.5%.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1996 shall not exceed 8.66%.

It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1,1996 pricing arrange ment; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider.

Section 45. Provisions Relative to Section 24, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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Section 46. Provisions Relative to Section 35, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as a July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 35 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 47.
In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to trans fer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

TUESDAY, FEBRUARY 13, 1996

643

Section 48.
In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food service contracts, over time payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby author ized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments.
Section 49.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51.
In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of

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the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 54.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.Xl.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 55.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 56.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

TUESDAY, FEBRUARY 13, 1996

645

Section 57. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 38 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $8,277,000 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through the State Board of Education, through the issuance of not more than $93,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,057,765 is specifi cally appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipali ties, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $8,131,930 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $91,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $2,226,327 is specifi cally appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment of facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,705,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $182,005 is specifi cally appropriated for the purpose of financing projects for the Georgia Agricultural Exposi tion facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $2,045,000 in principal amount of General Obligation Debt, the instruments of which shall have matu rities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,780,000 is specifi cally appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facil ities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $163,315 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

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through the issuance of not more than $1,835,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,335,000 is specifi cally appropriated for the Department of Natural Resources, for the purpose of construct ing, furnishing, and equipping a regional and cultural facility in Columbus, Muscogee County, Georgia, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifi cally appropriated for the purpose of financing projects for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $133,500 is specifi cally appropriated for the purpose of financing projects for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $135,346 is specifi cally appropriated for the purpose of financing projects for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $178,000 is specifi cally appropriated for the purpose of financing projects for the Department of Natural Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $534,000 is specifi cally appropriated for the purpose of financing facilities for the Georgia Golf Hall of Fame, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,780,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.

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647

From the appropriation designated "State General Funds (New)", $126,170 is specifi cally appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $438,154 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $1,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $328,042 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful connection therewith, through the issuance of not more than $1,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $8,900,000 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $427,200 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $211,375 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,375,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $550,560 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $40,145 is specifi cally appropriated for the purpose of financing projects for the Department of Children and

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Youth Services, by means of the acquisition, construction, development, extension, enlarge ment, or improvement of land, waters, property, highways, buildings, structures, equip ment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $175,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $147,295 is specifi cally appropriated for the purpose of financing projects for the Department of Human Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,550,744 is specifi cally appropriated for the purpose of financing projects for the Department of Human Re sources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $6,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $462,800 is specifi cally appropriated for the purpose of financing Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment of facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,200,00 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $68,820 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $178,000 is specifi cally appropriated for the purpose of financing facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,926,960 is specifi cally appropriated for the purpose of financing educational facilities for county and in dependent school systems through the State Board of Education, through the issuance of not more than $8,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $178,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, en largement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)", $480,600 is specifi cally appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $29,815 is specifi cally appropriated for the purpose of financing Department of Technical and Adult Educa tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $335,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $221,610 is specifi cally appropriated for the purpose of financing facilities for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $178,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996..................................... $10,980,393,127

Section 59.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 60. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1186.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Boshears Bowen

Broun of 46th Brown of 26th
Burton Cagle Cheeks Clay

Crotts Dean
Edge Egan Farrow Gillis

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Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt

Land Langford Madden Marable Middleton Newbill Oliver Perdue Pollard Ragan

Those voting in the negative were Senators:

Day Glanton

Gochenour McGuire

Those not voting were Senators:

Guhl (excused) Scott

Tanksley (excused) Thomas

Ralston Ray Slotin Starr Stokes Taylor Thompson Turner Walker
Tysinger

On the motion, the yeas were 47, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1186.
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 1372. By Representatives Coleman of the 142nd, Murphy of the 18th, Watson of the 139th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Com mission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.

HB 1331. By Representative Childers of the 13th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to driver's license applications and fees, so as to provide for the disclo sure to certain organ procurement organizations of certain organ donor informa tion contained on certain drivers' licenses.

SB 604. By Senator Johnson of the 1st:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to provide that certain restrictions on the operation of watercraft shall not apply to certain licensed events; to provide an effective date.

TUESDAY, FEBRUARY 13, 1996

651

The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 1186. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 19951996 known as the "General Appropriations Act", approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996.
Senator Cagle of the 49th introduced the doctor of the day, Dr. Ralph Tillman of Norcross, Georgia, who addressed the Senate briefly.
The Calendar was resumed.
SB 574. By Senator Thompson of the 33rd:
A bill to amend Code Section 10-1-31 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Motor Vehicle Sales Finance Act" and construction of the Act, so as to change the definition of the terms "motor vehicle" and "retail installment contract" or "contract".
The Senate Consumer Affairs Committee offered the following substitute to SB 574:
A BILL
To be entitled an Act to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the definition of the terms "motor vehicle" and "retail installment contract" or "contract"; to change the provisions relating to delinquency charges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by striking paragraphs (4) and (9) of subsec tion (a) of Code Section 10-1-31, relating to definitions and construction, and inserting in lieu thereof new paragraphs (4) and (9) to read as follows:
"(4) Motor vehicle' means any device or vehicle including automobiles, motorcycles, mo tor trucks, trailers, and all other vehicles operated over the public highways and streets of this state and propelled by power other than muscular power but does not include traction engines, road rollers, implements of husbandry and other agricultural equip ment, and such vehicles as run only upon a track. Except for the purposes of subsection (g) of Code Section 10-1-32, the term 'motor vehicle' does not include a truck, truck trac tor, trailer, or semitrailer used primarily for business or commercial purposes."
"(9) 'Retail installment contract' or 'contract' means an instrument or instruments creat ing a purchase money security interest in a motor vehicle."
SECTION 2.
Said article is further amended by striking subsection (g) of Code Section 10-1-32, relating to requirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, and costs, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The holder may, if the contract or refinancing agreement so provides, collect a delin quency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $50.00,

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whichever is less; provided, however, that if the contract or refinancing agreement is related to a truck, truck tractor, trailer, or semitrailer used primarily for business or commercial purposes, such delinquency charge may not exceed 5 percent of the install ment. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the contract may provide for the pay ment of reasonable attorneys' fees where the contract is referred for collection to an at torney not a salaried employee of the holder of the contract, plus the court costs."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following substitute to SB 574:
A BILL
To be entitled an Act to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," so as to change the provisions relating to delinquency charges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Sales Finance Act," is amended by striking subsection (g) of Code Section 10-1-32, relating to requirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, and costs, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The holder may, if the contract or refinancing agreement so provides, collect a delin quency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the installment or $50.00, whichever is less; provided, however, that if the contract or refinancing agreement is related to a truckT truck tractor, trailer, or semitrailer used primarily for business or commercial purposes, such delinquency charge may not exceed 5 percent of the install ment. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the contract may provide for the pay ment of reasonable attorneys' fees where the contract is referred for collection to an at torney not a salaried employee of the holder of the contract, plus the court costs."
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 Thompson substi tute to SB 574 was adopted.
Pursuant to Rule 143, action on SB 574 was suspended, and the bill was placed on the General Calendar.
SB 693. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to supervision of persons placed on parole or other conditional release and programs and services for persons on parole or conditional release, so as to authorize the State Board of Pardons and Paroles to supervise persons partici pating in transition or intermediate programs.

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653

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black
Blitch Boshears
Bowen
Broun of 46th
Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton
Gochenour
Griffin Harbison
Henson
Hill
Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill
Oliver
Perdue Pollard
Ragan
Ralston
Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Guhl (excused)

James Scott

Tanksley (excused)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and Slotin of the 39th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to encourage continued partici pation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to the "Georgia Civil Practice Act," so as to encourage continued participa tion by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition govern ment for a redress of grievances; to provide legislative findings; to require certification that a pleading asserting a claim arising from an act reasonably construed by the actor as an act in furtherance of the right of free speech or to petition government for a redress of griev ances is well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, is not filed for an improper purpose, and that the act forming the basis for the claim is not privileged; to provide for striking a claim without such certification; to provide for exceptions; to provide for sanctions for viola tions; to provide for definitions; to provide for stays and exceptions to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide that statements made in furtherance of a person's right to free speech or to petition government for a redress of grievances in connection with an issue of public interest are

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privileged communications; to provide for editorial changes; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by adding a new Code Section 9-11-11.1 to read as follows:
"9-11-11.1.
(a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process.
(b) For any claim asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitu tion of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10113. Such written verification shall certify that the party and his or her attorney of rec ord, if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of ex isting law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee.
(c) As used in this Code section, 'act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern" includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any written or oral statement, writing, or petition made in connec tion with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law.
(d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection.

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655

(e) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule."

SECTION 2.

Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slan der, is amended by striking in its entirety Code Section 51-5-7, relating to privileged com munications, and inserting in lieu thereof a new Code section to read as follows:
"51-5-7.

The following communications are deemed privileged:
(1) Statements made in good faith in the performance of a public duty;
(2) Statements made in good faith in the performance of a legal or moral private duty;
(3) Statements made with a good faith intent on the part of the speaker to protect his or her interest in a matter in which it is concerned;
(4) Statements made in good faith as part of an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Consti tution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as denned in subsection (c) of Code Section 9-11-11.17
(5) Fair and honest reports of the proceedings of legislative or judicial bodies;
(5X6) Fair and honest reports of court proceedings;
(6X7) Comments of counsel, fairly made, on the circumstances of a case in which he or sheTs involved and on the conduct of the parties in connection therewith;
(TX8) Truthful reports of information received from any arresting officer or police au thorities; and
(8X9) Comments upon the acts of public men or public women in their public capacity ancTwith reference thereto."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 1.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Farrow Glanton Gochenour Griffin Harbison Hill Hooks James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

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Ralston Ray Scott Slotin

Starr Stokes Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan Gillis

Guhl (excused) Henson

Tanksley (excused)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 1.
The following bills were read the first time and referred to committees:

HB 1331. By Representative Childers of the 13th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to driver's license applications and fees, so as to provide for the disclo sure to certain organ procurement organizations of certain organ donor informa tion contained on certain drivers' licenses.
Referred to Public Safety Committee.

HB 1372. By Representatives Coleman of the 142nd, Murphy of the 18th, Watson of the 139th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Com mission, so as to change the provisions relating to the election of the members of the commission; to provide for Public Service Commission Districts in which members must reside, provided that such members are elected state wide by the qualified voters of this state.
Referred to Finance and Public Utilities Committee.
The Calendar was resumed.

SB 578. By Senators Clay of the 37th, Tanksley of the 32nd and Thompson of the 33rd:

A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to increase the penalty for sale or distribution of a false identification document to a minor; to provide for related matters; to provide an effective date; to provide applicability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Dean Edge Egan Farrow Glanton Gochenour Griffin Henson Hill James Johnson of 2nd Kemp

Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

TUESDAY, FEBRUARY 13, 1996

657

Ralston Ray Scott Slotin

Starr Stokes Taylor Thomas

Those not voting were Senators:

Black Bowen Gillis

Guhl (excused) Harbison Hooks

Thompson Turner Walker
Johnson of 1st Tanksley (excused) Tysinger

On the passage of the bill, the yeas 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The Lieutenant Governor introduced James Evan Hall. The Calendar was resumed.

SR 444. By Senators Griffin of the 25th, Broun of the 46th, Gillis of the 20th and others:

A resolution paying tribute to Honorable Culver Kidd and providing for the placement of a portrait of him.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Newbill Oliver Perdue Pollard Ragan Ray Scott Slotin Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Cagle Farrow

Guhl (excused) James Johnson of 2nd Middleton

Ralston Starr Tanksley (excused)

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 430. By Senator James of the 35th:
A resolution recognizing African American entrepreneurs and proclaiming the second Thursday in February as "African American Business Enterprise Day."

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen
Broun of 46th Burton
Cheeks Crotts Day Dean
Egan Farrow Gillis
Gochenour

Griffin Harbison Henson Hill
Hooks James
Kemp Lamutt Land Langford
Madden Marable McGuire
Newbill

Oliver Perdue Ragan Ralston
Ray Scott
Slotin Starr Stokes Taylor
Thomas Turner Walker

Those not voting were Senators:

Abernathy Black Brown of 26th Cagle Clay

Edge Glanton Guhl (excused) Johnson of 2nd Johnson of 1st

Middleton Pollard Tanksley (excused) Thompson Tysinger

On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 466. By Senators James of the 35th and Slotin of the 39th:

A resolution recognizing South Fulton County Legislative Day at the Capitol on February 14, 1996, in celebration of Black History Month.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis
Gochenour

Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire
Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger
Walker

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659

Those not voting were Senators:

Black Broun of 46th Brown of 26th

Edge Glanton Guhl (excused)

Newbill Tanksley (excused)

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 464. By Senators Harbison of the 15th, Hill of the 4th, Glanton of the 34th and others:

A resolution commending the Georgia National Guard and declaring February 21, 1996, to be Georgia National Guard Day.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Guhl (excused)

Hooks Langford

Starr Tanksley (excused)

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 647. By Senator Taylor of the 12th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for a point-ofservice option for certain persons offered health care coverage through a health maintenance organization.

Senators Henson of the 55th and Taylor of the 12th offered the following amendment:
Amend SB 647 by striking line 34 of page 2 and inserting in its place the following:
"Act of 1977," nor shall this Code section apply to Chapter 9 of Title 34, relating to work ers' compensation.'"

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On the adoption of the amendment, the yeas were 50, nays 2, and the Henson and Taylor amendment to SB 647 was adopted.
Senators Langford of the 29th and Land of the 16th offered the following amendment:

Amend SB 647 by striking lines 6 through 8 of page 1 and inserting in their place the following:
"exceptions; to repeal".
By adding "only" immediately following "individuals" on line 9 of page 2.

By striking lines 14 through 29 of page 2 and inserting in their place the following:

"other private group arrangement.".

By striking "(e)" and inserting in its place "(c)" on line 30 of page 2.

On the adoption of the amendment, Senator Langford of the 29th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Cagle Clay Day Edge

Egan Glanton Gochenour Harbison Lamutt

Land Langford McGuire Newbill Ralston

Those voting in the negative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Farrow Gillis

Griffin Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Madden Marable Middleton Oliver Perdue

Pollard Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Guhl (excused) and Tanksley (excused).

On the adoption of the amendment, the yeas were 15, nays 39, and the Langford and Land amendment to SB 647 lost.
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 Farrow
Gillis Gochenour Griffin Harbison

Henson Hill Hooks James Johnson of 2nd Johnson of 1st
Kemp Madden Marable McGuire

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661

Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes

Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Edge Egan

Glanton Lamutt

Land Langford

Not voting were Senators Guhl (excused) and Tanksley (excused).

On the passage of the bill, the yeas were 48, nays 6.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Taylor of the 12th moved that SB 647 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 3; the motion prevailed, and SB 647 was imme diately transmitted.
Senator Pollard of the 24th moved that Senator Griffin of the 25th be excused due to business. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Griffin was excused.
The Calendar was resumed.

SB 625. By Senators Johnson of the 1st, Turner of the 8th and Edge of the 28th:

A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotat ed, relating to applicability of statutory exemptions to bankruptcy and intestate insolvent estates, so as to limit unspecified property which may be exempted; to provide for related matters; to provide for an effective date; to provide for appli cability.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Farrow Gillis Glanton

Gochenour Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Brown of the 26th.

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Those not voting were Senators:

Black Edge Egan

Griffin (excused) Guhl (excused) Newbill

Tanksley (excused) Walker

On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed.

SR 433. By Senators Madden of the 47th, Gillis of the 20th, Clay of the 37th and Taylor of the 12th:

A resolution urging the United States Congress to reject the proposal to sell the facilities used to generate electric power marketed by the Southeastern Power Administration.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch
Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Farrow Gillis

Glanton Gochenour Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner

Voting in the negative were Senators Balfour and Tysinger.

Those not voting were Senators:

Brown of 26th Edge Egan Griffin (excused)

Guhl (excused) Harbison James

Newbill Tanksley (excused) Walker

On the adoption of the resolution, the yeas were 44, nays 2. The resolution, having received the requisite constitutional majority, was adopted.

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663

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 1284. By Representatives Snelling of the 99th, Kinnamon of the 4th, Chambless of the 163rd and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provisions regarding prison liti gation reform.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:50 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, February 14, 1996 Twenty-third Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1514. By Representative Heckstall of the 55th:
A bill to amend an Act establishing a new charter for the City of College Park, so as to change the salaries of the mayor and councilmembers.
HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th and others:
A bill to create the DeKalb County Civic Center Authority.
HB 1646. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act establishing the State Court of Byran County, so as to change the terms of court.
SB 652. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for relat ed matters; to provide an effective date.
SB 653. By Senator Middleton of the 50th:
A bill to provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for relat ed matters; to provide an effective date.
HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.

WEDNESDAY, FEBRUARY 14, 1996

665

HB 1218. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previously been employed as a secretary to a judge in this state.
HB 1214. By Representatives Stancil of the 16th, Trense of the 44th, Purcell of the 147th and others:
A bill to amend Code Section 20-2-1183 of the Official Code of Georgia Annotat ed, relating to the prohibition of pocket pagers or electronic communication de vices in school, so as to permit the carrying of such devices under board of educa tion policy approved after a public hearing.
HB 1613. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform automated information system for real and personal property records.
HB 1278. By Representatives Mobley of the 69th, Randall of the 127th, Martin of the 47th and others:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1996; to provide that otherwise valid common-law marriages, entered into prior to July 1, 1996, shall not be affected and shall continue to be recognized in this state.
HB 1580. By Representative Crews of the 78th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to change the provisions relating to prerequisites to a valid marriage.
HB 1230. By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the require ment of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.
HB 1415. By Representatives Holmes of the 53rd, Goodwin of the 79th, Canty of the 52nd and others:
A bill amend Title 21 of the Official Code of Georgia Annotated, relating to elec tions, so as to provide an additional method for initiating the changing the boundaries of election precincts; to repeal obsolete language relating to precinct boundary changes required by a specified date in the past.

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HB 1367. By Representatives Coleman of the 142nd and Buck of the 135th:
A hill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures regarding the imposition of the special county 1 percent sales and use tax, so as to change the period of time which must elapse prior to resubmitting an imposition question.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 940. By Representatives DeLoach of the 119th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1174. By Representative Murphy of the 18th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, so as to provide an ex emption with respect to foreclosure sales.
HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the provisions gov erning the issuance of a provisional license to a nursing home administrator licensed by an entity other than the State of Georgia.
HB 308. By Representative Campbell of the 42nd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to pro vide for enhanced criminal penalties for the use of dangerous weapons, machine guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses.
The House has agreed to the Senate substitute to the following bill of the House:
HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Annotated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
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 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.
The Speaker has appointed on the part of the House, Representatives Royal of the 164th, Hudson of the 156th and Stancil of the 16th.

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667

The following bills were introduced, read the first time and referred to committees:
SB 731. By Senators Starr of the 44th and Glanton of the 34th:
A bill to be entitled an Act to provide a new charter for the City of Jonesboro; to provide for reincorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquires and investigations.
Referred to Committee on State and Local Governmental Operations.
SB 732. By Senator Clay of the 37th:
A bill to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accom modations charges for promotion of tourism, conventions, and trade shows, so as to change certain restrictions applicable to the aggregate amount of certain ex cise taxes and sales and use taxes and other taxes which may be imposed by a county or municipality.
Referred to Committee on Finance and Public Utilities.
SB 733. By Senator Farrow of the 54th:
A bill to be entitled an Act to provide a new charter for the City of Fort Oglethorpe; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.
Referred to Committee on State and Local Governmental Operations.
SR 556. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th:
A resolution creating the Joint Study Committee on Hospital Restructuring.
Referred to Committee on Rules.
SR 557. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th:
A resolution creating the Senate Study Committee on Hospital Restructuring.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 1214. By Representatives Stancil of the 16th, Trense of the 44th, Purcell of the 147th and others:
A bill to amend Code Section 20-2-1183 of the Official Code of Georgia Annotat ed, relating to the prohibition of pocket pagers or electronic communication de vices in school, so as to permit the carrying of such devices under board of educa tion policy approved after a public hearing.
Referred to Education Committee.

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HB 1218. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previously been employed as a secretary to a judge in this state.
Referred to Special Judiciary Committee.
HB 1230. By Representatives Powell of the 23rd, Porter of the 143rd, Cummings of the 27th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit issuance of Class M drivers' licenses and Class M commercial drivers' licenses to persons who have not completed an approved motorcycle operator safety training program; to change the require ment of wearing of headgear while operating or riding a motorcycle so that it will only apply to certain persons.
Referred to Judiciary Committee.
HB 1278. By Representatives Mobley of the 69th, Randall of the 127th, Martin of the 47th and Falls of the 125th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1996; to provide that otherwise valid common-law marriages, entered into prior to July 1,1996, shall not be affected and shall continue to be recognized in this state.
Referred to Special Judiciary Committee.
HB 1284. By Representatives Snellingof the 99th, Kinnamon of the 4th, Chambless of the 163rd and others:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provisions regarding prison liti gation reform.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1367. By Representatives Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures regarding the imposition of the special county 1 percent sales and use tax, so as to change the period of time which must elapse prior to resubmitting an imposition question.
Referred to Finance and Public Utilities Committee.
HB 1415. By Representatives Holmes of the 53rd, Goodwin of the 79th, Canty of the 52nd and Kinnamon of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide an additional method for initiating the changing the boundaries of election precincts; to repeal obsolete language relating to precinct boundary changes required by a specified date in the past.
Referred to Ethics Committee.

WEDNESDAY, FEBRUARY 14, 1996

669

HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.
Referred to Finance and Public Utilities Committee.
HB 1580. By Representative Crews of the 78th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to change the provisions relating to prerequisites to a valid marriage.
Referred to Special Judiciary Committee.
HB 1613. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform automated information system for real and personal property records.
Referred to Special Judiciary Committee.
HR 940. By Representatives DeLoach of the 119th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County.
Referred to Finance and Public Utilities Committee.
HB 1514. By Representative Heckstall of the 55th:
A bill to amend an Act establishing a new charter for the City of College Park, so as to change the salaries of the mayor and councilmembers.
Referred to State and Local Governmental Operations Committee.
HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th and others:
A bill to create the DeKalb County Civic Center Authority.
Referred to State and Local Governmental Operations Committee.
HB 1646. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act establishing the State Court of Bryan County, so as to change the terms of court.
Referred to State and Local Governmental Operations Committee.

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The following committee reports were read by the Secretary:

Mr. President:
The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 696. Do pass.

HB 660. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 593. Do pass as amended.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:
The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1156. 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 Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 598. Do pass. SB 654. Do pass.

HB 1239. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 219. Do pass by substitute.

HB 966. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

WEDNESDAY, FEBRUARY 14, 1996

671

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 1605. Do pass.

HB 1606. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 480 SR 410 HB 1169

SB 481 SR 455 HB 1175

SB 658 SR 497 HB 1241

SB 674 SR 528 HB 1291

SB 682 SR 535

SB 712 HB 1118

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Clay Crotts Day Dean Egan Farrow Gillis

Glanton Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Pollard Ragan Ralston Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Burton Cheeks Edge

Guhl Kemp Oliver Perdue

Ray (presiding) Scott Tanksley Walker

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Starr of the 44th introduced the chaplain of the day, Dr. Wayne Edwards, pastor of the First Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.
The President assumed the Chair.
Senator Ralston of the 51st moved that Senator Guhl of the 45th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Guhl was excused.
Senator Clay of the 37th moved that Senator Edge of the 28th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Edge was excused.
The following resolutions were read and adopted:

SR 559. By Senator Langford of the 29th: A resolution congratulating Florine Stanley Alien.

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SR 560. By Senators Turner of the 8th and Ragan of the llth: A resolution commending the Valdosta-Lowndes County Habitat for Humanity.
SR 561. By Senator Oliver of the 42nd: A resolution commending Ms. Wanda Pierce Mack.
SR 562. By Senators Henson of the 55th, Stokes of the 43rd and Thomas of the 10th: A resolution commending Oluwamuyiwa Olubuyide.
SR 564. By Senators Stokes of the 43rd, Henson of the 55th and Thomas of the 10th: A resolution commending the Southwest DeKalb High School Band.
SR 565. By Senators Stokes of the 43rd, Henson of the 55th, Thomas of the 10th and others: A resolution commending Saloni Saraiya.
SR 568. By Senator Farrow of the 54th: A resolution expressing best wishes for a speedy recovery to John T. Minor III.
The following resolution was read and adopted:
SR 566. By Senator James of the 35th: A resolution commending the elected public officials of South Fulton County for their outstanding service.
Senator James of the 35th introduced the South Fulton public officials. Senator Griffin of the 25th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Stokes was excused. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, February 14, 1996
TWENTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1605 Bowen, 13th IRWIN COUNTY An Act to amend an Act creating the board of commissioners, so as to provide for staggered elections for the chairman and members of the board.
HB 1606 Bowen, 13th IRWIN COUNTY An Act to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter during the four-month nonstaggered registra tion period from January 1 through April 30 as provided by general law.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

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673

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears
Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Day Dean
Egan
Farrow

Glanton Gochenour Griffin Harbison
Henson Hill Hooks Johnson of 2nd Johnson of 1st
Lamutt Land Langford Marable
McGuire

Middleton Newbill Oliver Pollard
Ragan Ray Slotin Starr Tanksley
Taylor Thompson Turner Tysinger
Walker

Those not voting were Senators:

Abernathy Bowen
Edge (excused) Gillis Guhl (excused)

James Kemp
Madden Perdue

Ralston Scott
Stokes (excused) Thomas

On the passage of the local bills, the yeas were 43, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Wednesday, February 14, 1996 TWENTY-THIRD LEGISLATIVE DAY

SB 574 Motor Vehicle Sales Finance Act--redefine certain terms (Substitute) (C AFF --33rd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 13, 1996.)

SB 636 Bombs, Explosives, Etc.--unlawful possession, distribution (Substitute) (Judy--44th)
SB 525 Fulton County--conveyance of certain state property (EDT&CA--46th)
SB 646 Seat Belt Law--penalties for violations (Amendment) (Judy--42nd)
SB 584 State Employees--proper, improper political activity (Substitute) (Ethics --55th)
SB 675 Corrections Commissioner--certain contracting authority (Substitute) (Corr --12th)
SB 661 Bad Checks--maximum charge (S Judy--28th)

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SB 542 Professional Counselor Licensing--exempt certain Labor Department employ ees (H&HS--47th)

SB 645 Education Grants--magnet or theme schools (Substitute) (Ed--42nd)

SB 19 Textbooks--relating to disclosure of contributions (Substitute) (Ethics--56th)

SB 667 Campaign Contributions--person acting on behalf of certain utility corporation (Ethics--23rd)

SR 457 Conveyance of State Property, Certain Counties--authorize (Substitute) (F&PU--44th)
Respectfully submitted,
lal Scott of the 36th, Chairman Senate Rules Committee
The following general bill of the Senate, having been read the third time and final action suspended on February 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

SB 574. By Senator Thompson of the 33rd:

A bill to amend Code Section 10-1-31 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Motor Vehicle Sales Finance Act" and construction of the Act, so as to change the definition of the terms "motor vehicle" and "rental installment contract" or "contract".

The substitute offered by Senator Thompson of the 33rd on February 13, as it appears in the Journal of February 13, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay
Crotts Day
Dean Egan
Farrow

Gillis Glanton Gochenour Griffin Harbison
Henson Hill Hooks
Johnson of 2nd Land Langford
Madden Marable
McGuire Middleton
Newbill

Oliver Perdue Pollard Ragan Ray
Scott Slotin Starr
Tanksley Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Edge (excused) Guhl (excused)

James Johnson of 1st Kemp

Lamutt Ralston Stokes (excused)

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675

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 following general bills were read the third time and put upon their passage.
SB 636. By Senator Starr of the 44th:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies in juvenile court, so as to change a certain defini tion; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to enact a new article relating to bombs, explosives, and chemical and biological weapons; to define certain terms; to provide a list of explosive materials.
The Senate Judiciary Committee offered the following substitute to SB 636:
A BILL
To be entitled an Act to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to designated felonies in juvenile court, so as to change a certain definition; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to enact a new article relating to bombs, explosives, and chemical and biological weap ons; to define certain terms; to provide a list of explosive materials; to provide for the offense of manufacturing, transporting, distributing, possessing with intent to distribute, and offering to distribute an explosive device; to provide that it shall be unlawful for a person convicted of or under indictment for certain offenses to possess, manufacturer, transport, distribute, possess with intent to distribute, or offer to distribute a destructive device, detonator, or hoax device; to provide that it shall be unlawful to provide any such person with such devices; to provide that it shall be unlawful to distribute certain materials to persons under 21 years of age; to prohibit certain acts relating to hoax devices; to provide that conspiracy to commit certain acts shall be unlawful; to prohibit interference with cer tain officers; to provide for punishments; to impose certain duties on certain persons; to provide for certain inspections; to provide for exceptions; to provide for the forfeiture of certain property; to change certain definitions relating to certain offenses; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agen cies, so as to provide for the training and certification of bomb technicians, explosive ord nance disposal technicians, and animal handlers; to provide for certain intergovernmental assistance agreements; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies in juvenile court, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
"(2) 'Designated felony act' means an act which:
(A) Constitutes a second or subsequent offense under subsection (b) of Code Section 1611-132 if committed by a person 13 to 17 years of age;
(B) If done by an adult, would be one or more of the following crimes:
(i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age;
(ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, if done by a juvenile 13 or more years of age;

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(iii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age;

(iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1;

(v) Hijacking a motor vehicle, if done by a juvenile 13 or more years of age; or

(vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a juvenile

13 or more years of age; or

"

frrXvii) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; or

(C) Constitutes a second or subsequent adjudication of delinquency based upon a viola tion of Code Sections 16-7-85 or 16-7-1T7;

(XD) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (bX2)(C) of Code Sectionl5-ll-5."

SECTION 2.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in theirs entirety code sections 61-7-63 and 16-7-64, relating to crimi nal possession of explosives and criminal possession of an explosive devise, respectively, which read as follows:
"16-7-63.
(a) A person commits the offense of criminal possession of explosives when he possesses, manufactures, or transports any explosive compound and either intends to use the explo sive to commit a felony or knows that another intends to use the explosive to commit a felony.
(b) A person convicted of the offense of criminal possession of explosives shall be pun ished by imprisonment for not less than one nor more than ten years.
16-7-64.
(a) A person commits the offense of criminal possession of an explosive device when he possesses, manufactures, sells, offers for sale, gives away, or transports a bomb, fire bomb, or Molotov cocktail.
(b) As used in this Code section, the terms fire bomb' and 'Molotov cocktail' mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less which has a wick or any similar material which, when ignited, is capable of igniting the flammable liquid or compound when the device is thrown or dropped; and the term "bomb" includes any form of high explosives, explosive bomb, grenade, missile, or similar device. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, and bridges.
(c) Subsection (a) of this Code section does not apply to a device coming within the defini tion of subsection (b) of this Code section when it is in the use, possession, or control of a member of the armed forces of the United States or a fireman or a law enforcement of ficer when acting in his official capacity or otherwise under proper authority.
(d) A person convicted of the offense of criminal possession of an explosive device shall be punished by imprisonment for not less than one nor more than ten years or by a fine not exceeding $25,000.00, or by both."

WEDNESDAY, FEBRUARY 14, 1996

677

SECTION 3.
Said title is further amended by inserting at the end of Chapter 7 the following:
"ARTICLE 4
16-7-80.
As used in this article, the term:
(1) 'Bacteriological weapon' or "biological weapon' means any device which is designed in such a manner as to permit the intentional release into the population or environ ment of microbial or other biological agents or toxins whatever their origin or method of production in a manner not otherwise authorized by law or any device the develop ment, production, or stockpiling of which is prohibited pursuant to the 'Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Bi ological) and Toxin Weapons and Their Destruction,' 26 U.S.T. 583, TIAS 8063.
(2) 'Commissioner' means the Fire Safety Commissioner.
(3) 'Conviction' means and adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or terri tory, the United States, or a foreign nation recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact that sentence was im posed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudi cation or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state.
(3) 'Director' means the Director of the Georgia Bureau of Investigation.
(4) 'Destructive device' means:
(A) Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce or a poison gas; a mine; a molitov cocktail; or any other device which is sub stantially similar to such devices; and
(B) Any type of weapon by whatever name known which will or may be readily con verted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter; provided, however, that such term shall not include a rifle or shotgun suitable for sporting purposes or shotgun shells; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar de vice; or surplus military ordnance sold, loaned, or given by authority of the appropri ate official of the United States Department of Defense;
(C) A weapon of mass destruction;
(D) A bacteriological weapon or biological weapon; and
((VE.)) AAnnyv pconmmhbiinnaatt.iinonn noff npnarrttss peiitt.VhieArr HdepssiitgmnpeHd norr iinnttpennHdef d for use in converting any device into a destructive device as otherwise defined in this paragraph.
(5) 'Detonator' means a device containing a detonating charge that is used to initiate detonation in an explosive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonating-chord delay connectors.
(6) 'Distribute' means the actual, constructive, or attempted transfer from one person to another.
(7) 'Explosive' means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion or containing oxidizing and combus tible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of

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causing injury to persons or damage to property, including but not limited to the sub stances designated in Code section 16-7-81.
(8) 'Explosive ordnance disposal technician' or 'EOD technician' means:
(A) A law enforcement officer, fire official, emergency management official, or an em ployee of this state or its political subdivisions or an authority of the state or a polit ical subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and
(B) An official or employee of the United States, including but not limited to a mem ber of the armed forces of the United States, who is qualified as an explosive ord nance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties.
(9) 'Felony' means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct.
(10) 'Hoax device' or 'replica' means a device or article which has the appearance of a destructive device.
(11) 'Incendiary' means a flammable liquid or compound with a flash point of 150 de grees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device, including but not limited to, gasoline, kerosene, fuel oil, or a derivative of such substances.
(12) 'Over-pressure device' means a frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property
(13) 'Poison gas' means any toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human be ings; provided, however, that such term shall not include:
(A) Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state;
(B) Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical;
(C) Pesticides, as provided in paragraph (12) of Code Section 16-7-93.
(14) 'Property' means any real or personal property of any kind including money, choses in action, and other similar interests in property.
(15) 'Public building" means any structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to structures owned, operated, or leased by the state, the United States, any of the several states, or any foreign nation or any political subdivision or authority thereof; any religious organization; any medical facility; any college, school, or univer sity; or any corporation, partnership, or association.
(16) Weapon of mass destruction' means any device which is designed in such a way as to release radiation or radioactivity at a level which will result in internal or external bodily injury or death to any person.

WEDNESDAY, FEBRUARY 14, 1996

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16-7-81.
The following materials are explosives within the meaning of this article: (1) Acetylides of heavy metals; (2) Aluminum containing polymeric propellant; (3) Aluminum ophorite explosive; (4) Amatex; (5) Amatol; (6) Ammonal; (7) Ammonium nitrate explosive mixtures, cap sensitive; (8) Ammonium nitrate explosive mixtures, noncap sensitive; (9) Aromatic nitro-compound explosive mixtures: (10) Ammonium perchlorate explosive mixtures. (11) Ammonium perchlorate composite propellant. (12) Ammonium picrate (picrate of ammonia, Explosive D). (13) Ammonium salt lattice with isomorphously substituted inorganic salts. (14) Ammonium triiodide. (15) ANPO (ammonium nitrate-fuel oil). (16) Baratol. (17) Baronol. (18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane)). (19) Black powder. (20) Black powder based explosive mixtures. (21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and watergel explosives. (22) Blasting caps. (23) Blasting gelatin. (24) Blasting powder. (25) BTNEC (bis (trinitroethyl) carbonate). (26) Bulk salutes. (27) BTNEN (bis (trinitroethyl) nitramine). (28) BTTN (1,2,4 butanetriol trinitrate). (29) Butyl tetryl. (30) Calcium nitrate explosive mixture. (31) Cellulose hexanitrate explosive mixture. (32) Chlorate explosive mixtures. (33) Composition A and variations. (34) Composition B and variations. (35) Composition C and variations. (36) Copper acetylide. (37) Cyanuric triazide. (38) Cyclotrimethylenetrinitramine (RDX). (39) Cyclotetramethylenetetranitramine (HMX). (40) Cyclonite (RDX).

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(41) Cyclotol. (42) DATE (diaminotrinitrobenzene). (43) DDNP (diazodinitrophenol). (44) DEGDN (diethyleneglycol dinitrate). (45) Detonating cord. (46) Detonators. (47) Dimethylol dimethyl methane dinitrate composition. (48) Dinitroethyleneurea. (49) Dinitroglycerine (glycerol dinitrate). (50) Dinitrophenol. (51) Dinitrophenolates. (52) Dinitrophenyl hydrazine. (53) Dinitroresorcinol. (54) Dinitrotoluene-sodium nitrate explosive mixtures. (55) DIPAM. (56) Dipicryl sulfone. (57) Dipicrylamine. (58) Display fireworks. (59) DNDP (dinitropentano nitrile). (60) DNPA (2,2-dinitropropyl acrylate). (61) Dynamite. (62) EDDN (ethylene diamine dinitrate). (63) EDNA. (64) Ednatol. (65) EDNP (ethyl 4,4-dinitropentanoate). (66) Erythritol tetranitrate explosives. (67) Esters of nitro-substituted alcohols. (68) EGDN (ethylene glycol dinitrate). (69) Ethyl-tetryl. (70) Explosive conitrates. (71) Explosive gelatins. (72) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons. (73) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies. (74) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels. (75) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels. (76) Explosive mixtures containing sensitized nitromethane. (77) Explosive mixtures containing tetranitromethane (nitroform). (78) Explosive nitro compounds of aromatic hydrocarbons. (79) Explosive organic nitrate mixtures. (80) Explosive liquids. (81) Explosive powders.

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(82) Flash powder. (83) Fulminate of mercury. (84) Fulminate of silver. (85) Fulminating gold. (86) Fulminating mercury. (87) Fulminating platinum. (88) Fulminating silver. (89) Gelatinized nitrocellulose. (90) Gem-dinitro aliphatic explosive mixtures. (91) Guanyl nitrosamino guanyl tetrazene. (92) Guanyl nitrosamino guanylidene hydrazine. (93) Hexogene or octogene and a nitrated N-methylaniline. (94) Hexolites. (95) HMX (cyclo-l,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen). (96) Hydrazinium nitrate/hydrazine/aluminum explosive system. (97) Hydrazoic acid. (98) Igniter cord. (99) Igniters. (100) Initiating tube systems. (101) KDNBF (potassium dinitrobenzo-furoxane). (102) Lead azide. (103) Lead mannite. (104) Lead mononitroresorcinate. (105) Lead picrate. (106) Lead salts, explosive. (107) Lead styphnate (styphnate of lead, lead trinitroresorcinate). (108) Liquid nitrated polyol and trimethylolethane. (109) Liquid oxygen explosives. (110) Magnesium ophorite explosives. (111) Mannitol hexanitrate. (112) MDNP (methyl 4,4-dinitropentanoate). (113) MEAN (monoethanolamine nitrate). (114) Mercuric fulminate. (115) Mercury oxalate. (116) Mercury tartrate. (117) Metriol trinitrate. (118) Minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum). (119) MMAN (monomethylamine nitrate); methylamine nitrate. (120) Mononitrotoluene-nitroglycerin mixture. (121) Monopropellants. (122) NIBTN (nitroisobutametriol trinitrate). (123) Nitrate sensitized with gelled nitroparaffin.

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(124) Nitrated carbohydrate explosive. (125) Nitrated glucoside explosive. (126) Nitrated polyhydric alcohol explosives. (127) Nitrates of soda explosive mixtures. (128) Nitric acid and a nitro aromatic compound explosive. (129) Nitric acid and carboxylic fuel explosive. (130) Nitric acid explosive mixtures. (131) Nitro aromatic explosive mixtures. (132) Nitro compounds of furane explosive mixtures. (133) Nitrocellulose explosive. (134) Nitroderivative of urea explosive mixture. (135) Nitrogelatin explosive. (136) Nitrogen trichloride. (137) Nitrogen tri-iodide. (138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine). (139) Nitroglycide. (140) Nitroglycol (ethylene glycol dinitrate, EGDN) (141) Nitroguanidine explosives. (142) Nitroparaffins Explosive Grade and ammonium nitrate mixtures. (143) Nitronium perchlorate propellant mixtures. (144) Nitrostarch. (145) Nitro-substituted carboxylic acids. (146) Nitrourea. (147) Octogen (HMX). (148) Octol (75% HMX, 25% TNT). (149) Organic amine nitrates. (150) Organic nitramines. (151) PBX (RDX and plasticizer). (152) Pellet powder. (153) Penthrinite composition. (154) Pentolite. (155) Perchlorate explosive mixtures. (156) Peroxide based explosive mixtures. (157) PETN (nitropentaerythrite, pentaerythrite tetranitrate, pentaerythritol tetranitrate). (158) Picramic acid and its salts. (159) Picramide. (160) Picrate of potassium explosive mixtures. (161) Picratol. (162) Picric acid (manufactured as an explosive). (163) Picryl chloride. (164) Picryl fluoride. (165) PLX (95% nitromethane, 5% ethylenediamine).

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(166) Polynitro aliphatic compounds. (167) Polyolpolynitrate-nitrocellulose explosive gels. (168) Potassium chlorate and lead sulfocyanate explosive. (169) Potassium nitrate explosive mixtures. (170) Potassium nitroaminotetrazole. (171) Pyrotechnic compositions. (172) PYX (2,6-bis(picrylamino))-3,5-dinitropyridine. (173) RDX (cyclonite, hexogen, T4,cyclo-l,3,5,-trimethylene-2,4,6,-rinitramme; hexahydro-l,3,5-trinitro-S-triazine). (174) Safety fuse. (175) Salutes, (bulk). (176) Salts of organic amino sulfonic acid explosive mixture. (177) Silver acetylide. (178) Silver azide. (179) Silver fulminate. (180) Silver oxalate explosive mixtures. (181) Silver styphnate. (182) Silver tartrate explosive mixtures. (183) Silver tetrazene. (184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive. (185) Smokeless powder. (186) Sodatol. (187) Sodium amatol. (188) Sodium azide explosive mixture. (189) Sodium dinitro-ortho-cresolate. (190) Sodium nitrate-potassium nitrate explosive mixture. (191) Sodium picramate. (192) Special fireworks. (193) Squibs. (194) Styphnic acid explosives. (195) Tacot (tetranitro-2,3,5,6-dibenzo-l,3a,4,6a tetrazapentalene). (196) TATB (triaminotrinitrobenzene). (197) TATP (triacetone triperoxide). (198) TEGDN (triethylene glycol dinitrate). (199) Tetrazene (tetracene, tetrazine, l(5-tetrazolyl)-4-guanyl tetrazene hydrate). (200) Tetranitrocarbazole. (201) Tetryl (2,4,6 tetranitro-N-methylaniline). (202) Tetrytol. (203) Thickened inorganic oxidizer salt slurried explosive mixture. (204) TMETN (trimethylolethane trinitrate). (205) TNEF (trinitroethyl formal). (206) TNEOC (trinitroethylorthocarbonate).

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(207) TNEOF (trinitroethylorthoformate).
(208) TNT (trinitrotoluene, trotyl, trilite, triton).
(209) Torpex.
(210) Tridite.
(211) Trimethylol ethyl methane trinitrate composition.
(212) Trimethylolthane trinitrate-nitrocellulose.
(213) Trimonite.
(214) Trinitroanisole.
(215) Trinitrobenzene.
(216) Trinitrobenzoic acid.
(217) Trinitrocresol.
(218) Trinitro-meta-cresol.
(219) Trinitronaphthalene.
(220) Trinitrophenetol.
(221) Trinitrophloroglucinol.
(222) Trinitroresorcinol.
(223) Tritonal.
(224) Urea nitrate.
(225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive.
(226) Water-in-oil emulsion explosive compositions.
(227) Xanthamonas hydrophilic colloid explosive mixture. 16-7-82.
(a) It shall be unlawful for any person to possess, manufacture, transport, distribute, pos sess with the intent to distribute, or offer to distribute a destructive device except as pro vided in this article.
(b) Any person convicted of a violation of this Code section shall be punished by imprison ment for not less than three nor more than 20 years or, by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $25,000.00 nor more than $100,000.00 or not fewer than 5,000 nor more than $10.000 hours of commu nity service or both. 16-7-83.
(a) It shall be unlawful for any person who is under indictment for or who has been con victed of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, trans port, distribute, possess with the intent to distribute, or offer to distribute a destructive device, detonator, explosive, or hoax device.
(b) It shall be unlawful for any person knowingly to distribute a destructive device, detona tor, explosive, poison gas, or hoax device to any person:
(1) Who is under indictment for or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and domin ions, or a foreign nation; or
(2) Who has been adjudicated to be mentally incompetent or mentally ill by a court of this state, any other states, or the United States.
(c) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than 15 years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less

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685

than $10,000.00 nor more than $75,000.00 or not fewer than 1,000 nor more than 5,000 hours of community service or both.
(d) Notwithstanding any other provision of law, the Department of Human Resources shall make available to any law enforcement agency or district attorney of this state such infor mation as may be necessary to establish that a person has been adjudicated by any court to be mentally incompetent or mentally ill.
(e) The provisions of this Code section shall not apply to:
(1) Any person who has been pardoned for a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute, or transport a destructive device, explosive, poison gas, or detonator; or
(2) Any person who has been granted relief from the disabilities imposed by this Code section in accordance with subsection (d) of Code section 16-11-131 and such relief specif ically authorizes such person to receive, possess, distribute, or transport a destruction device, explosive, poison gas, or detonator.
16-7-84.
(a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age.
(b) Any person convicted of a violation of this Code section shall be punished, in the case on an individual, by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00; or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000 hours of community service or both.
16-7-85.
(a) It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause an other to believe that such hoax device or replica is a destructive device or detonator.
(b) Any person convicted of a violation of this Code section shall be punished by imprison ment for not more than one year or by a fine of not more than $10,000.00; or both or, if the defendant is a corporation, a fine of not less than $1,000.00 or not fewer than 500 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device or detonator with the intent to obtain the property of another person or to interfere with the ability of another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprison ment for not less than one year nor more than five years or by a fine of not more than $25,000.00; or both or, if the defendant is a corporation, a fine of not less than $50,000.00 or not fewer than 1,000 nor more than 10,000 hours of community service or both for each such hoax device or replica.
16-7-86.
It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of this Code section shall be punished by imprisonment or community service; by a fine; or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the ob ject of the attempt or conspiracy.
16-7-87.
It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device. Any

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person convicted of a violation of this Code section shall be punished as provided in subsec tion (b) of Code section 16-10-24.
16-7-88.
(a) If a violation of this article was done with the intent to cause death or bodily injury to another or to cause physical damage to any public building which would require an expen diture of more than $500.00 to repair or replace, the court shall sentence the defendant to imprisonment for a term of years of not less than one-half the maximum term of imprison ment authorized by law, and no part of such sentence shall be probated, deferred, sus pended or withheld.
(b) Any other provision of law to the contrary notwithstanding, no person sentenced under the provision of subsection (a) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence pro vided by subsection (a) of this Code section.
16-7-89.
Each violation of the provisions of this article shall be considered a separate offense.
16-7-90.
It shall be the duty of any person authorized by subsection (a) or (b) of Code section 16-7-93 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explo sive, or hoax device within the state:
(1) To maintain such records as may be required pursuant to Title 25. Such records may be inspected by the commissioner or the director or such officers' designee or any law enforcement officer or fire official during normal business hours; and
(2) To report promptly the loss or theft of any destructive device, detonator, explosive, or hoax device to the Georgia Bureau of Investigation. 16-7-91.
The commissioner or director or such officers' designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code section 25-2-22.1 to con duct a search or inspection of:
(1) Any person licensed pursuant to Title 25 to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state;
(2) Any person licensed pursuant to Chapter 7 of Title 2 to manufacture, possess, trans port, sell, or distribute or use pesticides; or
(3) Any property where such pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used. 16-7-92.
In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed or used in viola tion of this article or Title 25 or any attempt or conspiracy thereof, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the power to compel the attendance of witnesses and the production of evidence as provided in Code Sections 25-2-27, 25-2-28 and 25-2-29. 16-7-93.
The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85 and 16-7-86 shall not apply to:
(1) Any person authorized to manufacture, possess, transport, distribute, or use a de structive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto;

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(2) Any person licensed as a blaster by the commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regula tions promulgated thereunder and any ordinances and regulations of the political subdi vision or authority of the state where blasting operations are being performed;
(3) Fireworks, as denned by Code Section 25-10-1 and any person authorized by the laws of this state and of the United States to manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks;
(4) A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state;
(5) The armed forces of the United States or of this state;
(6) Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state;
(7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopia or the National Formulary;
(8) Small arms ammunition and components thereof;
(9) Commercially manufactured black power in quantities not to exceed fifty pounds, per cussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in an tique firearms or antique devices;
(10) Fertilizers, propellant actuated devices, or propellant activated industrial tools man ufactured, imported, distributed, or used for their intended purposes;
(11) An explosive which is lawfully possessed in accordance with the rules adopted pur suant to Code Section 16-7-95; or
(12) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.
16-7-95.
After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legiti mate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Agriculture.
16-7-96.
(a) Any property which is used, intended for use, used to facilitate, derived from, or realized through a violation of this article shall be considered contraband and no property interest shall exist therein. Except as provided in subsection (b) of this Code section, such property may be seized and shall be forfeited to the state as provided in Code section 16-13-49.
(b) On application of the seizing law enforcement agency, the Superior Court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explo sive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film,

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video tape, or other electronic imaging method. Any such film, video tape, or other elec tronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both. 16-7-97.
(a) Photographs, video tapes, or other identification or analysis of a destructive device, ex plosive, poison gas, or detonator duly identified by an explosive ordnance disposal techni cian or a person qualified as a forensic expert in the area of destructive devices shall be admissible in any civil or criminal trial in lieu of the destructive device or detonator.
(b) If a destructive device, explosive, poison gas, or detonator which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court immediately to photograph the same and to transfer custody of the destructive device or detonator to the director or his or her designee or an explosive ordnance disposal technician."
SECTION 4.
Said title is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 16-8-12, relating to penalties for certain offenses, and inserting in lieu thereof the following:
"(5) (A) As used in this paragraph, the term:
(i) 'Destructive device' means a destructive device as such term is defined by Code Sec tion 16-7-Sg:
(ii) 'Explosive' means an explosive as such term is defined by Code Section 16-7-80.
(iii) 'firearm' 'Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive.
(B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 16-10-28, relating to transmitting a false public alarm, and inserting in lieu thereof the following:
"16-10-28.
(a) As used in this Code section, the term:
(1) "Destructive device' means a destructive device as such term is defined by Code Section 16-7-80.
(2) 'Hazardous substance' means a hazardous substance as such term is defined by Code Section 12-8-M'
(b) A person who transmits in any manner a false alarm to the effect that a bomb or other explosive destructive device or hazardous substance of any nature is concealed in such place that its explosion, detonation, or release would~endanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believ ing that such a bomb or explosive destructive device or hazardous substance is concealed in such place, commits the offense of transmitting a false public alarm and, upon convic tion thereof, shall be punished by imprisonment for not less than one nor more than five years."
SECTION 6.
Said title is further amended by striking in its entirety subsection (a) of Code Section 1611-130, relating to exemptions from provisions relating to the carrying of a concealed weapon, and inserting in lieu thereof the following:

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"(a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when author ized by federal or state law, regulations, or order:
(1) Peace officers;
(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;
(3) Persons in the military service of the state or of the United States;
(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufac ture, transport, installation, and testing under the requirements of such contract;
(5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys;
(0.1X6) State court solicitors; investigators employed by and assigned to a state court solicitor's office; assistant state court solicitors; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;
Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(8)(9) Chief probation officers, probation officers, intensive probation officers, and sur veillance officers employed by and under the authority of the Department of Correc tions pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation;
(9X10) Public safety directors of municipal corporations;
(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties.
) State and federal trial and appellate judges;
(K13) United States Attorneys and Assistant United States Attorneys;
) County medical examiners and coroners and their sworn officers employed by county government; and
(i9K15) Clerks of the superior courts."
SECTION 7.
Said title is further amended by striking in its entirety subsection (c) of Code Section 1612-123, relating to bus or rail vehicle hijacking and related matters, and inserting in lieu thereof the following:
"(c) Any person who has on or about his or her person or who has placed, attempted to place, or attempted to have placed aboard such bus or rail vehicle any bomb ot similar explosive or incendiary destructive device, as such term is defined by Code Section 16-780, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than 20 years."

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SECTION 8.
Said title is further amended by striking in its entirety division (9) (A) (vi) of Code Section 16-14-3. relating to definitions relative to racketeer influenced organizations, and inserting in lieu thereof the following:
"(vi) Article Articles 3 and 4 of Chapter 7 of this title, relating to arson and destructive devices, respectively;"
SECTION 9.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking at the end of paragraph (7) of subsection (a) of Code Sec tion 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation gener ally, the word "and"; by striking at the end of paragraph (8) of such subsection the symbol "." and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of such subsection the following:
"(9) Identify and investigate violations of Article 4 of Chapter 7 of Title 16."
SECTION 10.
Said title is further amended by inserting at the end of Chapter 8, relating to the employ ment and training of peace officers, the following:
"36-8-25.
(a)(l) Any person who is employed by an agency or authority of this state or an agency or authority of a political subdivision of this state as a bomb technician, explosive ord nance disposal technician, handler of an animal trained to detect explosives, or any person who is assigned to such duties shall be required to complete successfully a training program prescribed by the council which shall consist of an initial training program, an apprenticeship, and annual recertification.
(2) The council is authorized to award a distinctive device to persons certified as an explosive ordnance disposal technician or as a handler of an animal trained to detect explosives upon completion of the initial training program and apprenticeship period. The council may also establish and award distinctive devices for certified explosive ordnance disposal technicians who qualify as master or expert explosive ordnance dis posal technicians. Such devices may be worn on any law enforcement officer's or fire official's uniform.
(b)(l) The head of any law enforcement agency which employs one or more certified bomb technicians, explosive ordnance disposal technicians, or handlers of animals trained to detect explosives may establish a mutual aid agreement with any other law enforcement agency for the purpose of assisting with the detection, rendering safe, and disposal of destructive devices as such term is defined by Code Section 16-7-80. Any such mutual aid agreement shall be subject to approval of the governing authority of such law enforcement agency.
(2) A political subdivision which is aided pursuant to this subsection shall reimburse the political subdivision providing the aid for any loss or damage to equipment other than fair wear and tear and shall pay any expenses incurred in the operation and maintenance of such equipment; provided, however, that no such claim shall be al lowed unless, within 60 days after the same is sustained or incurred, the political sub division providing the aid provides to the chief financial officer of the political subdivision receiving the aid an itemized notice of the claim made under oath. The political subdivision which received the aid shall also pay and reimburse the political subdivision furnishing the aid for any overtime compensation paid to any employee furnished under this Code section during the time of the rendering of the aid and shall defray the actual traveling and maintenance expenses of any employee while such em ployee was engaged in rendering the aid. Such reimbursement shall include any

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amounts paid or due for compensation due to personal injury or death while such em ployee was engaged in rendering the aid.
(3) Unless otherwise expressly provided by its terms, a mutual aid agreement estab lished pursuant to this subsection shall not be construed as superseding or amending any mutual aid agreement adopted pursuant to Chapter 6 of Title 25, Chapter 69 of Title 36, or Chapter 3 of Title 38 which applies to emergencies involving explosives or destructive devices.
(c)(l) Whenever a bomb technician, explosive ordnance disposal technician, or handler of an animal trained to detect explosive devices employed by an agency or authority of local government provides assistance at the request of a state agency or authority, such person shall be considered an employee of this state for the purposes of Code Section 50-21-22, subsection (3) of Code Section 34-9-1, and Code Section 45-9-3. Such person shall also be entitled to reimbursement by the requesting agency or authority for actual expenses incurred in the same manner as other employees of the agency or authority.
(2) A state agency or authority receiving assistance from an agency or authority of a local government shall reimburse such political subdivision for any loss or damage, other than fair wear and tear, to any equipment owned by such political subdivision. No claim for the loss, damage, or expense shall be allowed unless, within 60 days after the same is sustained or incurred, the local government submits an itemized notice of the claim under oath to the fiscal officer of the state agency or authority.
(3) A state agency or authority which receives aid from a local government shall also pay and reimburse such political subdivision for any overtime compensation paid to an employee furnished under this Code section during the time of the rendering of the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid.
(d) An employee of a political subdivision or agency or authority thereof who is engaged in the rendering of outside aid pursuant to a mutual aid agreement adopted pursuant to this Code section shall have the same powers, duties, rights, privileges, and immunities as if such employee was engaged in the performing or his or her duties in the political subdivisions in which he or she is normally employed."

SECTION 11.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Day

Dean Egan Gillis Glanton Gochenour
Griffin Harbison Henson Hill
Hooks Johnson of 1st Lamutt Land

Langford Madden Marable McGuire Middleton
Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott

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Slotin
Starr Tanksley

Taylor
Thomas Thompson

Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Edge (excused) Farrow

Guhl (excused) James Johnson of 2nd

Kemp Stokes (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 525. By Senator Broun of the 46th:

A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Gillis Glanton

Gochenour Griffin Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Edge (excused) Farrow

Guhl (excused) James Kemp

Stokes (excused)

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 646. By Senators Oliver of the 42nd, Burton of the 5th, Thomas of the 10th and others:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotat ed, relating to the use of safety belts in passenger vehicles, so as to change provi sions relating to penalties for violations of said Code section.

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The Senate Judiciary Committee offered the following amendment:
Amend SB 646 by adding at the end of line 9 on page 3 the following:
"Such court may, at its discretion, require the defendant to complete a driver improve ment program which includes instruction on the benefits of the use of seat belts."

Senator McGuire of the 30th offered the following amendment:
Amend the committee amendment to SB 646 by adding on line 5 before the word "such": "For the second and each subsequent offense,"
Line 5 change "S" to "a" in the first word.
On the adoption of the amendment to the committee amendment, the yeas were 36, nays 0, and the McGuire amendment to the committee amendment was adopted.
On the adoption of the committee amendment, the yeas were 38, nays 0, and the com mittee amendment was adopted as amended. Senator McGuire of the 30th offered the following amendment:
Amend SB 646 by adding on page 3, after line 23: "For the second and each subsequent violation of this Code Section, such court may, at its discretion, require the defendant to complete a driver improvement program which includes instruction on the benefits of the use of seat belts."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle
Cheeks Clay Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Harbison Henson James Johnson of 2nd Johnson of 1st
Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Slotin Starr
Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative were Senators Brown of the 26th and Hill.

Those not voting were Senators:

Abernathy

Guhl (excused)

Scott

Black

Hooks

Edge (excused)

Kemp

On the adoption of the amendment, the yeas were 47, nays 2, and the McGuire amend ment to SB 646 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was follows:

Those voting in the affirmative were Senators:

Abernathy Black

Blitch Boshears

Bowen Broun of 46th

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Brown of 26th Burton Cheeks Day Dean Egan Farrow Gillis Griffin Harbison Henson Hill
Hooks

James Johnson of 2nd Lamutt Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston

Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Cagle Clay

Crotts Glanton Gochenour

Johnson of 1st Land Langford

Those not voting were Senators:

Edge (excused) Guhl (excused)

Kemp Ragan

On the passage of the bill, the yeas were 43, nays 9.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Turner of the 8th introduced the doctor of the day, Dr Robert Palermo of Lake land, Georgia.

SB 584. By Senators Henson of the 55th, Thomas of the 10th, Boshears of the 6th 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.
The Senate Ethics Committee offered the following substitute to SB 584:
A BILL
To be entitled an Act to enumerate instances of permitted and prohibited political activity for employees of the state in the classified service and to provide for exceptions; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change certain duties of the commissioner of personnel and the State Personnel Board relating to improper political activity by state employees; to list permitted and pro hibited political activities; to provide for rules, regulations, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking in its entirety subsection (b) of Code Section 45-20-4, relating to the commissioner of personnel administration, and inserting in lieu thereof a new subsection to read as follows:

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"(b) The duties and responsibilities of the commissioner shall be:
(1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties;
(2) Consistent with board policy, to administer the operations of the state merit sys tem and to otherwise act in the capacity of chief executive officer of the state person nel administration program;
(3) To submit to the Governor the rules and regulations adopted by the State Person nel Board effectuating the state merit system. Such merit system rules and regula tions when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include pro visions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, and the establishment of registers of persons eligible for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training, and all other phases of merit system administration. Except as provided by Chapter 25 of this title, such Such rules and regulations shall define and prohibit improper polit ical activity by any departmental employee of the State Personnel Board or any em ployee covered under the terms of the state merit system and shall provide that there shall be no discrimination for or against any person or employee in any man ner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or de motion because of political affiliation, religious affiliation, race, creed, national ori gin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Com pensation plans and modifications thereto promulgated under the rules and regula tions of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget;
(4) To administer the rules and regulations and all other operational aspects of the state merit system and to assure compliance therewith in all the departments cov ered by the state merit system;
(5) To appoint and prescribe the duties of the merit system staff, all positions of which shall be included in the classified service, except as otherwise provided in this article;
(6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several de partments covered by the State Merit System of Personnel Administration, provided that upon approval of such budget by the Governor, he or she shall be empowered to direct that the necessary pro rata share of the several assessed departments con cerned be made available for expenditure by the state merit system in the same manner as appropriated funds are expended by other departments of the state;
(7) To ensure compliance with all applicable state and federal statues and regula tions concerning discrimination in employment, personnel administration, and re lated matters;
(8) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy

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in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and
(9) To appoint and prescribe the duties of a deputy commissioner of personnel ad ministration who shall be the second highest executive officer in the state merit sys tem and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel adminis tration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall be in the unclassified service and any of them shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner."
SECTION 2.
Said title is further amended by inserting a new chapter to be designated Chapter 25, to read as follows:
"CHAPTER 25
45-25-1.
Improper political activities by employees in the classified service of the state are prohib ited. The State Personnel Board shall adopt rules governing permitted and prohibited political activity which do not conflict with this chapter and provide penalties for prohib ited political activities by employees in the classified service. 45-25-2.
The following political activities for employees in the classified service are permitted:
(1) Registering to vote;
(2) Voting;
(3) Assisting in voter registration drives;
(4) Running for or holding an elective or appointive office of a political subdivision of this state or any other state or any elective or appointive office of a political party or political organization, provided such an office is not full time and does not conflict with the performance of the individual's official duties as a state employee;
(5) Expressing opinions regarding candidates and issues;
(6) Contributing money to political organizations;
(7) Attending political fundraising functions;
(8) Attending and participating in political rallies and meetings;
(9) Joining and being an active member of a political party or club;
(10) Signing nominating petitions;
(11) Campaigning for or against referendum questions, constitutional amendments, and municipal ordinances;
(12) Campaigning for or against candidates in partisan elections;
(13) Making campaign speeches for candidates in partisan elections; and
(14) Distributing campaign literature in partisan elections.
45-25-3.
Employees in the classified service shall not engage in the following political activities:
(1) Using their official authority or influence to interfere with an election;
(2) Collecting political contributions from state employees;
(3) Knowingly soliciting or discouraging the political activity of any person who has business with the agency employing the employee;

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697

(4) Engaging in political activity or wearing political buttons while on duty;
(5) Engaging in political activity in any government office;
(6) Engaging in political activity while wearing an official uniform of a state agency;
(7) Engaging in political activity while using a government vehicle or in a vehicle for which the state is paying transportation mileage;
(8) Soliciting political contributions from the general public;
(9) Running for or holding any elective state office of this state or any other state or running for or holding elective civil office of the federal government; or
(10) Supporting or opposing the election of any candidate for an elective office which has general or specific supervisory or managerial authority over such employee. 45-25-4.

This chapter shall not apply to employees of the Secretary of State whose duties relate to elections, employees of the Georgia Bureau of Investigation, or administrative law judges. For classified employees in these agencies or work units, improper political activ ity shall be defined and prohibited by rules adopted by the State Personnel Board.
45-25-5.

This chapter shall not apply to employees of the Department of Public Safety. All such employees are prohibited from making contributions to political campaigns in accordance with the provisions of Code Section 35-2-12. Other forms of improper political activity, as well as proper political activity pertaining to classified employees of the Department of Public Safety, shall be defined by rules adopted by the State Personnel Board.
45-25-6.
This chapter shall not apply to employees of the State Board of Pardons and Paroles. All such employees are prohibited from engaging in certain political activity outlined in Code Section 42-9-15. Other forms of improper political activity, as well as proper political activity pertaining to classified employees of the State Board of Pardons and Paroles, shall be defined by rules adopted by the State Personnel Board.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Gillis Griffin Harbison

Henson Hill Hooks James Lamutt Land Langford Madden Marable McGuire Middleton Oliver Perdue

Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Burton Cagle Day

Egan Farrow Glanton Gochenour

Johnson of 1st Newbill Ralston Tysinger

Those not voting were Senators:

Abernathy Edge (excused)

Guhl (excused) Johnson of 2nd

Kemp Walker

On the passage of the bill, the yeas were 38, nays 12.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:17 p.m., the President announced the Senate adjourned.

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699

Senate Chamber, Atlanta, Georgia Thursday, February 15, 1996
Twenty-fourth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1658. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1659. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and others:
A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the date of the commission's abolition.
SB 668. By Senator Gillis of the 20th:
A bill to amend an Act creating the Board of Commissioners of Treutlen County, as amended, so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date.
SB 690. By Senator Ralston of the 51st:
A bill to provide a new charter for the City Of McCaysville; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authori ty of such city and the powers, duties, authority, election, terms, vacancies, com pensation, expenses, qualifications, prohibitions, conflicts of interest, and sus pension and removal from office relative to members of such governing authori ty; to provide for inquiries and investigations.
SB 692. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," as amended, so as to delete certain provisions relating to times of the meetings of such commission.

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JOURNAL OF THE SENATE

SB 163. By Senator Pollard of the 24th.
A bill to amend Code Section 47-7-40 of the Official Code of Georgia Annotated, relating to eligibility to apply for membership in the Georgia Firemen's Pension Fund, so as to provide that any member of the fund, who first became a member of the fund prior to July 1, 1996, may also be a member of the Peace Officers' Annuity and Benefit Fund; to provide a definition; to provide that any person who applies for membership in the fund on or after such date shall not be eligi ble for membership.
HB 813. By Representatives Davis of the 48th and McKinney of the 51st:
A bill 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 fingerprints of each individual who acts as a profession al bondsperson for the professional bonding company seeking to be approved as a surety to the Georgia Crime Information Center.
HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.
HB 726. By Representatives Barnes of the 33rd, Simpson of the 101st and Culbreth of the 132nd:
A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to provide for a definition; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provi sions relating to the use of physical restraints.
HB 1431. By Representative Birdsong of the 123rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of an official duty in connection with Na tional Guard Olympic support activities.
HB 1272. By Representatives Skipper of the 137th and Smith of the 12th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Deal ers' Registration Act," so as to change the definition of a certain term; to change the provisions relating to the selection of the chairperson of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Deal ers and the selection of the chairpersons of the divisions of such board.

THURSDAY, FEBRUARY 15, 1996

701

HB 1255. By Representatives Epps of the 131st, Brown of the 130th, Holland of the 157th and others:
A bill to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to change references from "slum" or "slum area" to "distressed area".
HB 1439. By Representatives Heard of the 89th, Hugley of the 133rd and Culbreth of the 132nd:
A bill go amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance generally, so as to change certain provisions relating to the cancellation or nonrenewal of au tomobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies.
HB 1235. By Representatives Williams of the 83rd, Chambless of the 163rd, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evi dence; to provide for discovery by defendants.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under cer tain conditions, after a radio operator or driver's license examiner has accumu lated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 883. by Representatives Rogers of the 20th, Smith of the 19th and Mills of the 21st:
A resolution designating the John E. Quillian Highway.
The following bills were introduced, read the first time and referred to committees:
SB 734. By Senator Ralston of the 51st:
A bill to be entitled an Act to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to provide for mem bers currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions.
Referred to Committee on State and Local Governmental Operations.
SB 735. By Senators Dean of the 31st, Marable of the 52nd and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow municipalities to form and participate in regional jail authorities; to provide for definitions; to provide for related matters.
Referred to Committee on Corrections, Correctional Institutions and Property.

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JOURNAL OF THE SENATE

SB 736. By Senators Tysinger of the 41st, Oliver of the 42nd, Perdue of the 18th and Turner of the 8th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for a system of digital signatures to au thenticate computer communications; to provide for a short title, purposes, and definitions; to provide for the Secretary of State, or the designee thereof, to be a certification authority and to impose sanctions regarding certificates.
Referred to Committee on Science, Technology and Industry.
SB 737. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and others:
A bill to amend Code Section 50-12-45 of the Official Code of Georgia Annotated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Georgia State Games, so as to authorize the Georgia State Games Commission to incorporate one or more nonprofit corporations.
Referred to Committee on Natural Resources.
SR 567. By Senator Ralston of the 51st:
A resolution memorializing the Congress of the United States to amend the fed eral Food, Drug, and Cosmetic Act and the Public Health Service Act to facili tate the development and approval of new drugs and biologies.
Referred to Committee on Rules.
SR 569. By Senator Langford of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Troup County.
Referred to Committee on Finance and Public Utilities.
SR 570. by Senator Hill of the 4th:
A resolution designating a certain portion of U.S. Highway 280 as the Aden Massey Highway.
Referred to Committee on Transportation.
SR 572. By Senators Ray of the 19th, Starr of the 44th and Bowen of the 13th:
A resolution creating the Joint Study Committee on the Georgia Firemen's Pen sion Fund.
Referred to Committee on Rules. The following bills were read the first time, and referred to committees:
HB 726. By Representatives Barnes of the 33rd, Simpson of the 101st and Culbreth of the 132nd:
A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to provide for a definition; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provi sions relating to the use of physical restraints.
Referred to Health and Human Services Committee.

THURSDAY, FEBRUARY 15, 1996

703

HB 813. By Representatives Davis of the 48th and McKinney of the 51st:
A bill 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 fingerprints of each individual who acts as a profession al bondsperson for the professional bonding company seeking to be approved as a surety to the Georgia Crime Information Center.
Referred to Special Judiciary Committee.
HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.
Referred to Finance and Public Utilities Committee.
HB 1235. By Representatives Williams of the 83rd, Chambless of the 163rd, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evi dence; to provide for discovery by defendants.
Referred to Judiciary Committee.
HB 1255. By Representatives Epps of the 131st, Brown of the 130th, Holland of the 157th and others:
A bill to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to change references form "slum" or "slum area" to "distressed area".
Referred to State and Local Governmental Operations Committee (General).
HB 1272. By Representatives Skipper of the 137th and Smith of the 12th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Deal ers' Registration Act," so as to change the definition of a certain term; to change the provisions relating to the selection of the chairperson of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Deal ers and the selection of the chairpersons of the divisions of such board.
Referred to Consumer Affairs Committee.
HB 1431. By Representative Birdsong of the 123rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of an official duty in connection with Na tional Guard Olympic sport activities.
Referred to Defense and Veterans Affairs Committee.

704

JOURNAL OF THE SENATE

HB 1439. By Representatives Heard of the 89th, Hugley of the 133rd and Culbreth of the 132nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance generally, so as to change certain provisions relating to the cancellation or nonrenewal of au tomobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies.
Referred to Insurance and Labor Committee.

HR 883. By Representatives Rogers of the 20th, Smith of the 19th and Mills of the 21st: A resolution designating the John E. Quillian Highway.
Referred to Transportation Committee.

HB 1658. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.

HB 1659. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Johnson of the 97th:

A bill to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the date of the commision's abolition.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Agriculture has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 657. Do pass.

HB 1437. Do pass.

Respectfully submitted, Senator Ragan of the llth District, Chairman

Mr. President:
The Committee on Finance and Public Utilities has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 756. Do pass.

HB 1403. Do pass.

HB 1226. Do pass by substitute.

HB 1487. Do pass.

HB 1364. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

THURSDAY, FEBRUARY 15, 1996

705

Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol
lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1372. Do pass as amended.
Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:
The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 173. Do pass by substitute.

HB 506. Do pass.

HB 213. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions and bill of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 523. Do pass.

SR 399. Do pass.

SB 612. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 643. Do pass by substitute.

SB 686. Do pass as amended.

SB 659. Do pass by substitute.

SB 715. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 723. Do pass.

HB 1598. Do pass.

HB 1393. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

706

JOURNAL OF THE SENATE

Mr. President:

The Committee on Transportation has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 169. Do pass.

SR 507. Do pass.

SR 506. Do pass.

Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 593 SB 696

HB 660 HB 1239

SB 598

HB 966

SB 654

HB 1156

Senator Cagle of the 49th introduced the doctor of the day, Dr. Greg Yost.
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 Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt 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 answering were Senators:

Abernathy Cheeks

Johnson of 2nd Scott

The President led the senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Burton of the 5th introduced the chaplain of the day, Reverend Fred Hall, pastor of Oak Grove United Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
Senator Marable of the 52nd introduced Georgia Industrial Technical Educators Asso ciation members, commended by SR 393, adopted previously.
The following resolutions were read and adopted.

SR 563. By Senators Brown of the 26th, Gochenour of the 27th, Griffin of the 25th and Perdue of the 18th:
A resolution welcoming citizens and public officials from Macon and Bibb County and observing February 21, 1996, as Macon Area Legislative Day.

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707

SR 571. By Senators Pollard of the 24th, Griffin of the 25th and Ray of the 19th: A resolution commending and honoring Mr. and Mrs. Martin L. Bass.

SR 573. By Senator Dean of the 31st: A resolution commending Fred Gunn.

SR 574. By Senator Dean of the 31st: A resolution commending Carl Lewis Tidwell.

SR 575. By Senators Brown of the 26th and Perdue of the 18th:
A resolution commending Pilot International and observing Pilot International Day in Georgia.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, February 15, 1996
TWENTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 723 Middleton, 50th UNION COUNTY
To provide legislative intent; to provide that the chief magistrate of the Magis trate Court shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County.

HB 1393 Gochenour, 27th LAMAR COUNTY
To create the Lamar County Livestock and Agricultural Exposition Authority.

HB 1598 Gochenour, 27th CITY OF BARNESVILLE

To amend an Act providing a new charter, so as to provide for a homestead exemption for persons over age 65.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Guhl Harbison Henson Hill

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JOURNAL OF THE SENATE

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott

Not voting were Senators Abernathy and Farrow.

Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

On the passage of the local bills the yeas were 54, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
Senator Griffin of the 25th spoke to SR 444 and introduced the late Senator Culver Kidd's widow, Dottie, and son Rusty, who addressed the Senate briefly.
The President, former Senator Joe Kennedy, and Senators Scott of the 36th, Gillis of the 20th and Broun of the 46th offered eulogies in memory of the late Senator Culver Kidd.
SENATE RULES CALENDAR
Thursday, February 15, 1996 TWENTY-FOURTH LEGISLATIVE DAY

SB 675 Corrections Commissioner--certain contracting authority (Substitute) (Corr --12th)
SB 661 Bad Checks--maximum charge (S Judy--28th)
SB 542 Professional Counselor Licensing--exempt certain Labor Department employ ees (H&HS--47th)
SB 645 Education Grants--magnet or theme schools (Substitute) (Ed--42nd)
SB 19 Textbooks--relating to disclosure of contributions (Substitute) (Ethics--56th)
SB 667 Campaign Contributions--person acting on behalf of certain utility corporation (Ethics--23rd)
SR 457 Conveyance of State Property, Certain Counties--authorize (Substitute) (F&PU--44th)
SB 480 State War Veterans' Home--operation, privatization (SLGO-G--25th)
SB 481 State Institutions--restrictions on privatization (SLGO-G--25th) Respectfully submitted,
/s/ Scott of the 36th, Chairman Senate Rules Committee

THURSDAY, FEBRUARY 15, 1996

709

The following general bills were read the third time and put upon their passage:
SB 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates.
The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to SB 675:
A BILL
To be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates; to author ize the designation of contracting parties as law enforcement units; to provide for the adop tion of rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, is amended by striking Code Section 42-2-8, relating to the additional duties of the commissioner, and inserting in its place a new Code Section 42-2-8 to read as follows:
"42-2-8.
The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commis sioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board. The commissioner or his the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisi tion of professional and personal employment services and for the leasing of real prop erty. The commissioner shall also be authorized to make and execute any contract for the design, construction, operation, maintenance, use, lease, or management of a state cor~ rectional institution or for any services pertaining to the custody, care, and control oT inmates or other functions as are related to the discharge of these responsibilities and to Hesignate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-27'
SECTION 2.
Said chapter is further amended by striking Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, in its entirety and inserting in its place a new Code Section 42-2-11 to read as follows:

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JOURNAL OF THE SENATE

"42-2-11.

(a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdiction provided for in this title or as otherwise provided by law.
(b) The board is authorized to adopt, establish, and promulgate rules and regulations governing the transaction of the business of the penal system of the state by the depart ment and the commissioner and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision and shall make the institutions as self-supporting as possible.
(c) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(d) The board shall also adopt rules and regulations governing the conduct and the wel fare of the employees of the state institutions operating under its authority and of the county correctional institutions and correctional facilities or programs operating under its supervision. It shall prescribe the working hours and conditions of work for employees in the office of the commissioner and in institutions operating under the authority of the board.
(e) The board shall also adopt rules and regulations governing the negotiation and execu tion of any contract tor the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the cus tody, care, and control of inmates or other functions as are related to the discharge of these responsibilities.
(eXf) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations.
ffl(g) As used in this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule' is defined in paragraph (6) of Code Section 50-13-2."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour

Guhl Harbison Hooks Johnson of 1st Kemp Lamutt Land Langford Madden

THURSDAY, FEBRUARY 15, 1996

711

Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin

Starr Tanksley Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Black Blitch

Hill James

Those not voting were Senators:

Abernathy Griffin

Henson Stokes

Johnson of 2nd Thomas
Walker

On the passage of the bill, the yeas were 45, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Dean of the 31st moved that SB 675 be immediately transmitted to the House.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 675 was imme diately transmitted.
Senator Oliver of the 42nd introduced Ms. Wanda Pierce Mack, State 1995 Georgia Occupational Award of Leadership recipient, commended by SR 561, adopted previously.
The Calendar was resumed.

SB 661. By Senator Edge of the 28th:

A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the maximum amount which a payee may charge the maker of a check, draft, or order as a service charge; to provide for the provisions relating to written demand.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Brown of 26th
Burton Cagle
Cheeks Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton Griffin
Guhl
Harbison Henson Hill
Hooks James
Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton
Newbill
Oliver Perdue Pollard
Ragan Ralston
Ray Slotin Starr Thomas Thompson Turner Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Gochenour Scott

Stokes Tanksley

Taylor Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 542. By Senator Madden of the 47th:

A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Annotat ed, relating to licensing requirements and exceptions applicable to professional counselors, social workers, and marriage and family therapists, so as to provide an exception with respect to persons engaged in the practice of a specialty as an employee of the Department of Labor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Gillis

Griffin Guhl
Harbison Henson Hill
Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver
Perdue Pollard Ragan
Ralston Ray Scott Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Edge Egan Farrow

Gochenour Johnson of 2nd

Stokes Walker

On the passage of the bill, the yeas were 48, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Clay of the 37th moved that Senator Tanksley of the 32nd be excused to attend his father's funeral. On the motion, the yeas 35, nays 0; the motion prevailed, and Senator Tanksley was excused.

THURSDAY, FEBRUARY 15, 1996

713

SB 645. By Senators Oliver of the 42nd, Perdue of the 18th and Ray of the 19th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for a grant program for public schools which are magnet or theme schools or offer extended school hours or school days; to provide for standards and proce dures relating to such programs; to provide for use of appropriations.
The Senate Education Committee offered the following substitute to SB 645:
A BILL
To be entitled an Act to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for a grant program for public schools which are magnet or theme schools or offer extended school hours or school days; to provide for definitions; to provide for standards and proce dures relating to such programs; to provide for use of appropriations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to grants for educational programs, is amended by adding at the end a new Code sec tion to read as follows:
"20-2-257.
(a) As used in this Code section, the term:
(1) 'Magnet school' means a school which includes specialized educational programs in specified subject areas which are offered as a part of the school's standard curriculum.
(2) 'Theme school' means a school which includes specialized educational programs in specified subject areas which are the focus of the entire school.
(b) There is created a grant program for county and independent school systems which offer school choice within their districts or across school district boundaries through mag net or theme schools or through extended school hours or school days in elementary, middle, and high schools. A school or program which exists prior to July 1,1996, shall not be ineligible for a grant under this Code section if the school or program otherwise quali fies under this Code section. The State Department of Education by regulation shall es tablish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection and is a qualifying school thereunder.
(c) Grants under this Code section shall be subject to appropriation by the General Assembly. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Farrow Glanton Johnson of 2nd

Scott Starr

Tanksley (excused) Walker

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 19. By Senators Newbill of the 56th, Clay of the 37th, Gochenour of the 27th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide for disclosure of the making and accepting of contributions and expenditures with respect to textbooks; to provide for definitions; to provide for the filing and contents of disclosure re ports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission.
The Senate Ethics Committee offered the following substitute to SB 19:
A BILL
To be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions relative to public officers and employees, so as to pro vide for disclosure of the making and accepting of gifts to public employees by vendors; to provide for definitions; to provide for the filing and contents of disclosure reports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission; to provide for venue; to provide for a criminal penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provi sions relative to public officers and employees, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-6, to read as follows:

THURSDAY, FEBRUARY 15, 1996

715

"45-1-6.

(a) As used in this chapter, the term:
(1) 'Commission' means the State Ethics Commission created under Code Section 21-54.
(2) 'Gift' means a gratuity, subscription, membership, trip, meal, loan, extension of credit, forgiveness of debt, advance or deposit of money, or anything of value; provided, however, that any single item valued less than $25.00 shall not be a gift.
(3) 'Person' means an individual, partnership, committee, association, corporation, la bor organization, or any other organization or group of persons.
(4) 'Public employee' means every person employed by the executive, legislative, or ju dicial branch of state government or any department, board, bureau, agency, commis sion, or authority thereof. This shall not include elected officials.
(5) Vendor' means any person who sells to or contracts with any branch of state gov ernment or any department, board, bureau, agency, or commission thereof for the pro vision of any goods or services.
(b) Any vendor who, either directly or through another person, makes a gift to a public employee shall file a disclosure report with the commission in the form specified by the commission listing the amount and date of receipt, the name and mailing address of any vendor making the gift, and the name, address, and position of the public employee re ceiving such gift.
(c) Each disclosure report required by subsection (b) of this Code section shall be filed with the commission not later than February 1 of each year and shall cover the preceding calendar year.
(d) A report required by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to adminis ter oaths. Each report required in a calendar year shall contain cumulative totals of all gifts which have been made or received and which are required to be reported.
(e) In addition to other penalties provided under this Code section, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
(f) The commission is vested with the same powers with respect to this Code section as enumerated in Code Section 21-5-6.
(g) Venue for prosecution of civil violations of this Code section or for any other action by or on behalf of the commission shall be in the county of residence of the accused person at the time of the alleged violation or action.
(h) Any person who knowingly fails to comply with or knowingly violates this Code sec tion shall be guilty of a misdemeanor."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

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JOURNAL OF THE SENATE

Crotts Day Dean Edge Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Farrow Johnson of 2nd

McGuire Starr

Stokes Tanksley (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 667. By Senator Cheeks of the 23rd:

A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to a candidate or campaign committee or for re call of a public officer, so as to change the provisions relating to persons acting on behalf of a public utility corporation regulated by the Public Service Commis sion; to provide for an exception.

Senator Perdue of the 18th moved that he be excused from voting on SB 667, pursuant to Rule 175. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Perdue of the 18th was excused from voting.
Senator Edge of the 28th offered the following amendment:
Amend SB 667
by striking on line 21 of page 1 the following "whose rates" and inserting "who"
On the adoption of the amendment, Senator Cheeks of the 23rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Burton Day Edge

Egan Glanton Gochenour Guhl Johnson of 1st

Lamutt Newbill Oliver Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Cagle Cheeks Clay Crotts

Dean Farrow Gillis Griffin Harbison Henson Hill Hooks James

Kemp Land Langford Madden Marable McGuire Middleton Pollard Ragan

THURSDAY, FEBRUARY 15, 1996

717

Ralston Ray Slotin

Starr Stokes Taylor

Those not voting were Senators:

Brown of 26th Johnson of 2nd

Perdue (excused) Scott

Thompson Turner Walker
Tanksley (excused) Thomas

On the adoption of the amendment, the yeas were 14, nays 36, and the Edge amend ment to SB 667 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:

Blitch Boshears
Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts
Dean Farrow

Gillis Griffin
Harbison Henson
Hill Hooks James Kemp Langford Madden
Marable McGuire

Middleton Pollard
Ragan Ray
Slotin Starr Stokes Taylor Thomas Thompson
Turner Walker

Those voting in the negative were Senators:

Abernathy Balfour Black
Day Edge Egan

Glanton Gochenour Guhl
Johnson of 1st Lamutt

Land Newbill Oliver
Ralston Tysinger

Those not voting were Senators:

Johnson of 2nd Perdue (excused)

Scott Tanksley (excused)

On the passage of the bill, the yeas were 36, nays 16.
The bill, having received the requisite constitutional majority, was passed.
Senator Cheeks of the 23rd moved that SB 667 be immediately transmitted to the House.
On the motion, the yeas were 32, nays 5; the motion prevailed, and SB 667 was imme diately transmitted.

SR 457. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Houston, Irwin, Lumpkin, Rabun, Richmond, Wayne, and White Counties, Georgia; to provide an effective date.
Senator Starr of the 44th moved that SR 457 be postponed until February 19, 1996.

718

JOURNAL OF THE SENATE

On the motion, the yeas were 40, nays 0; the motion prevailed, and SR 457 was post poned until February 19, 1996.
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 1019. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 95th and Connell of the 115th:
A resolution relative to adjournment.
The following resolution was read and put upon its adoption:

HR 1019. By: Representative Murphy of the 18th, Walker of the 141st, Lee of the 94th, Buck of the 135th and Connell of the 115th:

A RESOLUTION

Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 15, 1996, and shall reconvene on Monday, February 19, 1996.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan
Farrow

Gillis Glanton
Gochenour Griffin Guhl Harbison
Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton
Newbill Oliver Perdue Ragan
Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Cheeks Henson Johnson of 2nd

Pollard Scott

Tanksley (excused) Walker

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Edge of the 28th moved that Senator Clay of the 37th be excused to attend a funeral. On the motion, the yeas were 48, nays 0; the motion prevailed, and Senator Clay was excused.

THURSDAY, FEBRUARY 15, 1996

719

The Calendar was resumed.

SB 480. By Senators Griffin of the 25th, Black of the 53rd, Boshears of the 6th and others:

A bill to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia State War Veterans' Home, so as to
impose certain conditions on the operation of said veterans' home; to prohibit the privatization of the operation of the veterans' home except under certain conditions; to provide exceptions for incidental services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black
Blitch Boshears Griffin Harbison

Henson
James Johnson of 2nd Kemp Scott

Slotin
Stokes Thomas Walker

Those voting in the negative were Senators:

Balfour Bowen
Broun of 46th Brown of 26th Burton
Cagle
Cheeks Crotts Day Dean
Edge Egan Farrow

Gillis Glanton
Gochenour Guhl Hill
Hooks
Johnson of 1st Lamutt Land Langford
Madden Marable McGuire

Middleton Newbill
Oliver Perdue Pollard
Ragan
Ralston Ray Starr Taylor
Thompson Turner Tysinger

Those not voting were Senators:

Abernathy

Clay (excused)

Tanksley (excused)

On the passage of the bill, the yeas were 14, nays 39.
The bill, having failed to receive the requisite constitutional majority, lost.
SB 481. By Senators Griffin of the 25th, Black of the 53rd, Stokes of the 43rd and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organizaiton of the executive branch of state government, so as to place restrictions on the privatization of operations of state institutions; to pro vide that institutions may be operated under contracts with other institutions, departments, and agencies but may not be operated under contracts with pri vate providers or vendors.
Senator Griffin of the 25th moved that SB 481 be committed to the State and Local Governmental Operations Committee (General).
On the motion, the yeas were 50, nays 0; the motion prevailed, and SB 481 was com mitted to the State and Local Governmental Operations Committee (General).

720

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 1317. By Representatives Poston of the 3rd, McBee of the 88th, Heard of the 89th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide definitions; to require the posting of notices by certain govern mental agencies concerning the application or use of pesticides or hazardous chemicals in certain buildings or any public park, schoolyard, or playground.
At 1:55 P.M., Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M. and at that time, pursuant to HR 1019, adjourn until 10:00 A.M. on Monday, February 19, 1996; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

MONDAY, FEBRUARY 19, 1996

721

Senate Chamber, Atlanta, Georgia Monday, February 19, 1996 Twenty-fifth Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of Thursday, February 15, 1996, 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 communication was received from the Governor:

STATE OF GEORGIA Office of the Governor Atlanta 30334-0900

MEMORANDUM

TO:

House, Senate, and Secretary of State

FROM: Mark H. Cohen

DATE: February 16, 1996

RE:

Line Item Vetoes in House Bill 1186

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1186:
Section 46, Page 44, last paragraph beginning, "In order to aid the Department in the discharge of its powers and duties . . ."
Section 56, Page 47
GOVERNOR'S VETOES IN HOUSE BILL 1186
Section 46 pertaining to the Department of Transportation, page 44, lines 1980 through 1983:
HB 1186 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, the language is unnecessary. This language has been vetoed previously.
Section 56 pertaining to federal funds, page 47, lines 2084 through 2088:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language inhibits the State from accepting additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.
Excerpt from Section 46, page 47:
111 01 Q.Gi7 tO iiiCl Llic Uc^itiTtJH^iTC iil triti CU.SCll3.i*6 ^)t ItS JJOW^irS flilCi ClU-ticS plii'SU.iliVC CO kjcC-
tiOIir32-2-2 OI tilt OifiCifll (Jod.6 OI (JrcOlgifl. Aj.ltlOt&t6u,7 3.IK1 lH COiHpliflllCG With oGCtiOil OK-A*
41(b)(l), O.C.G.A., the Department is authumed to transfer position counts between

722

JOURNAL OF THE SENATE

budget functium provided thai, the Department's total position count shall uul exceed the
illtlXi ill Uiil liLLiHucil" GI StiUlUili pOSitiOiiS JiSAi^iicu uy L3.W,
Section 56.
j. n6rs ~is nGr6Dy flpprop/ijitcu & sp6Czlic sum ot I' eu6i'&i gr^uit iuiiufe, s&id 5p6Cjiic smii being equal to the total of the Federal grant funds available in excess uf tlie auiuuiilh uf sue 11 fundsa.ppropri3tfcdin uic luA^gomg sections 01 tliis Act, tor Lliti piirposQ or 5U.ppldiit.mgf
ippi upliclwitl otiErtc IU.ilu.Sj WfliCll kjL<d.l iLLiiClS Mlci.Il tlT6.T6U.p011 DC Uil<lVfl.il3.D16 101 tXpcUdir ttU'6UHlGSS r6-3.pprOpI*tlt6u uV 1116(jrGOl'j^iilu6il61*Htl AiSSciliDly. M JtliS pi'OViSiOil 6113.11 ilOli
apply to project giant funds not apyiopiiatod in this Act. 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 1511. By Representative Walker of the 87th:
A bill to provide that the judge of the Probate Court of Walton County shall have jurisdiction to try all misdemeanor cases arising in the county where the defend ant waives a jury trial and pleads guilty to such misdemeanor.
HB 1673. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
HB 1674. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to create the Troup Family Connection Authority.
HB 1676. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to change the provisions relating to the compensation and benefits of such of ficer.
HB 1678. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the Richmond Hill Area Convention and Visitors Bureau Author ity as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tour ism, conventions, and trade shows in Richmond Hill and Bryan County.
HB 1679. By Representatives Floyd of the 138th, James of the 140th and Walker of the 141st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as provided by law.

MONDAY, FEBRUARY 19, 1996

723

HB 1680. By Representatives Perry of the llth and Smith of the 12th:
A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies.
HB 1675. By Representative Day of the 153rd:
A bill to provide a homestead exemption from City of Tybee Island ad valorem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
HB 1296. By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
HB 1405. By Representative Greene of the 158th:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, so as to authorize the Commissioner of Agriculture to permit the use of electronic warehouse receipts and to accept electronic ware house receipts obtained by warehousemen from bonded electronic warehouse re ceipt providers approved by and under an operational agreement.
HB 1388. By Representative Kinnamon of the 4th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to revise provisions relating to negotiable instruments and bank deposits and collections; to change certain definitions; to provide that an explicit reservation of rights is not effective as to an accord and satisfaction.
HB 1443. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes.
HB 1287. By Representatives Sherrill of the 62nd, Shanahan of the 10th, Jenkins of the 110th and others:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial drug related activity occurs may be declared a nuisance.

724

JOURNAL OF THE SENATE

HB 1283. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend Code Section 31-7-75. 1 of the Official Code of Georgia Annotat ed, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care.
HB 1400. By Representative Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition of "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.
HB 1338. By Representatives Williams of the 114th, Ehrhart of the 36th and Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act".
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 853. By Representative Coleman of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Dodge County.
The following bills were introduced, read the first time and referred to committees:
SB 738. By Senators Farrow of the 54th and Black of the 53rd:
A bill to repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide that juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or more separately appointed judges of the juvenile courts.
Referred to Committee on State and Local Governmental Operations.
SB 739. By Senator Walker of the 22nd:
A bill to amend Code Section 43-15-6 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Registration for Professional Engi neers and Land Surveyors, so as to authorize such board to employ a full-time attorney to assist the board in carrying out its functions; to provide for duties for the board's legal assistant; to provide for the qualifications and compensation of such legal assistant.
Referred to Committee on Consumer Affairs. The following bills were read the first time and referred to committees:
HB 1283. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend Code Section 31-7-75. 1 of the Official Code of Georgia Annotat ed, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care.
Referred to Health and Human Services Committee.

MONDAY, FEBRUARY 19, 1996

725

HB 1287. By Representatives Sherrill of the 62nd, Shanahan of the 10th, Jenkins of the 110th and others:
A bill to amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, so as to provide that real property upon which substantial drug related activity occurs may be declared a nuisance.
Referred to Judiciary Committee.
HB 1296. By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1317. by Representatives Poston of the 3rd, McBee of the 88th, Heard of the 89th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide definitions; to require the posting of notices by certain govern mental agencies concerning the application or use of pesticides or hazardous chemicals in certain buildings or any public park, schoolyard, or playground.
Referred to Agriculture Committee.
HB 1338. by Representative Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Patient Protection Act".
Referred to Insurance and Labor Committee.
HB 1388. By Representative Kinnamon of the 4th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to revise provisions relating to negotiable instruments and bank deposits and collections; to change certain definitions; to provide that an explicit reservation of rights is not effective as to an accord and satisfaction.
Referred to Judiciary Committee.
HB 1400. By Representative Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition of "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.
Referred to Finance and Public Utilities Committee.

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HB 1405. By Representative Greene of the 158th:
A bill to amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, so as to authorize the Commissioner of Agriculture to permit the use of electronic warehouse receipts and to accept electronic ware house receipts obtained by warehousemen from bonded electronic warehouse re ceipt providers approved by and under an operational agreement.
Referred to Agriculture Committee.
HB 1443. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes.
Referred to Finance and Public Utilities Committee.
HR 853. By Representative Coleman of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Dodge County.
Referred to Finance and Public Utilities Committee.
HB 1511. By Representative Walker of the 87th:
A bill to provide that the judge of the Probate Court of Walton County shall have jurisdiction to try all misdemeanor cases arising in the county where the defend ant waives a jury trial and pleads guilty to such misdemeanor.
Referred to State and Local Governmental Operations Committee.
HB 1673. By Representative Greene of the 158th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.
Referred to State and Local Governmental Operations Committee.
HB 1674. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to create the Troup Family Connection Authority.
Referred to State and Local Governmental Operations Committee.
HB 1676. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, so as to change the provisions relating to the compensation and benefits of such of ficer.
Referred to State and Local Governmental Operations Committee.

MONDAY, FEBRUARY 19, 1996

727

HB 1678. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to create the Richmond Hill Area Convention and Visitors Bureau Author ity as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tour ism, conventions, and trade shows in Richmond Hill and Bryan County.
Referred to State and Local Governmental Operations Committee.

HB 1679. By Representatives Floyd of the 138th, James of the 140th and Walker of the 141st:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as provided by law.
Referred to State and Local Governmental Operations Committee.

HB 1680. By Representatives Perry of the llth and Smith of the 12th:
A bill to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, so as to change the manner of filling such vacancies.
Referred to State and Local Governmental Operations Committee.

HB 1675. By Representative Day of the 153rd:
A bill to provide a homestead exemption from City of Tybee Island ad valorem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Appropriations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 635. Do pass by substitute.

SB 703. Do pass.

Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President:
The Committee on Health and Human Services has had under consideration the fol lowing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 409. Do pass by substitute.

SB 705. Do pass by substitute.

SB 687. Do pass by substitute.

HB 844. Do pass by substitute.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

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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 1208. Do pass.

HB 1299. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 724. Do pass.

HB 1152. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1601. Do pass.

HB 1607. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 581. Do pass by substitute.

HB 1231. Do pass as amended.

SB 695. Do pass as amended.

HB 1355. Do pass as amended.

HB 1203. Do pass.

HB 1454. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 169 SR 399 HB 506 HB 1437

SB 643 SR 506 HB 756 HB 1487

SB 657 SR 507 HB 1226

SB 659 SR 523 HB 1364

SB 686 HB 173 HB 1372

SB 715 HB 213 HB 1403

Senator Ray of the 19th, President Pro Tempore, 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

MONDAY, FEBRUARY 19, 1996

729

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard

Those not answering were Senators:

Abernathy Black

James Ray (presiding)

Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger
Thomas Walker

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced Paul Lyre of the Cartersville High School Band, who played the National Anthem, on the trumpet.
Senator James of the 35th introduced Selena Cantrell of Tri Cities High School, who sang a gospel hymn.
Senator Turner of the 8th, introduced the chaplain of the day, Dr. Rudolph Howell of Valdosta, Georgia, who offered scripture reading and prayer.
The President assumed the Chair.
The following communication was received by the Secretary:
February 19, 1996

Mr. Eldridge,
Please be advised that I have been in attendance all day on Monday, February 19, 1996. At 10 A.M., however, I was held up in the House Education Committee meeting addressing SB 214 which has been in that committee since February of 1995.
I missed roll call by seconds. Therefore, I request that the journal reflect the reason that I did not answer "yea" for roll call.
Respectfully submitted, Is/ Donzella J. James,
Senate, 35th District
Senator McGuire of the 30th introduced the doctor of the day, Dr. Ray Fowler of Douglasville, Georgia.
Senator Black of the 53rd introduced Sheriff Al Millard of Walker County, commended by SR 538, adopted previously.
The following resolutions were read and adopted:

SR 576. By Senator Perdue of the 18th: A resolution commending Houston County High School.

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SR 577. By Senators Perdue of the 18th, Marable of the 52nd and Hill of the 4th:
A resolution commending the Professional Association of Georgia Educators (PAGE) Foundation, the Georgia Institute of Technology (Georgia Tech), and the directors of the United States Academic Decathlon (USAD).

SR 579. By Senator Ray of the 19th:
A resolution commending Marilyn and Donnie Smith.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, February 19, 1996
TWENTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1601 Blitch, 7th Bowen, 13th COOK COUNTY
To amend an Act providing that the judge of the Probate Court shall serve as chief magistrate of the Magistrate Court, so as to provide that the chiefjudge of the superior court shall appoint the chief magistrate.

HB 1607 Bowen, 13th Ray, 19th BEN HILL COUNTY

To provide that all vehicles shall be registered and licensed to operate for calen dar year 1988 and thereafter during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Henson
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

MONDAY, FEBRUARY 19, 1996

731

Those not voting were Senators:

Brown of 26th

Hill

Thomas

On the passage of the local bills, the yeas were 53, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
SENATE RULES CALENDAR Monday, February 19, 1996
TWENTY-FIFTH LEGISLATIVE DAY
SB 630 Libraries Used by Minors--criminal penalty, exhibiting harmful materials (Substitute) (S Judy--48th)
SB 712 Hunting Bear, Turkey, Deer--suspend license two years, certain convictions (Nat R--20th)
SB 696 Inmate Destruction of Property--legal proceedings to recover expenses (Corr --31st)
SB 428 Multiyear Contracts--political subdivisions, school systems (Substitute) (F&PU--44th)
SR 528 Bibb County--lease of certain state owned property (F&PU--18th)
SB 682 Local Government--provide for community improvement districts (SLGO-G --28th)
SR 458 Telecommunication, Utility Easements, Certain Counties-authorize (F&PU --44th)
SB 616 Child Custody--presumption of joint, legal physical custody (Substitute) (S Judy--54th
SB 654 Children's Trust Fund Commission--funds for family resource programs (Judy--42nd)
SB 658 Taxis, Limos--provide medical insurance for injury, death due to negligence (Substitute) (I&L--38th)
SB 670 Judgment and Execution--executions may be canceled within certain time (S Judy--44th)
SR 459 Pedestrian Walks, Water Line Easements--certain counties (F&PU--44th)
SR 457 Conveyance of State Property, Certain Counties--authorize (Substitute) (Amendment) (F&PU--44th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

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The following general bills were read the third time and put upon their passage:

SB 630. By Senators Day of the 48th, Balfour of the 9th, Dean of the 31st and Gillis of the 20th:
A bill to amend Code Section 16-12-104 of the Official Code of Georgia Annotat ed, relating to the library exception to the criminal penalties for exhibiting to children materials harmful to minors, so as to remove such exception for any library which is frequented by minors.
The Senate Special Judiciary Committee offered the following substitute to SB 630:
A BILL
To be entitled an Act to amend Chapter 5 of Title 20 of the Official Code of Georgia Anno tated, relating to libraries, so as to provide that certain libraries shall adopt and implement policies which reasonably restrict the access of minors to materials which are harmful to minors and which are physically stored at any such library; to define a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, is amended by adding following Article 3 a new Article 4 to read as follows:

"ARTICLE 4

20-5-80.

(a) As used in this Code section, the term "harmful to minors' shall have the meaning set forth in Code Section 16-12-102.
(b) All city public libraries, county public libraries, and regional public libraries estab lished pursuant to Article 2 of this chapter and all libraries located in any public elemen tary, middle, or high school shall adopt and implement policies which reasonably restrict the access of minors to materials which are harmful to minors and which are physically stored at any such library."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay

Day Dean
Edge Egan Farrow Gillis Glanton Gochenour Guhl Henson Hill

Hooks Johnson of 1st
Kemp Lamutt Land Madden Marable McGuire Middleton Newbill Perdue

MONDAY, FEBRUARY 19, 1996

733

Pollard Ragan
Ralston Ray

Scott Slotin
Starr Tanksley

Taylor Thompson Tysinger

Those voting in the negative were Senators:

Brown of 26th
Crotts Griffin

Harbison
James Langford

Oliver Stokes

Those not voting were Senators:

Johnson of 2nd Thomas

Turner Walker

On the passage of the bill, the yeas were 44, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 712. By Senators Gillis of the 20th, Bowen of the 13th and Hooks of the 14th:

A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to provide that a conviction of certain offenses relating to the hunting of bear, tur key, or deer shall result in a two-year suspension of hunting privileges; to pro vide a penalty.

Senator Gillis of the 20th offered the following amendment: Amend SB 712 by striking on page 1, line 4 "hunting"
and inserting "taking or possession"
and by striking on page 1, line 17 "relating to" and inserting "when such violation involves the taking or possession of a"
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Hooks James
Johnson of 2nd Johnson of 1st Kemp
Lamutt Land Langford Madden Marable

Gillis

McGuire

Newbill Oliver Perdue Pollard Ragan
Ralston Ray Scott Slotin
Starr Stokes Tanksley
Taylor Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Voting in the negative was Senator Black. Not voting were Senators Middleton and Thomas. On the passage of the bill, the yeas were 53, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SB 696. By Senators Dean of the 31st, Edge of the 28th, Ray of the 19th and Marable of the 52nd:

A bill to amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deductions from inmates' accounts for destruction of property, medi
cal treatment, and other causes, so as to provide that in the event an inmate does not have sufficient funds in his or her account to cover such expenses, the officer in charge of the institution may initiate legal proceedings.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Black

Egan Thomas

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Brown of the 26th moved that Senator Thomas of the 10th be excused due to business. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Thomas was excused.

SB 428. By Senators Starr of the 44th, Cheeks of the 23rd and Perdue of the 18th:
A bill to change provisions of the Official Code of Georgia Annotated, relating to the authority of political subdivisions of the state to enter into multiyear con tracts; to amend Code Section 20-2-506 of the Official Code of Georgia Annotat ed, relating to multi-year contracting powers of school systems, so as to provide that such contracting powers shall not apply with respect to real property.

MONDAY, FEBRUARY 19, 1996

735

The Finance and Public Utilities Committee offered the following substitute to SB 428:
A BILL
To be entitled an Act to amend Code Section 20-2-506 of the Official Code of Georgia Anno tated, relating to multiyear contracting powers of school systems, so as to provide that such contracting powers shall not apply with respect to real property; to provide for related mat ters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to multiyear con tracting powers of school systems, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;
(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed:; and
(4) The total annual payments for such contracts in any calendar year shall not exceed an amount equal to 7.5 percent of the local ad valorem taxes collected for maintenance and operation of the school system in the previous calendar year."
SECTION 2.
Said Code section is further amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) When any local board of education on or after July 1, 1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calen dar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal prop erty, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt."
SECTION 3.
This Act shall become effective July 1, 1996. Nothing in this Act shall be construed to invalidate or impair any contract entered into prior to said effective date.

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SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th offered the following amendment:
Amend the Senate Finance and Public Utilities Committee substitute to SB 428 by striking "provide that such contracting powers shall not apply with respect to real property;" from lines 3 and 4 of page 1 and inserting in its place the following:
"provide for conditions and limitations with respect to such contracting powers;".
By striking "real and" and inserting in it place "real and" on line 18 of page 1.
By striking lines 4 through 8 of page 2 and inserting in its place the following:
"(4) The total combined annual payments for contracts under this Code section and con tracts of such school system under Article IX, Section III, Paragraph I of the Constitution in any calendar year shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system in the most re cently completed fiscal year.'"
By striking lines 9 through 23 of page 2.
By redesignating Sections 3 and 4 as Sections 2 and 3, respectively.
Senators Clay of the 37th, Edge of the 28th and Newbill of the 56th offered the follow ing substitute to SB 428:
A BILL
To be entitled an Act to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to transfer certain equipment, positions, and appropriations from the Department of Educa tion; to provide for membership in retirement systems under certain circumstances; to pro vide for the continuation of applicable rules and regulations; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously per formed by the Department of Education and Department of Human Resources; to define terms; to provide for the appointment of a director; to establish the duties, powers, and authority of the director; to provide for the promulgation of rules and regulations; to estab lish the powers and duties of the office; to transfer certain equipment, positions, and appro priations from other agencies; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applicable rules and regulations; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary, secondary, and adult education, so as to remove the State Board of Education's general supervisory and personnel authority over the Department of Education and to grant such supervisory and personnel authority to the State School Superintendent; to pro vide the State School Superintendent with the authority to hire, promote, and terminate employees, to enter into contracts, and to grant waivers; to provide that the Department of Agriculture rather than the Department of Education shall be responsible for school break fast and lunch programs; to abolish all employment positions within the Department of Education effective at the close of business on June 30, 1996; to provide that such con tracting powers shall not apply with respect to real property; to authorize the State School Superintendent to reorganize and reopen the Department of Education on July 1, 1996; to provide for reemployment rights of terminated Department of Education employees; to re move the State Board of Education's authority over county and regional libraries and to grant such authority to the Department of Technical and Adult Education; to provide that the Department of Agriculture rather than the Department of Education shall be responsi ble for administering sick leave to food service personnel; to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational education, so as to transfer to

MONDAY, FEBRUARY 19, 1996

737

the Department of Technical and Adult Education all functions and powers previously per formed by the Department of Education relating to public libraries and public library serv ices; to transfer certain equipment, positions, and appropriations from the Department of Education; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applicable rules and regulations; to amend Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, so as to provide that the Department of Technical and Adult Education rather than the State Board of Educa tion shall give advice and counsel to libraries and communities proposing to establish li braries and so that the functions previously performed by the State Library Commission be performed by the Department of Technical and Adult Education; to provide for the Depart ment of Technical and Adult Education to receive funds for public libraries; to provide that annual reports be submitted to the Department of Technical and Adult Education; to pro vide that public library services be transferred to the Department of Technical and Adult Education; to amend the Interstate Library Compact, so as to change the definition of state library agency; to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to membership of the State Board for the Certification of Librarians, to provide that public library services is a division of the Department of Technical and Adult Educa tion; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SECTION 1.
This Act shall be known and may be cited as the "Education Reform Act of 1996."
SECTION 2.
Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding immediately following Code Section 2-2-12 a new Code section to read as follows:
"2-2-13.
(a) Effective July 1,1996, the Department of Agriculture shall carry out all the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of school nutrition programs, to include school breakfast, school lunch, special milk, commodity distribution, and nutrition education and training programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the Department of Agriculture.
(b) All transfers of employees and assets provided for in subsection (a) of this Code sec tion shall be subject to the approval of the Commissioner of Agriculture, and such per sonnel or assets shall not be transferred if the Commissioner of Agriculture determines that a specific employee or asset should remain with the transferring agency.
(c) Persons who have transferred to the Department of Agriculture pursuant to subsec tion (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(d) Persons who are transferred to the Department of Agriculture pursuant to subsection (a) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Agriculture, or otherwise held by persons at the time of employment with the Department of Agriculture, are continued and preserved, it being the intention of the

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General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Agriculture, un less such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Agri culture. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Agriculture shall be impaired.
(e) Newly hired employees of the Department of Agriculture who perform duties previ ously performed by the Department of Education in accordance with this Code section shall become members of the Employees' Retirement System of Georgia in accordance with Chapter 2 of Title 47.
(f) Funding for functions and positions transferred to the Department of Agriculture under this Code section shall be transferred as provided in Code Section 45-12-90.
(g) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30,1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the Department of Agriculture."
SECTION 3.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding between Chapters 1 and 2 a new Chapter 1A to read as follows:
"CHAPTER 1A
20-1A-1.
The Office of School Readiness is created as a department of the executive branch of state government, and said office shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Office of School Readiness shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Education. 20-1A-2.
As used in this chapter, the term:
(1) 'Director' means the Director of the Office of School Readiness.
(2) 'Office' means the Office of School Readiness. 2-0-1A-3.
(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor.
(b) The director shall have the authority to employ all personnel of the office, subject to the provisions of this chapter and all applicable provisions of other laws governing public employment.
(c) The director shall promulgate rules and regulations and establish procedures to carry out the provisions of this chapter. 20-1A-4.
The Office of School Readiness shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten;

MONDAY, FEBRUARY 19, 1996

739

(2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Headstart, Even Start, and child care regulation, food, and subsidy programs;
(3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and
(4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter.
20-1A-5.
(a) Effective April 1, 1996, the Office of School Readiness shall carry out all of the func tions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Head Start, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on March 31, 1996, shall, on April 1, 1996, be transferred to the Office of School Readi ness. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 1, 1996.
(b) Effective April 1, 1996, the Office of School Readiness shall carry out all of the func tions and exercise all of the powers formerly held by the Department of Human Re sources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on March 31, 1996, shall, on April 1, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Human resources which are used or held exclu sively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 1, 1996.
(c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency.
(d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsections (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(e) All employees of the Office of School Readiness who are employed after the effective date of this chapter shall become members of the Employees' Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1.
(f) Persons who are transferred to the Office of School Readiness pursuant to subsection (a) or (b) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Office of School Readiness, or otherwise held by persons at the time of employment with the Office of School Readiness, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which

740

JOURNAL OF THE SENATE

they may be entitled prior to becoming employees of the Office of School Readiness, un less such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Office of School Readiness. Except as provided in this subsection, no employment benefit of any em ployee transferring to the Office of School Readiness shall be impaired.
(g) Funding for functions and positions transferred to the Office of School Readiness under this chapter shall be transferred as provided in Code Section 45-12-90.
20-1A-6.
The Office of School Readiness shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Re sources, where applicable, which are in effect on July 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and proce dures shall remain in effect until amended, repealed, superseded, or nullified by the director."
SECTION 4.
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 20-2-11, relating to certain duties of the State Board of Education, in its entirety and inserting in its place the following:
"20-2-11.
The State Board of Education and the State School Superintendent shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Be-
p&i'Lilldl/ilt. OT ILtlLlCclLlijiI eillQ iliiiy (_ldej=J<iLc Lu Cllc L) La Lei oCflGOl oUjj&flllttillttGllt tI1&~fllltIlOil ~
i\>y t/O &QTplG^ <iiu CtlSiiiibfe SuCli Ol^lnlC3T GllljjlOyccS, SUpGFViSOrS, 3.u.illHllStl*ktOrS, iiilQ Gtllci1
cilljj.lu^'icS WliO &i7c mtiiiil^ci'S 01 diiSSiiltiu Sci'ViCc UUCtBr AftiCi.6 J. 01 v_JTlljpt0r \j GI iTClG **&
3,s imty DG ii^cdsstHFy lor tfis tilliciGiiL G^jci'&LiCii or tlis Utipcii LnitiiiL ol iLuiiCcitiOii. it iiisy shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funJb to be in the discretion of the state buard, such funds to be disbursed by the superintendent in the payment of salaries and travel expenses of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department."
SECTION 5.
Said chapter is further amended by striking Code Section 20-2-30, relating to the election and certain duties of the State School Superintendent, in its entirety and inserting in its place the following:
"20-2-30.
The State School Superintendent shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner, and for the same term as the Governor is elected. A suitable office shall be furnished him or her at the seat of government. He or she shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business and shall from time to time prepare and transmit to them such instructions as he or she may deem necessary for the faithful and efficient execution of the school laws; and by what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties., provided time shall always be an appeal from the State School Superintendent to the State Buard of Education. He or she shall also be the chief executive officer of the Department of Education and therefore responsible for its administration, structure, and organization."

MONDAY, FEBRUARY 19, 1996

741

SECTION 6.
Said chapter is further amended by striking Code Section 20-2-66, relating to school break fast programs, in its entirety and inserting in its place the following:
"20-2-66.
(a) Each local school system in this state is encouraged to establish and support a school breakfast program to make breakfast available to all students in kindergarten through grade eight. All school systems are required to establish and support a school breakfast program in all schools with kindergarten through grade eight if at least 25 percent of the student population is eligible for free or reduced price lunch under federal guidelines and in all schools not containing kindergarten through grade eight if at least 40 percent of the student population is eligible for free or reduced price lunch under federal guidelines. School breakfast programs shall be phased in over a period beginning September 1,1994, and ending June 15, 1996, in all such schools. Each local school system operating a school breakfast program pursuant to this Code section shall be reimbursed by the state at the federal reimbursement rate per meal prepared and served. The school breakfast program reimbursement by the state shall be automatically terminated if federal fund ing for this program ceases.
(b) The State Board of Education Department of Agriculture shall promulgate rules and regulations which:
(1) Establish minimum nutritional requirements for school breakfast programs which meet or exceed the minimum federal regulations;
(2) Utilize federal standards of income eligibility for free or reduced price meals for lower income students;
(3) Prescribe uniform methods of determining eligibility for free or reduced price meals that are discreet and accessible. Each participating school system shall establish a method to regularly notify parents of the availability of the program;
(4) Provide that each participating local board of education submit a plan of compliance;
(5) Provide that compliance with the standards and regulations of the National School Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance with the requirements promulgated by the board Department of Agriculture;
(6) Assist the local school board in applying for and obtaining start-up grant money for such programs.
(c) Effective July 1, 1996, the Department of Agriculture shall carry out all the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the school breakfast programs. Such transfer shall be con ducted as prescribed in Code Section 2-2-13 and shall provide the same rights to trans ferred employees, funding, and succession of regulations, as provided in that Code section.
(d) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable^ which are in etfect on June 30, 1996, and which relate to the school breakfast program functions transferred to the department. Such rules, regulations, policies, and proce^ dures shall remain in effect until amended, repealed, superseded, or nullified by the De partment of Agriculture?'
SECTION 7.
Said chapter is further amended by striking Code Section 20-2-187, relating to state-wide school lunch programs, in its entirety and inserting in its place the following:

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"20-2-187.
(a)(l) The Slain Board of Education Department of Agriculture shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board Department of Agriculture shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board Department of Agriculture is authorized to pro vide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by fed eral funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administra tion; and
(C) State incentive pay for satisfactory completion of such training programs.
(2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students.
(b) The State Doaid uf Education Department of Agriculture is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources avail able to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which may be nec essary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c)(l) The Slate Duaid uf Education Department of Agriculture shall establish a system of allotment of funds to local units of administration to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied by an annual base payment. For each school food manager, the local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future an nual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board Department of Agricul ture shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of school lunches served during the preceding school year.
(3) Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base pay ments in financing the locally established salary schedule.
(d) Effective July 1, 1996, the Department of Agriculture shall carry out all the functions and exercise all the powers formerly held by the Department of Education for the opera tion and management of the school lunch program. Such transfer shall be conducted in

MONDAY, FEBRUARY 19, 1996

743

the same manner as prescribed in Code Section 2-2-13 and shall provide the same rights to transferred employees, as well as the same funding, as provided in that Code section.
(e) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the school lunch program func tions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the Depart ment of Agriculture."

SECTION 8.

Said chapter is further amended by striking Code Section 20-2-240, relating to the powers and duties of the State Board of Education, in its entirety and inserting in its place the following:
"20-2-240.

e State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce stan dards for operation of all public elementary and secondary schools and local units of ad ministration in this state so as to assure, to the greatest extent possible, equal and quality education programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and oper ation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.

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SECTION 9.

Said chapter is further amended by striking Code Section 20-2-241, relating to the State School Superintendent, in its entirety and inserting in its place the following:
"20-2-241.
(a) The State School Superintendent shall be the executive officer of the State Board of Education and the administrative chief executive officer of the Department of Education. The State School Superintendent is authorize'd~to organize and reorganize the Depart ment of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the State School Superintendent deems necessary or desirable for the more economT cal or effective organization, administration, or functioning of the department. He or she shall also be responsible for the administration and enforcement of this article and other

744

JOURNAL OF THE SENATE

school laws in accordance with such laws and with rules, regulations, policies, and stan dards adopted or prescribed by the state board for the implementation, administration or enforcement of such laws.
(b) The State School Superintendent, as the chief executive officer of the Department of EcTucation, shall have the authority to employ, promote, demote, discipline, or terminate any person to or from any position within the department in accordance with any appli cable statutory guidelines.
(c) The State School Superintendent, as the chief executive officer of the Department of Education, shall have the authority to enter into any contract on behalf of the department.
(d) The State School Superintendent shall have the authority to grant waivers of any rules or regulations promulgated by the State Board of Education concerning the opera tions of the department and as may be necessary to carry out the duties and responsibili ties imposed upon him or her by law."
SECTION 10.
Said chapter is further amended by adding immediately following Code Section 20-2-241 a new Code section to read as follows:
"20-2-241.1.
(a) Effective at the close of business on June 30, 1996, all employment positions in the Department of Education shall be abolished and the employment of all employees in the positions shall be terminated. Classified employees whose employment has been termi nated shall have the same reemployment rights granted classified employees by Chapter 20 of Title 45 of the Official Code of Georgia Annotated, except those employees shall not have priority status for reemployment in the Department of Education. The Department of Education may, however, rehire an employee whose employment has been terminated.
(b) The State School Superintendent shall establish all positions in the department and set the qualifications for the positions, effective no earlier than July 1, 1996. The State School Superintendent may rehire any Department of Education employee whose em ployment is terminated at the close of business on June 30, 1996, under subsection (a) of this Code section."
SECTION 11.
Said chapter is further amended by striking Code Section 20-2-305, relating to county and regional libraries, in its entirety and inserting in its place the following:
"20-2-305.
(a) The State Board of Education Department of Technical and Adult Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librari ans, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than S5# 35 cents per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library require ments prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The State Board of Education Department of Technical and Adult Education shall make adequate provisions for staff, supplies, services, and facilities to operate and'maintain special media equipment to meet the library needs of the blind and disabled citizens of this state.

MONDAY, FEBRUARY 19, 1996

745

(c) The State Board uf Education Department of Technical and Adult Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The Stale Board of Education Department of Technical and Adult Education is au thorized as the sole agency to receive federal funds allotted to this state for public libraries.
(e) The State Board uf Education State Board of Technical and Adult Education shall adopt policies and regulations to implement this Code section."
SECTION 12.
Said chapter is further amended by striking subsections (a) and (f) of Code Section 20-5506, relating to multiyear contracting powers, and inserting in their place the following:
"(a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;
(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed:; and
(4) The total annual payments for such contracts in any calendar year shall not exceed an amount equal to 7.5 percent of the local ad valorem taxes collected for maintenance and operation of the school system in the previous calendar year."
"(f) When any local board of education on or after July 1,1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calen dar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real ui1 personal prop erty, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt."
SECTION 13.
Said chapter is further amended by striking Article 28 of Chapter 2 in its entirety and inserting in its place the following:
"ARTICLE 28
20-2-1190.
The State Doaid of Education Department of Agriculture shall establish by rules or regu lations a system of allotment of state funds to local school systems to provide five days' sick leave for each fiscal school year for each full-time school food service manager and each full-time school food service employee.

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20-2-1191.
The rules or regulations of the State Board uf EJutatkm Department of Agriculture adopted pursuant to Code Section 20-2-1190 shall be subject to the following requirements:
(1) School food service managers and employees who are eligible for membership in the Public School Employees Retirement System shall qualify for sick leave under this article;
(2) Funds for sick leave shall be allotted on the basis of the state-wide average compen sation for full-time food service managers and the state-wide average compensation for full-time school food service employees as such averages are determined by the State Board uf Education Department of Agriculture; and
(3) Unused sick leave shall be accumulated from one school year to the next up to a maximum of ten days.
20-2-1192.
The funds necessary to carry out the provisions of this article shall come from funds appropriated by the General Assembly to the State Doaid uf Education Department of Agriculture for the purpose of paying the costs of providing sick leave for food service personnel.
20-2-1193.
The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to food service personnel. Such rules, regulations, policies, and procedures shall remain in effect until amended, re pealed, superseded, or nullified by the Department of Agriculture."
SECTION 14.
Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational edu cation, is amended by adding between Code Sections 20-4-14 and 20-4-15 a new Code sec tion to read as follows:
"20-4-14.1.
(a) Effective July 1, 1996, the Department of Technical and Adult Education shall carry out all the functions and exercise all of the powers formerly held by the State Board of Education and the Department of Education for the operation and management of public library services and public libraries. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to per form these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the De partment of Technical and Adult Education. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Department of Technical and Adult Education on July 1, 1996.
(b) All transfers of employees and assets provided for in subsection (a) of this Code sec tion shall be subject to the approval of the commissioner of technical and adult education, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency.
(c) Persons who have transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.

MONDAY, FEBRUARY 19, 1996

747

(d) Persons who are transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are members of the Employees' Re tirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Technical and Adult Education, or otherwise held by persons at the time of employment with the Department of Technical and Adult Educa tion, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Technical and Adult Education, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Technical and Adult Educa tion shall be impaired.
(e) Newly hired employees of the Department of Technical and Adult Education who per form duties previously performed by the Department of Education in accordance with this Code section shall become members in a retirement system as provided in Code Sec tion 20-4-25 or 20-4-26.
(f) Funding for functions and positions transferred to the Department of Technical and Adult Education under this Code section shall be transferred as provided in Code Section 45-12-90.
(g) The Department of Technical and Adult Education shall succeed to all rules, regula tions, policies, procedures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30,1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the State Board or Department of Technical and Adult Education."
SECTION 15.
Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, is amended by striking Code Section 20-5-2, relating to the powers and duties of the State Board of Education, in its entirety and inserting in its place the following:
"20-5-2.
(a) The State Board of Education Department of Technical and Adult Education shall give aid, advice, and counsel to all libraries and to communities which may propose to establish libraries as to the best means of establishing and administering them, the se lection of books, cataloging, and other details of library management and shall exercise supervision over all public libraries and endeavor to improve libraries already estab lished. The state buard Department of Technical and Adult Education may also conduct a book-lending and information service for the benefit of the citizens of the state, free of cost except postage. The state board Department of Technical and Adult Education is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The state board Department of Technical and Adult Education may also em ploy the necessary professional and clerical staff upcm tin? recommendation of the Stale School Superintendent to carry on the work as stated in this Code section and may pay their necessary traveling expenses while engaged in such work.
(b) The state buard Department of Technical and Adult Education shall have authority to accept gifts of books, money, or other property from any public or private source, includ ing the federal government; and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this article.

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(c) The State Library Commission is abolished, and the functions and services exercised and performed by it shall be exercised and performed by the State Boai J of EJutaLiuii Department of Technical and Adult Education.
(d) The collection of books, periodicals, documents, and other library materials held by the state buard Department of Technical and Adult Education is designated as the State Library.
(e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The re port shall also contain a statement noting the frequency of publication of each such pub lic document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For pur poses of this article, 'public documents' shall mean the books, magazines, journals, pam phlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bu reau, commission, or other institution of the executive branch of state government.
(f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted.
(f) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the direc tor of the University of Georgia Libraries.
(h) The Department of Administrative Services, the Georgia Correctional Industries Ad ministration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month.
(i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate.
(j) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the director of the University of Georgia Libraries for that pur pose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries.
(k) The director of the University of Georgia Libraries may transfer books and other li brary holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, wumout worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not

MONDAY, FEBRUARY 19, 1996

749

required, may be sold, destroyed, or otherwise disposed of by the director of the Univer sity of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books.
(1) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional person nel, to carry out the powers and duties set forth in this Code section."
SECTION 16.
Said chapter is further amended by striking Code Section 20-5-3, relating to disbursement of funds, in its entirety and inserting in its place the following:
"20-5-3.
In order to effectuate the purposes of this article there shall be made available to the State Dudid uf Education Department of Technical and Adult Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the slate buai'd Department of Technical and Adult Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards or to the other legally constituted local library boards as may now or hereafter be established by law. The state buard Department of Technical and Adult Education shall use such funds for the purpose of aiding and supplementing the establishment and development of public library services."
SECTION 17.
Said chapter is further amended by striking Code Section 20-5-4, relating to annual re ports by public libraries, in its entirety and inserting in its place the following:
"20-5-4.
All public libraries in the state shall submit reports annually to the State Doaid of Edu cation Department of Technical and Adult Education."
SECTION 18.
Said chapter is further amended by striking Code Section 20-5-45, relating to the duties and responsibilities of directors of public libraries, in its entirety and inserting in its place the following:
"20-5-45.
Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate, as defined by the State Board for the Certification of Librarians; provided, however, that any person who is was serving as acting director of a public library system on as of July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following:
(1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or termi nate other staff members if so authorized by the library board;
(2) To attend all meetings called by the Division Office of Public Library Services of the Department of Education Department of Technical and Adult Education or send a sub stitute authorized by the division director;

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(3) To prepare any local, state, or federal annual budgets;
(4) To notify the board of trustees and the Division Office of Public Library Services of the Depai tuiuiit of E Jucdliuu Department of Technical and Adult Education of any failure to comply with:
(A) Policies of the board;
(B) Criteria for state aid;
(C) State and federal rules and regulations; and
(D) All applicable local, state, or federal laws:
(5) To administer the total library program, including all affiliated libraries, in accord ance with policies adopted by the system board of trustees; and
(6) To attend all meetings of the system board of trustees and affiliated boards of trust ees or to designate a person to attend in his or her place."
SECTION 19.
Said chapter is further amended by striking subsection (c) of Code Section 20-5-47, relating to a written constitution, in its entirety and inserting in its place the following:
"(c) All current constitutions and bylaws must be on file in the Division Office of Public Library Services of the Depai liueiit uf Education Department of Technical and Adult Education, and all amendments must be filed with the division immediately upon adoption."
SECTION 20.
Said chapter is further amended by striking Code Section 20-5-48, relating to ownership of library property, in its entirety and inserting in its place the following:
"20-5-48.
(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operaiton of that facility by the board of trustees meets the standards of the Division Office of Public Library Services of the Department uf Education Depart ment of Technical and Adult Education; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Division Office of Public Library Services of the Depai tmuut uf Education Department of Technical and Adult Education shall serve as mediator in de termining ownership of property.
(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Division Office of Public Li brary Services of the Department of Education Department of Technical and Adult Edu cation or its designee."

MONDAY, FEBRUARY 19, 1996

751

SECTION 21.
Said chapter is further amended by striking Code Section 20-5-51, relating to dissolution of or withdrawal from a library system, in its entirety and inserting in its place the following:
"20-5-51.
(a) A library system shall be dissolved by a reversal of procedures followed in its original organization. A majority of the board members in a majority of the counties must agree to the dissolution of the system. One county in a multicounty system may withdraw by a reversal of the procedure by which the county became a member.
(b) If the local constitution and bylaws or participating agreement does not specify a notification period for withdrawal, the proper notice shall be sent six months prior to the end of the state fiscal year. This notice must include reasons for the withdrawal and the method by which the decision was reached and must be sent to the chairman of the sys tem board of trustees and the system library director. The Division Office of Public Li brary Services of the Department, uf Education Department of Technical and Adult Education must be notified of the receipt of this letter of intent within five working days.
(c) Upon dissolution or withdrawal, no further state or federal grant funds shall be paid for or to the dissolving or withdrawing unit or units until such time as the unit or units reestablish the library or libraries pursuant to this part and meet eligibility require ments for such grant funds.
(d) A multicounty regional system may elect to expel a member county upon the following conditions:
(1) Failure of the county to maintain the agreed level of support to the regional system as in the most recent system-participating agreement; or
(2) Failure of the county to meet criteria which may jeopardize the system's eligibility for state or federal funds.
(e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairman chairperson of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Division Office of the Public Library Services of the Depai tment of Education Department of Technical and Adult Education.
(f) Upon total dissolution of a library system, all property shall be disposed of as provided in this part."
SECTION 22.
Said chapter is further amended by striking Code Section 20-5-60, relating to the definition of state library agency as used in the interstate library compact, in its entirety and in serting in its place the following:
"20-5-60.
As used in the Interstate Library Compact, 'state library agency,' with reference to this state, means the Public Library Service Unit Office of the Department of Education De partment of Technical and Adult Education of Georgia."
SECTION 23.
Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, is amended by striking Code Section 43-24-2, relating to membership of the State Board for the Certification of Librarians, in its entirety and inserting in its place the following:
"43-24-2.
(a) The State Board for the Certification of Librarians is created, to consist of six persons as follows:

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(1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library;
(2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and
(3) The director of public library services of the Department of Education Department of Technical and Adult Education.
(b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code sec tion shall be appointed by the Governor and shall be confirmed by the Senate.
(c) The terms of the five members appointed pursuant to paragraphs (1) and (2) of subsec tion (a) of this Code section shall be five years. The term of the director of public library services of the Department of Education Department of Technical and Adult Education shall be coextensive with the term of office of this position.
(d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(e) If there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term."

SECTION 24.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996.
(b) Section 3 of this Act shall become effective on April 1, 1996.

SECTION 25.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th asked for a ruling by the Chair as to the germaneness of the Clay, et al substitute.
The President ruled that the Clay, et al. substitute was not germane.
Senator Egan of the 40th moved that the previous question be ordered. On the motion, the yeas were 42, nays 0; the motion prevailed, and the previous question was ordered.
On the adoption of the Starr amendment to the committee substitute, the yeas were 49, nays 0, and the Starr amendment to the committee substitute was adopted.
On the adoption of the committee substitute, the yeas were 48, nays 0, and the commit tee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the 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 Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

MONDAY, FEBRUARY 19, 1996

753

Newbill Oliver Perdue Pollard Ragan Ralston

Ray Scott Slotin Starr Tanksley

Taylor Thompson Turner Tysinger Walker

Voting in the negative were Senators Clay and Edge.

Not voting was Senators Stokes and Thomas (excused).

On the passage of the bill, the yeas were 52, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 1:35 P.M., the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Tuesday, February 20, 1996
Twenty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1565. By Representative Walker of the 87th:
A bill to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.
HB 1690. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to change the amount of the exemption.
HB 1691. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax com missioner, and judge of the probate court of Cherokee County on the salary sys tem, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriff's office.
HB 1692. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.
HB 1693. By Representatives Mills of the 21st, Stephenson of the 25th, Rogers of the 20th and others:
A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.

TUESDAY, FEBRUARY 20, 1996

755

HB 1695. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
HB 1706. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compensation of said solicitor.
HB 1708. By Representative Lakly of the 105th:
A bill to amend an Act creating the Peachtree City Water and Sewerage Author ity, so as to change a definition; to confer additional powers upon the authority.
HB 1518. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt nonjudicial candidates in nonpartisan primaries or elections from filing notices of candidacy; to provide for registration of voters who are not county residents by deputy registrars.
HB 1486. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain amounts payable for redemption.
HB 1420. By Representatives Grindley of the 35th, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that when a death certificate is record ed, the accompanying birth certificate shall be stamped deceased.
HB 1496. By Representatives Snow of the 2nd, Coker of the 31st and Parrish of the 144th:
A bill to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so as to change the provisions relating to definitions.
HB 1555. By Representatives Chambless of the 163rd, Randall of the 127th and Crawford of the 129th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties therefor, so as to change penalties for manufacture, delivery, distribution, dispensing, administering, selling, or pos sessing with intent to distribute certain controlled substances.
HB 1458. By Representatives Rogers of the 20th, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that a family farm limited partnership shall be a qualified owner.

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HB 1583. By Representative Jones of the 71st:
A bill to amend Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by the Department of Human Resources, so as to provide that documents relating to nursing home surveys shall be disclosed.
HB 1553. By Representative Coleman of the 142nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to provide for the assessment and taxation of such timber sold pursuant to certain preexisting in struments.
HB 1498. By Representative Stephenson of the 25th:
A bill to amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide that such Code section shall not apply to respiratory care professionals.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 792. By Representatives Titus of the 180th and Bates of the 179th:
A resolution designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center.
The following bills were introduced, read the first time and referred to committees:
SB 740. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 741. By Senators Hill of the 4th, Crotts of the 17th and Bowen of the 13th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for legislative findings and declara tions; to provide for an intermediate driver's license for persons under age 18; to provide for young drivers' defensive driving course requirements; to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere.
Referred to Committee on Public Safety.
SR 578. By Senator Cagle of the 49th:
A resolution to create the Gainesville-Hall County Task Force On Governmental Unification.
Referred to Committee on State and Local Governmental Operations.
SR 580. By Senators Hill of the 4th, Crotts of the 17th and Bowen of the 13th:
A resolution creating the Senate Young Drivers Study Committee.
Referred to Committee on Rules.

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757

SR 581. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A resolution urging the Public Service Commission to adopt an official schedule of planting and harvest dates.
Referred to Committee on Agriculture. The following bills were read the first time and referred to committees:
HB 1420. By Representatives Grindley of the 35th, Sauder of the 29th and Coleman of the 142nd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that when a death certificate is record ed, the accompanying birth certificate shall be stamped deceased.
Referred to Judiciary Committee.
HB 1458. By Representatives Rogers of the 20th, Buck of the 135th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that a family farm limited partnership shall be a qualified owner.
Referred to Agriculture Committee.
HB 1486. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain amounts payable for redemption.
Referred to Finance and Public Utilities Committee.
HB 1496. By Representatives Snow of the 2nd, Coker of the 31st and Parrish of the 144th:
A bill to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so as to change the provisions relating to definitions.
Referred to Health and Human Services Committee.
HB 1498. By Representative Stephenson of the 25th:
A bill to amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide that such Code section shall not apply to respiratory care professionals.
Referred to Health and Human Services Committee.
HB 1518. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt nonjudicial candidates in nonpartisan primaries or elections from filing notices of candidacy; to provide for registration of voters who are not county residents by deputy registrars.
Referred to Ethics Committee.

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HB 1553. By Representative Coleman of the 142nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to provide for the assessment and taxation of such timber sold pursuant to certain preexisting in struments.
Referred to Finance and Public Utilities Committee.
HB 1555. By Representatives Chambless of the 163rd, Randall of the 127th and Crawford of the 129th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties therefor, so as to change penalties for manufacture, delivery, distribution, dispensing, administering, selling, or pos sessing with intent to distribute certain controlled substances.
Referred to Special Judiciary Committee.
HB 1583. By Representative Jones of the 71st:
A bill to amend Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by the Department of Human Resources, so as to provide that documents relating to nursing home surveys shall be disclosed.
Referred to Judiciary Committee.
HR 792. By Representatives Titus of the 180th and Bates of the 179th:
A resolution designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center.
Referred to Corrections, Correctional Institutions and Property Committee.
HB 1565. By Representative Walker of the 87th:
A bill to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.
Referred to State and Local Governmental Operations Committee.
HB 1690. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to change the amount of the exemption.
Referred to State and Local Governmental Operations Committee.
HB 1691. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act placing the sheriff, clerk of the superior court, tax com missioner, and judge of the probate court of Cherokee County on the salary sys tem, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriff's office.
Referred to State and Local Governmental Operations Committee.

TUESDAY, FEBRUARY 20, 1996

759

HB 1692. By Representatives Smith of the 12th, Childers of the 13th and Perry of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.
Referred to State and Local Governmental Operations Committee.

HB 1693. By Representatives Mills of the 21st, Stephenson of the 25th, Rogers of the 20th and Smith of the 19th:
A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.
Referred to State and Local Governmental Operations Committee.

HB 1695. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
Referred to State and Local Governmental Operations Committee.

HB 1706. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compensation of said solicitor.
Referred to State and Local Governmental Operations Committee.

HB 1708. By Representative Lakly of the 105th:

A bill to amend an Act creating the Peachtree City Water and Sewerage Author ity, so as to change a definition; to confer additional powers upon the authority.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and and has instructed me to report the same back to the Senate with the following recommendations:

SB 739. Do pass.

HB 1266. Do pass.

HB 1198. Do pass.

HB 1326. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

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Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol
lowing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 518. Do pass by substitute.

HB 1367. Do pass.

SR 569. Do pass by substitute. HB 1229. Do pass by substitute.

HB 1501. Do pass. HR 940. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 737. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

The following bills were read the second time:

SB 409 SB 705 HB 1231

SB 581 SB 724 HB 1299

SB 635 HB 844 HB 1355

SB 687 HB 1152 HB 1454

SB 695 HB 1203

SB 703 HB 1208

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Black Bowen
Broun of 46th
Brown of 26th Burton Cagle
Clay Crotts Day Dean Edge Farrow Gillis
Glanton

Gochenour Griffin Guhl
Henson
Hill Hooks James
Johnson of 1st Lamutt Land Langford Madden Marable McGuire
Middleton

Newbill Oliver Perdue
Pollard
Ragan Scott Slotin
Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Blitch Boshears Cheeks

Egan Harbison Johnson of 2nd Kemp

Ralston Ray (presiding) Taylor Walker

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ray of the 19th, introduced the chaplain of the day, Reverend Robert Wigley of Hazelhurst, Georgia, who offered scripture reading and prayer.

TUESDAY, FEBRUARY 20, 1996

761

The President assumed the Chair.
Senator Edge of the 28th moved that Senator Boshears of the 6th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Boshears was excused.
The following communication was received by the Secretary from His Excellency, Governor Zell Miller:
STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
February 20, 1996
Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Jonathan L. Miller of Fulton County, as a member of the State Board of Accountancy for the term of office beginning September 27,1995 and ending June 30,1999.
The Honorable G. Gregory Richards of Fulton County, as a member of the Asbestos Licens ing Board for the term of office beginning March 22, 1995 and ending June 30, 1996.
The following named persons as members of the Georgia Child Care Council for the term of office beginning March 20, 1995 and ending June 30, 1997: Allan J. DeNiro of Fulton County; and Anne D. Hoffman of DeKalb County.
The Honorable William B. McKenna, Sr. of Chatham County, as a member of the Board of Corrections for the term of office beginning July 6, 1995 and ending July 1, 1999.
The following named persons as members of the Board of Corrections for the term of office beginning August 3,1995 and ending July 1, 2000: Robert L. Brown, Jr. of DeKalb County; N. G. Houston, III of Berrien County; Carlton Powell of Thomas County; and W. J. Taylor of Cobb County.
The Honorable Jarrett Eugene Hodge of Muscogee County, as a member of the Board of Corrections for the term of office beginning December 7, 1995 and ending July 1, 1998.
The Honorable Betty Farmer of Dooly County, as a member of the State Board of Cosmetol ogy for the term of office beginning February 6, 1996 and ending May 1, 1997.
The Honorable Lasa Y. Joiner of DeKalb County, as a member of the Board of Human Resources for the term of office beginning May 17, 1995 and ending April 6, 2001.
The Honorable Brenda Hodges Tiller of Dougherty County, as a member of the Board of Human Resources for the term of office beginning September 20, 1995 and ending April 6, 1998.
The Honorable Jim Hammock of Rockdale County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning July 25, 1995 and ending July 1, 1999.
The following named persons as members of the Board of Industry, Trade and Tourism for the term of office beginning July 25, 1995 and ending July 1, 2000: William Y. Barton of Henry County; W. Marshall Brown of Richmond County; and C. Lewis Shurbutt of Elbert County.

762

JOURNAL OF THE SENATE

The Honorable Reuben S. Roberts, Jr. of Pulaski County, as a member of the Joint Board of Family Practice for the term of office beginning May 26, 1995 and ending November 1 1995.
The Honorable J. Veronica Biggins of Fulton County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning June 27, 1995 and end ing December 15, 1996.
The following named persons as members of the Council on Maternal and Infant Health for the term of office beginning March 21, 1995 and ending July 1,1998: Dr. William P. Kanto, Jr. of Richmond County; Dr. Louis I. Levy of Muscogee County; and Dr. William Robert Sexson of Fulton County.
The Honorable Eugene H. Jackson of Randolph County, as a member of the Council on Maternal and Infant Health for the term of office beginning March 21, 1995 and ending August 25, 1998.
The Honorable Hulett D. Sumlin of Fulton County, as a member of the Board of Medical Assistance for the term of office beginning November 8, 1995 and ending June 30, 1996.
The Honorable Bill Lowery of Fulton County, as a member of the Georgia Music Hall of Fame Authority for the term of office beginning July 25, 1995 and ending January 1, 1999.
The Honorable Jenny Jinks of Walton County, as a member of the Georgia Board of Nurs ing for the term of office beginning January 31, 1996 and ending September 23, 1997.
The following named persons as members of the Georgia Board of Nursing for the term of office beginning January 31, 1996 and ending September 23, 1998: Dr. Eula Aiken of Fulton County; James A. Dodds, Jr. of Fulton County; and Betty Ann Page of Dougherty County.
The Honorable Barbara Payne-Stancil of Oconee County, as a member of the State Board of Nursing Home Administrators for the term of office beginning March 2, 1995 and ending December 29, 1997.
The Honorable William J. Wetherington of Muscogee County, as a member of the State Board of Pardons and Paroles for the term of office beginning December 16, 1995 and end ing December 31, 1999.
The Honorable Bobby K. Whitworth of Gwinnett County, as a member of the State Board of Pardons and Paroles for the term of office beginning January 31, 1996 and ending December 31, 2002.
The Honorable Alfred W. Jones, III of Glynn County, as a member of the Georgia Ports Authority for the term of office beginning January 19, 1996 and ending June 30, 1999.
The following named persons as members of the Professional Standards Commission for the term of office beginning July 27, 1995 and ending July 1, 1998: Annie Joyce Adams of Dougherty County; Dr. Phoebe Bailey of DeKalb County; Audrey Butts of Fulton County; Sandra D. Carraway of Columbia County; and Willda Cannon Melton of White County.
The Honorable Donald Haralson of Crisp County, as a member of the Board of Public Safety for the term of office beginning December 6, 1995 and ending January 20, 1997.
The Honorable A. W. Dahlberg of DeKalb County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning June 21,1995 and ending January 1, 2000.
The Honorable Carolyn Hall of Fulton County, as a member of the State Board of Workers' Compensation for the term of office beginning January 26, 1996 and ending January 12, 2000.
Sincerely,
/s/ Zell Miller

TUESDAY, FEBRUARY 20, 1996

763

Senator Stokes of the 43rd introduced Saloni Saraiya, commended by SR 565, adopted previously, who addressed the Senate briefly.
Senator Henson of the 55th introduced Oluwamuyiwa Olubuyide, commended by SR 562, adopted previously, who addressed the Senate briefly.
Senator Perdue of the 18th introduced Hillary Smith, National FFA Public Speaking winner, commended by SR 550, adopted previously, who addressed the Senate briefly.
Senator Turner of the 8th introduced a group representing Senior Week at the Capitol, commended by SR 523, and Ms. Denise Retterbush, Chair of Senior Week at the Capitol, who addressed the Senate briefly.
Senator Ray of the 19th introduced Randall Scott Hudson, commended by SR 516, adopted previously, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 582. By Senator McGuire of the 30th: A resolution commending Sue and Richard Boismier.
SR 583. By Senator McGuire of the 30th: A resolution commending Sergeant Tommy King.
SR 584. By Senator McGuire of the 30th: A resolution commending Marilyn and Fletcher Yearty.
SENATE RULES CALENDAR Tuesday, February 20, 1996
TWENTY-SIXTH LEGISLATIVE DAY
SR 523 Senior Week at the Capitol--February 20-22 (Rules-8th)
SR 528 Bibb County--lease of certain state owned property (F&PU--18th)
SB 682 Local Government--provide for community improvement districts (Amend ment) (SLGO-G--28th)
SR 458 Telecommunication, Utility Easements, Certain Counties--authorize (F&PU --44th)
SB 616 Child Custody--presumption of joint, legal physical custody (Substitutes) (S Judy-54th)
SB 654 Children's Trust Fund Commission--funds for family resource programs (Judy--42nd)
SB 658 Taxis, Limos--provide medical insurance for injury, death due to negligence (Substitute) (I&L--38th)
SB 670 Judgment and Execution--executions may be canceled within certain time (S Judy--44th)
SR 459 Pedestrian Walks, Water Line Easements--certain counties (F&PU--44th)
SR 457 Conveyance of State Property, Certain Counties--authorize (Substitute) (Amendment) (F&PU--44th)

764

JOURNAL OF THE SENATE

SB 593 School Finance Officers--certain certification programs (Amendment) (Ed --43rd)

SB 169 Outdoor Advertising--certain tree trimming not allowed (Trans--40th)

SB 659 Counties--financial statements and audits (Substitute) (SLGO-G--31st) Respectfully submitted,
Isl Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:

SR 523. By Senators Turner of the 8th, Ragan of the llth, Dean of the 31st and others:
A resolution acknowledging the contributions of Senior Georgians and establish ing the week of February 20-22, 1996, as Senior Week at the Capitol.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Newbill Oliver Perdue Pollard Ragan Ralston Ray Slotin Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Boshears (excused) Bowen

Egan Henson Middleton

Scott Stokes

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Tanksley of the 32nd introduced the doctor of the day, Dr. John Gleason of Austell, Georgia.

SR 528. By Senator Perdue of the 18th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Bibb County, Georgia.

TUESDAY, FEBRUARY 20, 1996

765

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Gillis Glanton Gochenour

Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy
Boshears (excused) Broun of 46th Day

Egan
Farrow Griffin Henson

Madden Stokes Tanksley

On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under cer tain conditions, after a radio operator or driver's license examiner has accumu lated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.
The 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 change certain age requirements relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety; to provide that under certain conditions, after a radio operator or driver's license examiner has accumu lated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 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

766

JOURNAL OF THE SENATE

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 striking in its entirety subsection (a) of Code Section 35-2-43, relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age 1101 aioi'e than 3C yeaih uf age at the time of appointment."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 35-2-49, relating to the provision of proper uniforms and equipment to members of the Uniform Division, radio operators, and driver's license examiners, and inserting in lieu thereof a new Code Section 35-2-49 to read as follows:
"35-2-49.
The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and drivei driver's license examiners. After a radio operator or driver's license examiner has accumulated 25years of service with the department, upon leaving the department under honorable conditions, such radio operator or driver's license exam iner shall be entitled, as part of his or her compensation, to retain his or her badge pursu ant to regulations promulgated by the commissioner."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Pollard of the 24th moved that the Senate agree to the House substitute to SB 287.

TUESDAY, FEBRUARY 20, 1996

767

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 Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis
Glanton

Gochenour Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Marable McGuire Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Boshears (excused) Broun of 46th

Harbison Land

Madden Middleton

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 287.
The Calendar was resumed.

SB 682. By Senator Edge of the 28th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation of community improvement districts as authorized by Article IX, Section VII of the Constitution of the State of Georgia; to provide for definitions; to provide for specific requirements for the creation of community improvement districts.
Senators Thompson of the 33rd and Edge of the 28th offered the following amendment:
Amend SB 682 by renumbering Section 3 as now Section 4, and by adding a new Section 3 to read as follows: "Nothing in this act shall conflict or repeal any local acts creating com munity improvement districts established pursuant to the power of the General Assembly of Georgia, or repeal any of their provisions.
This act shall also apply only to counties and political subdivisions under '400,000' in population."
On the adoption of the amendment, the yeas were 35, nays 0, and the Thompson, Edge amendment to SB 682 was adopted.
Senator Edge of the 28th offered the following amendment:
Amend SB 682 by striking paragraph (2) on lines 28-32 of page 13 and renumbering accordingly.
On the adoption of the amendment, the yeas were 38, nays 0, and the Edge amend ment to SB 682 was adopted.

768

JOURNAL OF THE SENATE

Senator Blitch of the 7th offered the following amendment: Amend SB 682 by striking on page 5, line 30 the following:

"At least a majority" and inserting the following: "one hundred percent"
On the adoption of the Blitch amendment to SB 682, the President called for the yeas and nays, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Brown of 26th Cheeks Egan Gochenour Griffin

Henson Hill James Johnson of 2nd Kemp Marable McGuire

Middleton Pollard Ralston Tanksley Thomas Thompson Walker

Those voting in the negative were Senators:

Bowen Broun of 46th Burton Cagle Clay
Crotts Day Dean Edge Farrow

Gillis Guhl Harbison Hooks Johnson of 1st
Lamutt Land Madden Newbill Oliver

Perdue Ragan Ray Scott Slotin
Starr Stokes Taylor Turner Tysinger

Those not voting were Senators:

Balfour Boshears (excused)

Glanton Langford

On the adoption of the amendment, the yeas were 22, nays 30, and the Blitch amend ment lost.
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 Bowen Broun of 46th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton
Gochenour

Guhl Harbison Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger

TUESDAY, FEBRUARY 20, 1996

769

Those voting in the negative were Senators:

Black Blitch Brown of 26th

Cheeks Griffin Henson

Johnson of 2nd Walker

Those not voting were Senators:

Balfour Boshears (excused)

Tanksley Thomas

On the passage of the bill, the yeas were 44, nays 8. The bill, having received the requisite constitutional majority, was passed as amended.
Senator Stokes of the 43rd introduced members of the Empire Real Estate Board, com mended by SR 543, adopted previously.
The Calendar was resumed.

SR 458. By Senator Starr of the 44th:

A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in DeKalb, Murray, Tift, Towns, Upson, Washington, and White Counties, Georgia; to pro vide an effective date.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Kemp Lamutt Land Langford Madden

McGuire Middleton Oliver Pollard Ragan Ralston Ray Scott Slotin Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Boshears (excused) Cagle Egan

James Johnson of 1st Marable Newbill Perdue

Starr Stokes Thompson Walker

On the adoption of the resolution, the yeas were 42, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

770

JOURNAL OF THE SENATE

SB 616. By Senators Farrow of the 54th, Ralston of the 51st and James of the 35th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical custody; to provide for exceptions; to provide an effective date; to provide for applicability.
The Senate Special Judiciary Committee offered the following substitute to SB 616:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical custody; to provide for exceptions; to provide for a rebuttal of such presumption; to provide for the quantum of evidence required to rebut; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended in Code Section 19-93, relating to the court's discretion in custody disputes, by striking in their entirety paragraphs (2) and (5) of subsection (a) and inserting in lieu thereof the following:

"(2) The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom cus tody of the child or children should be awarded. The duly of the court in all such cahuh

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and to make its awaid accordingly. Unless the parties agree on sole custody or some

combination of sole or joint physical and legal custody, when there is any proceeding in

which temporary or permanent custody is at issue between the parents of the child or

children, there shall be a presumption of joint legal and physical custody. This presump~

tion may be rebutted by a showing, based on a preponderance of the evidence, that there

is parental unfitness as to one of the parents or that such joint legal and physical custody

would not be in the best interest of the child or children."

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custody whcre-ttppi upi i

SECTION 2.

This Act shall become effective on July 1, 1996, and shall apply to all proceedings in which child custody is an issue between parents of the child held on or after July 1, 1996.

SECTIONS.

All laws and parts of laws in conflict with this Act are repealed.
Senator Black of the 53rd offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to SB 616 by inserting on line 7 on page 1, immediately following the word and symbol "rebut;", the following:
"to provide for the inclusion therein of the new crime of interference with visitation; to provide for related matters;".

TUESDAY, FEBRUARY 20, 1996

771

By inserting immediately following line 11 on page 2 the following:
"Said article is further amended by inserting at the end of such Code section the following:
'(f)(l) A person commits the offense of interference with visitation when, without lawful authority to do so, the person intentionally and willfully refuses to allow lawful visita tion. This subsection shall not apply to court ordered visitation when the language used in the order to describe such visitation is vague and indefinite, including, but not limited to, language such as "reasonable visitation" or "visitation as the parties may agree." Tar diness of less than 40 minutes in complying with court ordered visitation by the custodial parent or guardian shall not give rise to a criminal charge under this subsection.
(2) A person convicted of violating this subsection shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or imprisoned for not less than one nor more than five months or both fined and imprisoned;
(B) Upon conviction of the second offense, the defendant shall be guilty of a misde meanor and shall be fined not less than $400.00 nor more than $1,000.00 or impris oned for not less than three nor more than 12 months or both fined and imprisoned; and
(C) Upon conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years.'

SECTION 3."

By redesignating the former Section 3 as Section 4.
Senator Black of the 53rd asked unanimous consent to withdraw his amendment.
The consent was granted, and the Black amendment to the committee substitute was withdrawn.
Senator Cagle of the 49th moved that Senator Day of the 48th be excused due to press ing business. On the motion, the yeas were 36, nays 2; the motion prevailed, and Senator Day of the 48th was excused.
Senator Abernathy of the 38th offered the following amendment:
Amend the Senate Special Judiciary substitute to SB 616 by striking line 1 of page 2 and inserting in lieu thereof the following:
"preponderance of the evidence, that there is one parent who has maintained a consistent relationship with the child or children and has provided the majority of care and support, that there is parental"!
By inserting a comma after the word "parents" on line 2 of page 2.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Brown of 26th Cheeks Dean Gillis Henson

Hill James Johnson of 2nd Kemp Marable

Perdue Ray Scott Slotin Starr

Those voting in the negative were Senators:

Black Bowen Broun of 46th Burton

Cagle Clay Crotts Edge

Egan Farrow Glanton Gochenour

772

JOURNAL OF THE SENATE

Guhl
Hooks Johnson of 1st Lamutt Land Langford Madden

McGuire
Middleton Newbill Oliver Pollard Ragan Ralston

Those not voting were Senators:

Balfour Blitch Boshears (excused)

Day (excused) Griffin

Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Harbison Walker

On the adoption of the amendment, the yeas were 16, nays 33, and the Abernathy amendment to the committee substitute lost.
Senators Ralston of the 51st, Farrow of the 54th and Langford of the 29th offered the following substitute to SB 616:
A BILL
To be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change provisions relating to child custody orders; to require in certain circumstances determinations as to whether joint legal and physical custody is in the best interest of the child or children; to provide for a specific plan of decision making and shared physical cus tody if joint custody is ordered; to provide for exceptions to such presumption; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended in Code Section 19-93, relating to the court's discretion in custody disputes, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2)(A) The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion by seeking information from all sources and to luuk to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly. However at any proceeding when temporary or permanent custody is at issue between parents of the child, there shall be an inquiry and determination whether joint legal or physical custody or both is in the best interest of the child. If joint legal custody is determined to be in the best interest of the child or children, the court shall provide for a specific plan of decision making and a manner in which to resolve conflicts if the parents cannot agree which is consistent with the duty of the court to promote the welfare and happiness of the child. If joint physical custody is determined to be in the best interest of the child, the court shall provide for a specific plan of physical shared custody consistent with the duty of the court to promote the welfare and happiness of the child.
(B) Whether or not the court awards joint legal or physical custody or both, each parent shall have access to the child's school and medical records unless the court finds it is not in the best interest of the child to do so."

TUESDAY, FEBRUARY 20, 1996

773

SECTION 2.

This Act shall become effective on July 1,1996, and shall apply to all proceedings in which child custody is an issue between parents of the child held on or after July 1, 1996.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen
Brown of 26th Cagle Cheeks Clay Crotts Dean Edge Gillis Glanton

Gochenour
Guhl Hill Hooks James Johnson of 1st Land Marable McGuire Perdue

Pollard
Ragan Ralston Ray Tanksley Taylor Thompson Turner Walker

Those voting in the negative were Senators:

Abernathy Black Broun of 46th Burton Egan Farrow Griffin Harbison

Henson Johnson of 2nd Kemp Lamutt Langford Madden Middleton Newbill

Oliver Scott Slotin Starr Stokes Thomas Tysinger

Those not voting were Senators:

Balfour Blitch

Boshears (excused) Day (excused)

On the adoption of the substitute, the yeas were 29, nays 23, and the committee substi tute was adopted.
Due to the adoption of the committee substitute, the Ralston, Farrow, et al. substitute was moot.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Dean Edge
Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James
Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Perdue Pollard
Ragan

774

JOURNAL OF THE SENATE

Ralston
Ray Scott Starr

Stokes
Tanksley Taylor Thompson

Those voting in the negative were Senators:

Abernathy Burton Henson

Johnson of 2nd Newbill Oliver

Those not voting were Senators:

Balfour Blitch

Boshears (excused) Day (excused)

Turner Tysinger Walker
Slotin Thomas

On the passage of the bill, the yeas were 44, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Abernathy of the 38th gave notice that at the proper time, he would move that the Senate reconsider its action in passing SB 616.
Senator Oliver of the 42nd moved that the following bill be committed to the Senate Judiciary Committee:

SB 654. By Senator Oliver of the 42nd:
A bill to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to add a definition; to allow the State Children's Trust Fund Commission to accept applications for and ap prove disbursement of funds for family resource programs and facilities connect ed with family resource programs.
On the motion, the yeas were 39, nays 0; the motion prevailed, and SB 654 was com mitted to the Senate Judiciary Committee.
Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.

SB 658. By Senators Abernathy of the 38th, Edge of the 28th, Tysinger of the 41st and others:
A bill to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance; to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to limousine carriers, so as to require taxicab owners and limou sine carriers to provide medical insurance coverage for members of the general public against bodily injury or death resulting from the negligent operation of taxicabs or limousines.
The Senate Insurance and Labor Committee offered the following substitute to SB 658:
A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance; to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to require taxicab owners and limousine carriers to provide medical insurance coverage for fare paying members of the general public against bodily injury or death resulting from the operation of taxicabs or limousines; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 20, 1996

775

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and "spot" insurance, is amended by adding at the end thereof a new Code Section 40-9-104 to read as follows:
"40-9-104.

(a) As used in this Code section, the term 'taxicab' means a motor vehicle used to trans port passengers for a fare and which is fitted with a taximeter to compute such fare.
(b) Any person who operates a taxicab and in whose name such vehicle is registered shall be required to cause a policy of insurance to be issued providing medical insurance cover age for members of the general public who are fare paying passengers against personal injuries or death resulting from the operation of a taxicab. Such insurance may be pro vided through qualified self-insurance or by insurance purchased from an insurer au thorized to do business in this state and shall provide minimum medical coverage in the amount of $1,000.00 per passenger."

SECTION 2.

Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, is amended by adding immediately following Code Section 46-7-85.17 a new Code Section 46-7-85.18 to read as follows:
"46-7-85.18.

Each limousine carrier issued a certificate under this article shall be required to cause a policy of insurance to be issued which provides for medical insurance coverage for mem bers of the general public who are fare paying passengers against personal injury or
death resulting from the operation of a limousine. Such insurance may be provided through qualified self-insurance or by insurance purchased from an insurer authorized to do business in this state and shall provide minimum medical coverage in the amount of
$1,000.00 per passenger."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr

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Stokes Tanksley

Taylor Thomas

Thompson Tysinger

Voting in the negative were Senators Glanton and Turner

Those not voting were Senators:

Balfour Boshears (excused)

Bowen Day (excused)

Ray (presiding) Walker

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 670. By Senators Starr of the 44th and Glanton of the 34th:

A bill to amend Article 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, so as to provide that executions shall be canceled within a certain time.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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:

Balfour Boshears (excused)

Bowen Day (excused)

Ray (presiding) Walker

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 459. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of pedestrian walks, water distribution lines and telecommu nications equipment in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham, Crawford, Floyd, and Lee Counties, Georgia.

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777

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Broun of 46th Brown of 26th Burton

Griffin Guhl Harbison Henson Hill Hooks

Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton
Gochenour

James Johnson of 2nd Johnson of 1st Kemp Lamutt 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:

Balfour Boshears (excused)

Bowen Day (excused)

Ray (presiding) Walker

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 457. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Houston, Irwin, Lumpkin, Rabun, Richmond, Wayne, and White Counties, Georgia; to provide an effective date.
The Senate Finance and Public Utilities Committee offered the following substitute to SR 457:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Hall, Houston, Lumpkin, Richmond, Wayne, and White counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain parcels of real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Hall, Houston, Lumpkin, Richmond, Wayne, and White counties, Georgia; and
WHEREAS, said parcels of real property are all those tracts or parcels of land lying and being in:
A. Baldwin County, Georgia, and being that certain unimproved triangular-shaped par cel of land lying and being along and adjoining the northwesterly right of way line of State Route 22, and on the southerly right of way of North Cobb Street, in the Original First Land and present 308th Militia District in Baldwin County, Georgia, it lying and being in Land Lot 282, containing an original area of 6.24 acres (now containing 4.66+7acres);

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B. Baldwin County, Georgia, in the original First Land and present 318th Militia Dis trict, lying in and being a part of Land Lot 281, and being generally described as those parcels of land lying at or near the northwest corner of the intersection of Roberson Mill Road and State Highway 22 containing 9.68 acres; 10.04 and 1.06 acres as shown on plats prepared by Georgia Registered Land Surveyor Edwin L. Thompson dated June 20, 1987, and July 5, 1987, respectively, and being on file in the offices of the State Proper ties Commission;
C. Baldwin County, Georgia, and being all that tract or parcel of land lying and being in the 319th GMD, 1st Land District of Baldwin County, containing 100+/- acres, and being part of Land Lots 251, 252, 265, and 266, and being bounded as follows: Bounded on the north by the right of way of the Georgia Railroad, on the east by a no-name creek run ning in a southerly direction from the southern right of way of the Georgia Railroad to the north side of Fishing Creek, and bounded on the south by Fishing Creek, and bounded on the west by Blandy Road. Excepting from the above that parcel of land lying and being in the northwest corner of above containing 14.28 acres and deeded by quit claim deed dated February 14, 1983, by the State of Georgia to J.P. Stevens and Company;
D. Baldwin County, Georgia, and being all that tract or parcel of land lying and being in the 318th GMD, 1st Land District of Baldwin County, and being a part of Land Lots 248, 267, and 268, containing 141.4 acres and shown as tract No. 2 on a plat of survey entitled "Plat of Survey Lands of the State of Georgia assigned The Youth Development Center,' dated March 31, 1970, by Calvin W. Rice, and recorded in Baldwin County deed records in Deed Book 85, page 474, a copy of which is on file in the office of the State Properties Commission;
E. Bartow County, Georgia, and being a parcel of the Western and Atlantic Railroad, lying and being in Land Lot 1216 of the 21st District, 2nd Section, Bartow County, Georgia, and described as a triangular-shaped lot formerly used as a W&A section lot lying in the fork between the old W&A right of way relocated in 1948-1949 and the ex isting W&A right of way, shown in the W&A Railroad Valuation Map No. 2V/16 on file in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia, and in the offices of the State Properties Commission;
F. Chatham County, Georgia, and being all that certain tract of land lying and being in the 4th Militia District of Chatham County, Georgia, containing 27.4+7- acres, and de scribed as that improved property lying on the north side of Eisenhower Drive, beginning at a point 731 feet east of the east right of way of Waters Avenue, thence running south easterly 1650 feet along the north right of way of Eisenhower Drive to the western right of way of Seawright Drive, thence running north along the western right of way of Seawright Drive 1834.99 feet to the south side of Cornell Avenue, thence running west erly along the southern right of way of Cornell Avenue 649.94 feet to the eastern bound ary of the Stevenson Plantation (now divided into lots), thence running in a southerly direction along the said Stevenson Plantation to the north side of Eisenhower Drive and the point of beginning;
G. DeKalb County, Georgia, and being in Land Lots 132,133, and 177 of the 18th District of DeKalb County, Georgia, lying north of Stone Mountain Freeway right of way, con taining 58+7- acres, further described as being that portion of Land Lot 133 acquired by Warranty Deed dated January 20, 1961, from Reggie Field, and that portion of Land Lots 132 and 177 acquired by Warranty Deed dated November 19, 1959, from Mary Knox Happoldt, as shown on a copy of a plat (SPC Deed Record 5704), marked in red on file in the offices of the State Properties Commission;
H. DeKalb County, Georgia, and being all that tract of land situated, lying, and being in Land Lot 211 of the 15th District of DeKalb County, Georgia, containing 27.4+7- acres, and being more particularly described as follows: COMMENCING at the intersection of the south right-of-way line of Georgia (CSX Transportation, Seaboard System Railroad) with the east right-of-way line of Rogers Street (a 50 foot right of way), and the POINT

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779

OF BEGINNING; thence south 00 degrees 13 minutes 41 seconds east a distance of 1,678.10 feet to an iron pin placed (shown on the plat as being on the intersection of the east right-of-way line of Rogers Street with the "approximate land lot line" between Land Lot 211 on the north and Land Lot 206 on the south); thence easterly along the property line (and said approximate land lot line) south 89 degrees 14 minutes 40 seconds east a distance of 754.96 feet to an iron pin placed; thence north 00 degrees 31 minutes 32 seconds west a distance of 1,551.31 feet to an iron pin placed on the south right-of-way line of Georgia Railroad; thence westerly along the property line and said right-of-way line along an arc, the radius of which is 2,149.49 feet and the chord for which bears north 84 degrees 45 minutes 24 seconds west a distance of 389.18 feet, an arc distance of 389.72 feet to an iron pin placed; thence, continuing along said right of way, north 79 degrees 33 minutes 45 seconds west a distance of 9.12 feet to an iron pin placed; thence, continuing along said right of way, along an arc, the radius of which is 1,925.02 feet and the chord for which bears north 74 degrees 08 minutes 02 seconds west a distance of 364.24 feet, an arc distance of 364.79 feet, to an iron pin placed at the intersection of the south right-ofway line of Georgia Railroad with the east right-of-way line of Rogers Street, the POINT OF BEGINNING;
I. Floyd County, Georgia, and being all that tract or parcel of land lying and being in Floyd County, Georgia, lying and being a part of Land Lots 872 and 873 of the 3rd Dis trict of Floyd County, Georgia, consisting of 17.54+/- acres and including parcels A, B, C, and D, according to a plat of survey prepared by N. B. DeLoach, Georgia Registered Land Surveyor No. 1347, dated April 19, 1990;
J. Fulton County, Georgia, and being in the City of Atlanta in Land Lot 77 of the 14th District of Fulton County, Georgia, and more particularly described as follows: BEGIN NING at the intersection of the northwest side of the right of way of South Pryor Street with the southwest side of the right of way of Trinity Avenue, and running thence south westerly along the northwest side of the right of way of South Pryor Street a distance of 103.7 feet to the northeast line of property now or formerly owned by I. D. Weitz; running thence northwesterly along the northeast line of said Weitz property a distance of 185.4 feet to a point on the southeast side of a 10-foot alley; running thence northeasterly along the southeast side of said alley a distance of 106.8 feet to the intersection of the southeast side of said alley with the southwest side of the right of way of Trinity Avenue; running thence southeasterly along the southwest side of the right of way of Trinity Avenue a distance of 185.8 feet to the point of beginning; being improved property known as Nos. 209, 211, and 213 South Pryor Street, S. W., and Nos. 160 and 164 Trinity Avenue, S.W., according to the present system of numbering houses in the City of Atlanta, and shown on a blueprint of survey;
K. Fulton County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia, being more particularly de scribed as follows: BEGINNING at the intersection formed by the southeastern side of Pryor Street and the southwestern side of Mitchell Street, and running thence in a southwesterly direction along the southeastern side of Pryor Street a distance of 95 feet to the southwestern edge of a wall; thence in a southeasterly direction along said wall a distance of 140.11 feet to the southeastern edge of another wall on an alley; thence in a northeasterly direction along the southeastern edge of said wall a distance of 95.07 feet to the southwestern side of Mitchell Street; thence in a northwesterly direction along the southwestern side of Mitchell Street a distance of 140.08 feet to the southeastern side of Pryor Street and the point of beginning; being improved property known as Nos. 110112-116 Mitchell Street and Nos. 166-172 Pryor Street, according to the present system of numbering houses and improvements in the City of Atlanta;
L. Fulton County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 6 of the 14th District of Fulton County, Georgia, more particularly described as follows: BEGINNING at a point on the north side of Constitution Road, 1,281.6 feet east of the intersection of the north side of Constitution Road and the east side of Forest Park Road, at an iron pin; thence east along the north side of Constitution Road 600 feet to an

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iron pin at the southeast corner of the Max H. Kessler, et al., tract, and at the west line of property formerly owned by Sawtell; thence north 1 degree 20 minutes west along said property line, 514.4 feet to the right of way of the Southern Railway to an iron pin; thence northwest along the southwest line of the right of way aforesaid, 729.1 feet to an iron pin; thence south 3 degrees 30 minutes east, 899.19 feet to Constitution Road and the point of beginning. Said property being more fully shown on plat of same made by J. A. Page, Surveyor, dated April 12, 1954, and containing 9.62 acres;
M. Fulton County, Georgia, and being more all that tract or parcel of improved land lying and being in the City of Atlanta, in Land Lot 54 of the 14th District of Fulton County, Georgia, containing 0.39 of one acre and being more particularly described as follows: BEGINNING at the southeast corner of Ormond and Fraser Streets, in the City of Atlanta; and running thence east along the south side of Ormond Street 90.2 feet to the west line of Lot 3; thence south along the west line of said Lot 3, 207.2 +- feet, to a 15 foot alley; thence west along the north side of said alley 71.8 feet to Fraser Street; thence north along the east side of Fraser Street 209.8 feet to the point of beginning; being improved property and being now or formerly numbered 53-55-57-59 Ormond Street, S. E., according to the numbering of houses in the City of Atlanta, Georgia;
N. Hall County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 166 of the 9th Land District of Hall County containing 0.95 of one acre and being more particularly described on a plat of survey entitled "Proposed acquisition by the State of Georgia, custody in the Department of Corrections" by Georgia Registered Land Surveyor Tommie M. Donaldson, Jr., #1617, on file with the State Properties Commission;
O. Houston County, and being all that tract or parcel of land lying and being in the upper 5th District of Houston County, Georgia, containing 139.9+/- acres, and being part of Land Lots 83 and 84, and being more particularly described in a plat of survey by Cherokee Engineering Company dated June, 1957, entitled "Property of the State of Georgia, Georgia Forestry Commission" (recorded in Map Book 4, page 266, in Houston County Deed Records) on file with the State Properties Commission;
P. Lumpkin County, Georgia, and being in the 13th Land District, 1st Section, and being all of Land Lots Nos. Ill, 112, 113, 146, and 147, and being a portion of Land Lots Nos. 84 and 148, Lumpkin County, Georgia, containing 239+7- acres as shown on a drawing on file with the State Properties Commission;
Q. Richmond County, Georgia, and being all those tracts or parcels of land lying and being in Richmond County containing 550-f/- acres and being in close proximity to Gracewood State School and Hospital as illustrated on that certain drawing on file in the offices of the State Properties Commission;
R. Wayne County, Georgia, and being all that tract or parcel of land lying and being in the City of Jesup, Wayne County, containing 6.5+/- acres, and being generally described as that parcel of improved property situate, lying and being on State Highway 38, north east of the intersection of Project Street, and is more particularly shown on a plat of survey on file in the offices of the State Properties Commission;
S. White County, Georgia, and being all that tract or parcel of land lying and being in the 162nd Land Lot of White County and being generally described as that certain now va cant and unimproved tract or parcel of land situate, lying and being west of Loudsville Road, containing 5+/- acres, and is more particularly shown on a plat of survey on file in the offices of the State Properties Commission;
and
WHEREAS, each of the above-described tracts or parcels may be more particularly de scribed on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the purchaser to the State Properties Commission for approval; and

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781

WHEREAS, said properties are under the custody of the State Properties Commission, Department of Defense, Stone Mountain Memorial Association, Georgia Building Au thority, Department of Education, Department of Corrections, Georgia Forestry Commis sion, Department of Agriculture, Department of Natural Resources, and the Department of Human Resources; and
WHEREAS, the subject properties are underutilized and the Commission on Privatiza tion has determined that all or a portion of the above-described parcels are surplus to the needs of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the State of Georgia is the owner of the above-described real properties and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That all or a portion of each of the above-described real properties shall be sold by competi tive bid for a consideration of the fair market value of such properties as determined to be in the best interest of the State of Georgia by the State Properties Commission or all or a portion of each of the above-described real properties may be sold to a local city, county, development authority, school board, or other public entity for not less than the fair market value without the necessity of competitive bid, and such further consideration and provi sions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 4.
That each deed of conveyance shall be recorded by the purchaser in the superior court of the county of the property's origin and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 5.
That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
That all laws and parts of laws in conflict with this resolution are repealed.
Senator Burton of the 5th offered the following amendment:
Amend the committee substitute to SR 457
by deleting lines 1 through 10 page 3 and referencing following sections accordingly.
On the adoption of the amendment, the yeas were 40, nays 1, and the Burton amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch
Bowen Broun of 46th
Brown of 26th
Burton Cagle Cheeks Clay Crotts Dean Edge
Egan Farrow Gillis Glanton Gochenour

Griffin Guhl
Harbison Henson
Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land
Langford Madden Marable McGuire

Newbill Oliver
Perdue Pollard
Ragan
Ralston Scott Slotin Starr Stokes Tanksley Taylor
Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Boshears (excused)

Day (excused) Middleton

Ray (presiding) Walker

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SB 593. By Senators Stokes of the 43rd, Griffin of the 25th, Newbill of the 56th and Langford of the 29th:

A bill to amend Article 4 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to require certain fulltime local school system finance officers and accounting personnel to attend and complete the School Finance Officers Certification Program conducted by the Carl Vinson Institute of Government.

The Senate Education Committee offered the following amendment:
Amend SB 593 by striking lines 5 through 7 on page 1 and inserting in lieu thereof the following:
"and complete an appropriate school finance program; to repeal conflicting laws; and for other".
By striking lines 23 through 27 on page 1 and inserting in lieu thereof the following:
"system employs to attend and complete an appropriate school finance program.'"
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black

Blitch Bowen

Broun of 46th Brown of 26th

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783

Burton Cagle Cheeks Clay Crotts Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison
Henson

Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt 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:

Balfour Boshears (excused)

Day (excused) Egan

Ray (presiding) Walker

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Cheeks of the 23rd moved that he be excused from voting, pursuant to Rule 175. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Cheeks was excused from voting.

SB 169. By Senator Egan of the 40th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to outdoor advertising along the state highway sys tem, so as to provide that the Department of Transportation shall not allow or undertake the removal, trimming, cutting, clearance, or alteration of any trees or vegetation on the state's rights of way to improve the visibility of any outdoor advertising sign.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Bowen Broun of 46th Brown of 26th Burton Clay Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Balfour Boshears (excused) Cagle

Cheeks (excused) Crotts Day (excused)

Ray (presiding) Walker

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 659. By Senators Dean of the 31st, Ray of the 19th and Marable of the 52nd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, so as to amend the provisions relating to county financial statements and audits; to delete certain provisions relating to publication and posting of such statements; to conform various re quirements relative to such matters; to provide that copies of the county audit be submitted to the grand jury.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 659:
A BILL
To be entitled an Act to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relative to counties, so as to provide that copies of the county financial statement or audit be submitted to the grand jury; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions relative to counties, is amended by striking subsection (a) of Code Section 36-1-7, relating to submissions of returns by county officials to the grand juries, and inserting in lieu thereof the following:
"(a) The judges of the probate courts, county treasurers, clerks of the superior courts, and sheriffs of the various counties shall make a return, under oath, to the grand juries of their respective counties on the first day of each term of the superior court. The return shall set forth a just and true statement of the amount of money belonging to the county which was received by them and the source from which the money was received, along with their expenditures, accompanied by proper voucheit. a copy of the most recent finan cial statement or annual audit of the financial affairs of the county offices subject to this Code section."
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 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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785

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Black Boshears (excused)

Bowen Cagle Day (excused) Ragan

Ralston Ray (presiding) Tanksley Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
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 1051. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Stanley of the 50th and Connell of the 115th:
A resolution relative to adjournment.
The following resolution was read and put upon its adoption:

HR 1051. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Stanley of the 50th and Connell of the 115th:

A RESOLUTION

Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Wednesday, February 21, 1996, and shall recon vene on Monday, February 26, 1996.
On the adoption of the resolution, the yeas were 34, nays 6, and the resolution was adopted.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 1:13 P.M. the President announced the Senate adjourned.

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Senate Chamber, Atlanta, Georgia Wednesday, February 21, 1996 Twenty-seventh Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Blitch of the 7th moved that Senator Boshears of the 6th be excused due to hospitalization. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Boshears was excused.
Senator Marable of the 52nd moved that Senator Thompson of the 33rd be excused due to illness. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Thompson was excused.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused due to illness. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Kemp was excused.
Senator Burton of the 5th moved that the Senate reconsider its action in passing the following bill:

SB 616. By Senators Farrow of the 54th, Ralston of the 51st and James of the 35th:

A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide a presumption of joint legal and physical custody; to provide for exceptions; to provide an effective date; to provide for applicability.

On the motion, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Burton Egan Farrow Hill

Lamutt Langford Madden Middleton Newbill Oliver

Slotin Starr Stokes Thomas Tysinger

Those voting in the negative were Senators:

Balfour
Bowen Broun of 46th Brown of 26th Cagle Cheeks Clay Crotts Day Dean

Gillis
Glanton Gochenour Griffin Guhl Harbison Hooks James Johnson of 1st Land

Marable
McGuire Perdue Pollard Ralston Ray Scott Tanksley Taylor Turner

Those not voting were Senators:

Abernathy Boshears (excused) Edge

Henson Johnson of 2nd Kemp (excused)

Ragan Thompson (excused) Walker

On the motion, the yeas were 17, nays 30, and the Senate did not reconsider its action in passing SB 616.

WEDNESDAY, FEBRUARY 21, 1996

787

By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1705. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a county supplement to the senior judges of such judicial circuit.
HB 1712. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th and others:
A bill to create the State Court of Forsyth County.
HB 1714. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.
HB 1715. By Representatives Randall of the 127th, Reichert of the 126th, Falls of the 125th and others:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to repeal certain provisions relating to the filling of vacancies on such board; to provide for filling vacancies in the membership of the board of commissioners.
HB 1718. By Representative Buckner of the 95th:
A bill to provide a new charter for the City of Lake City.
HB 1720. By Representative Coleman of the 142nd:
A bill to provide for the election of members of the Board of Education of Dodge County; to provide for education districts.
HB 1724. By Representatives Connell of the 115th, Williams of the 114th, DeLoach of the 119th and others:
A bill to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such de partment by the Richmond County Board of Health, so as to change the compo sition of said board of health.

788

JOURNAL OF THE SENATE

HB 1569. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chapter 13 of Title 19; to provide that no fee shall be as sessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges against a domestic violence offend-

HB 667. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemptions for qualified disabled veterans, so as to au thorize the unremarried surviving spouse or minor children of a qualified veter an who was killed in any war or armed conflict to receive such exemption.
HB 1318. By Representatives Lucas of the 124th, Polak of the 67th, Walker of the 141st and others:
A bill to amend Chapter 2 of Title 21, relating to elections and primaries gener ally, and Code Section 45-5-3, relating to the election or appointment of succes sors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide.
HB 1014. By Representative Cummings of the 27th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to prohibit storage of fireworks except as otherwise provided by law; to provide for storage of fireworks by certain li censed nonmanufacturers; to provide for disposition of certain excess fireworks.
HB 1531. By Representatives Buckner of the 95th, Byrd of the 170th and Smith of the 169th:
A bill to amend Code Section 16-6-8 of the Official Code of Georgia Annotated, relating to public indecency, so as to provide that the provisions of said Code section shall be cumulative to other laws and rules and regulations.
HB 1033. By Representatives Poston of the 3rd, Crews of the 78th and Harris of the 17th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and sexual as sault by a practitioner of psychotherapy against a patient, so as to provide a definition.
HB 873. By Representative Teper of the 61st:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to conveyance of rights in works of fine art, so as to change a certain condition upon which printers may agree to duplicate works of fine art.

WEDNESDAY, FEBRUARY 21, 1996

789

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 995. By Representative Hudson of the 156th:
A resolution creating the Joint Study Committee on the Georgia Firemen's Pen sion Fund.
HR 987. By Representatives Walker of the 141st, Felton of the 43rd, Royal of the 164th and others:
A resolution amending a. resolution creating the Georgia Future Communities Commission, so as to change the date on which the commission shall be abol ished.
The House has agreed to the Senate substitute to the following bill of the House:
HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs.
The following bills were introduced, read the first time and referred to committees:
SB 742. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to phy sicians of other states and foreign countries entering this state for consultation; to provide for rules and regulations; to provide for registration.
Referred to Committee on Health and Human Services.
SB 743. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotat ed, relating to delegation of authority by a physician to a nurse or physician's assistant, so as to provide that the Composite State Board of Medical Examiners shall provide by rule or regulation for the scope of authority of licensed physi cians to delegate to a qualified person any acts, duties, or responsibilities relat ing to radiological technology.
Referred to Committee on Health and Human Services.
SB 744. By Senator Madden of the 47th:
A bill to amend Code Section 21-2-540 of the Official Code of Georgia Annotated, relating to the conducting of special elections, so as to provide for the holding of certain special elections on dates other than statutorily specified dates; to pro vide for conditions and limitations; to provide for an effective date.
Referred to Committee on Ethics.
SB 745. By Senator Madden of the 47th:
A bill to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses.
Referred to Committee on State and Local Governmental Operations.

790

JOURNAL OF THE SENATE

SB 746. By Senator Henson of the 55th:
A bill to amend an Act establishing in DeKalb County districts from which members of the DeKalb County Board of Education shall be elected, as amended, so as to change the provisions relating to the compensation of the chairperson and members of the board of education; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 747. By Senators Griffin of the 25th, Black of the 53rd and Blitch of the 7th:
A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to create the Veterans Affairs Overview Com mittee as a joint committee of the General Assembly; to provide for the member ship, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.
Referred to Committee on Rules.
The following bills were read the first time and referred to committees:
HB 667. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemptions for qualified disabled veterans, so as to au thorize the unremarried surviving spouse or minor children of a qualified veter an who was killed in any war or armed conflict to receive such exemption.
Referred to Finance and Public Utilities Committee.
HB 873. By Representative Teper of the 61st:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to conveyance of rights in works of fine art, so as to change a certain condition upon which printers may agree to duplicate works of fine art.
Referred to Consumer Affairs Committee.
HB 1014. By Representative Cummings of the 27th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to prohibit storage of fireworks except as otherwise provided by law; to provide for storage of fireworks by certain li censed nonmanufacturers; to provide for disposition of certain excess fireworks.
Referred to Judiciary Committee.
HB 1033. By Representatives Poston of the 3rd and Crews of the 78th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against persons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and sexual as sault by a practitioner of psychotherapy against a patient, so as to provide a definition.
Referred to Judiciary Committee.

WEDNESDAY, FEBRUARY 21, 1996

791

HB 1318. By Representatives Lucas of the 124th, Polak of the 67th, Walker of the 141st and others:
A bill to amend Chapter 2 of Title 21, relating to elections and primaries gener ally, and Code Section 45-5-3, relating to the election or appointment of succes sors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide.
Referred to State and Local Governmental Operations Committee (General).
HB 1531. By Representatives Buckner of the 95th, Byrd of the 170th and Smith of the 169th:
A bill to amend Code Section 16-6-8 of the Official Code of Georgia Annotated, relating to public indecency, so as to provide that the provisions of said Code section shall be cumulative to other laws and rules and regulations.
Referred to Special Judiciary Committee.
HB 1569. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chapter 13 of Title 19; to provide that no fee shall be as sessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges against a domestic violence offend er.
Referred to Judiciary Committee.
HR 987. By Representatives Walker of the 141st, Felton of the 43rd, Royal of the 164th and others:
A resolution amending a resolution creating the Georgia Future Communities Commission, so as to change the date on which the commission shall be abol ished.
Referred to State and Local Governmental Operations Committee (General).
HR 995. By Representative Hudson of the 156th:
A resolution creating the Joint Study Committee on the Georgia Firemen's Pen sion Fund.
Referred to Rules Committee.
HB 1705. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a county supplement to the senior judges of such judicial circuit.
Referred to State and Local Governmental Operations Committee.
HB 1712. By Representatives Evans of the 28th, Breedlove of the 85th, Pinholster of the 15th and others:
A bill to create the State Court of Forsyth County.
Referred to State and Local Governmental Operations Committee.

792

JOURNAL OF THE SENATE

HB 1714. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.
Referred to State and Local Governmental Operations Committee.

HB 1715. By Representatives Randall of the 127th, Reichert of the 126th, Falls of the 125th and Ray of the 128th:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to repeal certain provisions relating to the filling of vacancies on such board; to provide for filling vacancies in the membership of the board of commissioners.
Referred to State and Local Governmental Operations Committee.

HB 1718. By Representative Buckner of the 95th: A bill to provide a new charter for the City of Lake City.
Referred to State and Local Governmental Operations Committee.

HB 1720. By Representative Coleman of the 142nd:
A bill to provide for the election of members of the Board of Education of Dodge County; to provide for education districts.
Referred to State and Local Governmental Operations Committee.

HB 1724. By Representative Connell of the 115th:

A bill to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such de partment by the Richmond County Board of Health, so as to change the compo sition of said board of health.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:
The Committee on Agriculture has had under consideration the following resolution and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SR 581. Do pass.

HB 1458. Do pass.

HB 1405. Do pass.

Respectfully submitted, Senator Ragan of the llth District, Chairman

Mr. President: The Committee on Banking and Financial Institutions has had under consideration
the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 721. Do pass by substitute.
Respectfully submitted, Senator Turner of the 8th District, Chairman

WEDNESDAY, FEBRUARY 21, 1996

793

Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 522. Do pass.

SB 596. Do pass by substitute.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:
The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1431. Do pass.
Respectfully submitted,
Senator Harbison of the 15th District, Chairman

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 1316. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Judiciary has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 602. Do pass.
Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:

The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 529. Do pass.

SR 540. Do pass as amended.

Respectfully submitted, Senator Scott of the 36th District, Chairman

794

JOURNAL OF THE SENATE

Mr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1278. Do pass by substitute.
Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State & Local Governmental Operations has had under considera tion the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 725. Do pass.

HR 826. Do pass.

HB 1383. Do pass.

HR 878. Do pass.

HB 1497. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 734. Do pass.

HB 1629. Do pass.

HB 1594. Do pass.

HB 1646. Do pass.

HB 1608. Do pass.

HB 1658. Do pass.

HB 1615. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 3. Do pass by substitute.

SR 570. Do pass.

SR 484. Do pass.

HB 1506. Do pass.

Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 737 HB 1266

SB 739 HB 1326

SR 518 HB 1367

SR 569 HB 1501

HB 1198 HR 940

HB 1229

WEDNESDAY, FEBRUARY 21, 1996

795

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 Gillis

Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger

Those not answering were Senators:

Abernathy Boshears (excused) Henson

Johnson of 2nd Kemp (excused)

Thompson (excused) Walker

Senator Harbison of the 15th introduced Major General William Bland, a representa tive from the National Guard, commended by SR 464, adopted previously, who addressed the Senate briefly.
Elm Street Elementary School Color Guard presented the Colors, and led the Senate in the Pledge of Allegiance to the Flag of the United States of America.
Senator Hill of the 4th introduced the chaplain of the day, Major James B. Rosser of the Army National Guard, Albany, Georgia, who offered scripture reading and prayer.
Senator Brown of the 26th introduced members of the Macon Chamber of Commerce, commended by SR 563, adopted previously, and the Chairman of Keep Macon-Bibb Beauti ful, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 585. By Senator Bowen of the 13th:
A resolution commending Ms. Wendi Youngblood.

SR 586. By Senator Egan of the 40th:
A resolution recognizing the American Association of Retired Persons and de claring AARP Day at the Capitol.

SR 587. By Senator Ralston of the 51st: A resolution expressing regret at the passing of Brett Channing Dickey.

796

JOURNAL OF THE SENATE

The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday February 21, 1996
TWENTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 734 Ralston, 51st FANNIN COUNTY
An Act to provide for the election of members of the Board of Education, and for other purposes.
HB 1594 Edge, 28th Glanton, 34th FAYETTE COUNTY
An Act to amend an Act creating the State Court of Fayette County, so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court.
HB 1608 Bowen, 13th IRWIN COUNTY
An act to amend an Act creating the board of commissioners, so as to change provisions relating to the secretary of the board of commissioners; and for other purposes.
HB 1615 Broun, 46th CLARKE COUNTY
An Act to amend an Act entitled "An Act establishing a City Court in the County of Clarke," formerly known as the State Court of Clarke County, so as to repeal certain provisions relating to an additional judge for such court.
HB 1629 Crotts, 17th BUTTS COUNTY
An Act to amend an Act making provisions for the Magistrate Court, so as to repeal certain provisions relating to the compensation of the chief magistrate of that court.
HB 1646 Kemp, 3rd Johnson, 2nd BRYAN COUNTY
An Act to amend an Act establishing the State Court of Bryan County, so as to change the terms of court.
HB 1658 Taylor, 12th RANDOLPH COUNTY
An Act to provide that all vehicles shall be registered and licensed to operate for calendar year 1988 and thereafter during the four-month nonstaggered registra tion period from January 1 through April 30 as provided by general law.

WEDNESDAY, FEBRUARY 21, 1996

797

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Blitch
Brown of 26th Burton
Cagle Cheeks Clay
Crotts Day Dean Edge Ejjan Farrow
Gillis

Glanton Gochenour
Griffin
Guhl Harbison
Henson Hooks James
Johnson of 1st Lamutt Land Langford Madden Marable
McGuire

Middleton Newbill
Pollard
Ralston Ray
Scott Slotin Starr
Stokes Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Black
Boshears (excused) Bowen
Broun of 46th

Hill
Johnson of 2nd Kemp (excused)
Oliver

Perdue
Ragan Thompson (excused)
Walker

On the passage of the local bills the yeas were 44, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

NOTICE OF MOTION TO RECONSIDER:

SB 616 Child Custody--presumption of joint, legal physical custody (Substitute) (S Judy--54th)
SENATE RULES CALENDAR
Wednesday, February 21, 1996 TWENTY-SEVENTH LEGISLATIVE DAY

SB 705 Marriage, Family Therapists--titles, designations, licensure (Substitute) (H&HS--47th)
SB 219 Child Custody--crime of interference with visitation (Substitute) (S Judy--53rd)
SB 598 Bonafide Conservation Use Property--family limited partnership (Judy--37th)
SB 643 Housing Authorities--commissioners (Substitute) (SLGO-G--1st)
SB 657 Liming Materials Act of 1996--provide (Ag--llth)
SB 669 Magistrate Courts--increase amount of filing fee (S Judy--44th)
SB 674 Public Property--restrict certain establishments where nudity exhibited (SLGO-G--38th)

798

JOURNAL OF THE SENATE

SB 686 MARTA--medical insurance coverage for passengers (Amendment) (SLGO-G--38th)
SB 715 Merger of Chambers of Commerce--approval of governing authority (SLGO-G--43rd)
SB 581 Hospital Authorities--acquisition at less than fair market value (Substitute) (SLGO-G--33rd)
SB 635 State Employees--merit system, agency role in positions filled after 7/1/96 (Sub stitute) (Approp--12th)
SB 687 Medical Assistance Act--violation bars participation (Substitute) (H&HS --17th)
SB 695 Municipality Corporate Limits--annexation whether contiguous or not (Amend ment) (SLGO--G--12th)
SB 703 State Planning and Development--budgetary oversight provisions (Approp--14th)
SB 724 Driver Operating Records--access by rental car company (Pub Saf-- 13th)
Respectfully submitted, lal Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SB 705. By Senators Madden of the 47th and Marable of the 52nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotat ed, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the prohibitions against using cer tain titles and designations; to change the provisions relating to eligibility for licensure; to change the provisions regarding licensure in marriage and family counseling; to provide for associate marriage and family therapists.
The Senate Health and Human Services Committee offered the following substitute to SB 705:
A BILL To be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Ther apists Licensing Law," so as to change the prohibitions against using certain titles and designations; to change the provisions relating to eligibility for licensure; to change the provisions regarding licensure in marriage and family therapy; to provide for associate marriage and family therapists; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Coun selors, Social Workers, and Marriage and Family Therapists Licensing Law," is amended by striking subsection (a) of Code Section 43-10A-7, relating to use of certain titles and designations, and inserting in its place the following:
"(a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, or marriage and family

WEDNESDAY, FEBRUARY 21, 1996

799

therapy, nor advertise the performance of such practice, nor use the title 'professional counselor,' 'social worker,' or 'marriage and family therapist,' or 'associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, social worker, or marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter."
SECTION 2.
Said chapter is further amended by striking paragraph (2) of Code Section 43-10A-8, relat ing to eligibility for licensure, and inserting in its place the following:
"(2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of yaiagraph (0) subparagraph (a)(2)(A) of Code Section 43-10A-13 shall not be required to pass such examination;".
SECTION 3.
Said chapter is further amended by striking Code Section 43-10A-13, relating to require ments for licensure in marriage and family therapy, which reads as follows:
"43-10A-13.
(a) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a master's degree are as follows:
(1)(A) A master's degree from a program in any specialty, any allied profession, applied child and family development, or applied sociology;
(B) A master's degree from any program accredited by the Commission on Accredita tion for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; or
(C) A master's degree based on a specific course of study consisting of at least 45 se mester or 75 quarter hours which shall include six semester or ten quarter hours of general family studies, six semester or ten quarter hours of marital and family therapy theory, and three semester or five quarter hours of professional ethics; provided, how ever, that any person qualified for licensure pursuant to the provisions of this subpara graph must have applied for licensure prior to July 1, 2001; and
(2) Completion of 2,000 hours of client contact experience, at least 500 hours of which shall have been in the practice of marriage and family therapy, as follows:
(A) Up to 500 such hours may be obtained either before granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and
(B) At least 1,500 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours.
(b) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a doctorate degree are as follows:
(1) A doctorate degree in a program which meets the requirements of paragraph (1) of subsection (a) of this Code section; and
(2) Completion of 900 hours of client contact experience in the practice of marriage and family therapy as follows:
(A) Up to 500 such hours may be obtained before the granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and
(B) At least 400 of such hours shall be obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours.

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JOURNAL OF THE SENATE

(c) Notwithstanding any provision of this Code section to the contrary, any person who has met the requirements for a clinical membership in the American Association for Marriage and Family Therapy and who presents evidence of such membership to the board shall be qualified for licensure in marriage and family therapy.",
and inserting in its place the following:
"43-10A-13.
(a) The education, experience, and training requirements for licensure in marriage and family therapy are as follows:
(1) For licensure as an associate marriage and family therapist, a master's degree in a program in marriage and family therapy or a program including a master's degree and additional post-master's degree coursework, both of which programs shall include three courses in marriage and family studies, three courses in marriage and family therapy, three courses in human development, one course in marriage and family ther apy ethics, and one course in research, or from any program accredited by the Commis sion on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; completion of a one-year practicum in marriage and family therapy under supervision before or after the grant ing of the master's degree, which practicum shall include 500 hours of direct clinical experience in marriage and family therapy and 100 hours of supervision of such expe rience; and registration with the board of an acceptable contract for obtaining the post master's experience under direction and supervision required for licensure as a mar riage and family therapist; and
(2) For licensure as a marriage and family therapist:
(A) Licensure as an associate marriage and family therapist and two years of fulltime post-master's experience or its equivalent in the practice of marriage and fam ily therapy under direction and supervision as an associate marriage and family therapist, which shall include a minimum of 2,000 hours of direct clinical experience and 100 hours of supervision of such experience and which shall be completed within a period of not less than two years and not more than five years;
(B) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and shall include a course of study in the principles and practice of marriage and family therapy, including at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; and three years' full-time post-master's experience or its equivalent under direction and supervision in the practice of any specialty, which shall include a minimum of 2,500 hours of direct clinical experience, one year of which may have been in an approved practicum before or after the granting of the master's degree which shall include a minimum of 500 hours of direct clinical experi ence, and two years of which shall have been in the practice of marriage and family therapy which shall include a minimum of 2,000 hours of direct clinical experience, and 200 hours of supervision of such experience all of which shall be completed within a period of not less than three years and not more than five years; or
(C) A doctorate degree from a program in any specialty, any allied profession, ap plied child and family development, applied sociology, or from any program accred ited by the Commission on Accreditation for Marriage and Family Therapy education, which degree shall have been granted by a recognized educational institu tion and shall include a course of study in the principles and practice of marriage and family therapy, including at least two courses in marriage and family studies, two courses in marriage and family therapy, and after July 1, 2000, one course in marriage and family therapy ethics; two years' full-time post-master's experience under direction in the practice of marriage and family therapy which shall include a

WEDNESDAY, FEBRUARY 21, 1996

801

minimum of 1,500 hours of direct clinical experience, one year of which may have been in an approved internship program before or after the granting of the doctoral degree, which shall include a minimum of 500 hours of direct clinical experience, and one year of which shall have been full-time post-master's experience, which shall include a minimum of 1,000 hours of direct clinical experience; and 100 hours of supervision of such experience in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program.
(b) Persons intending to apply for licensure as a marriage and family therapist and who have completed one of the graduate degrees required for such licensure may regis ter a contract with the board for obtaining the required post-master's experience under direction and supervision.
(c) Associate marriage and family therapists may only use the title 'associate marriage and family therapist' and may practice marriage and family therapy only under direc tion and supervision and only for a period not to exceed five years while obtaining the post-master's experience required for licensure as a marriage and family therapist."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
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 Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan Ralston
Ray Scott Slotin Starr
Stokes Tanksley
Taylor Thomas
Turner Tysinger

Those not voting were Senators:

Abernathy Boshears (excused) Bowen

Broun of 46th Crotts Egan

Kemp (excused) Thompson (excused) Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

802

JOURNAL OF THE SENATE

SB 219. By Senators Black of the 53rd, Glanton of the 34th, McGuire of the 30th and others:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to criminal interference with custody, so as to provide for the inclusion therein of the new crime of interference with visitation.
The Senate Special Judiciary Committee offered the following substitute to SB 219:
A BILL
To be entitled an Act to amend Code Section 16-5-45 of the Official Code of Georgia Anno tated, relating to criminal interference with custody, so as to provide for the inclusion therein of the new crime of interference with visitation; to provide for related matters; to repeal conflicting laws; and for other matters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to criminal inter ference with custody, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this Code section, the term:
(1) 'Committed person' means any child or other person whose custody is entrusted to another individual by authority of law.
(2) 'Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings.
(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-17, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.
(4) 'Lawful visitation' means that visitation allowed to the noncustodial parent or guardian by proper authority as provided in Article 1 of Chapter 9 of Title 19."
SECTION 2.
Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d)(l) A person commits the offense of interference with visitation when, without lawful authority to do so, the person intentionally and willfully refuses to allow lawful visita tion. No person shall be charged with the offense of interference with visitation unless he or she has received notice by certified mail, return receipt requested, not less than ten days prior to an act punishable under this subsection of a demand by the noncustodial parent that no further acts of interference with visitation occur. This subsection shall not apply to court ordered visitation when the language used in the order to describe such visitation is vague and indefinite, including, but not limited to, language such as 'reason able visitation' or Visitation as the parties may agree.' Tardiness of less than 40 minutes in complying with court ordered visitation by the custodial parent or guardian shall not give rise to a criminal charge under this subsection. Tardiness of more than 40 minutes shall not give rise to a criminal charge under this subsection unless it is of a repeated and harassing nature without justifiable cause.
(2) A person convicted of violating this subsection shall be punished as follows:
(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less that $200.00 nor more than $500.00 or shall be imprisoned for not less than one nor more than five months, or both fined and imprisoned; and

WEDNESDAY, FEBRUARY 21, 1996

803

(B) Upon conviction of the second or subsequent offense, the defendant shall be guilty of a misdemeanor and shall be fined not less that $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three nor more than 12 months, or both fined and imprisoned."

SECTION 3.

All laws and parts of laws in conflict with the Act are repealed.
Senator Black of the 53rd offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to SB 219 by adding after the period at the end of line 21 of page 2 the following:
"For purposes of this subsection, a custodial parent shall have justifiable cause to refuse to allow lawful visitation if a noncustodial parent seeks to exercise lawful visitation when the noncustodial parent reasonably appears to be under the influence of alcohol or drugs to such an extent that the welfare and safety of the child or children would be endan gered by being in the physical custody of such noncustodial parent."
Striking on page 1 line 6 "matters" and inserting in lieu thereof "purposes."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch Bowen
Broun of 46th Burton Cagle Cheeks
Clay Crotts Day
Dean Edge
Egan Farrow

Gillis Glanton
Gochenour Griffin Guhl
Henson Hill Hooks James
Johnson of 2nd Johnson of 1st Lamutt
Land Langford
Madden Marable

McGuire Middleton
Newbill Oliver Perdue
Pollard Ragan Ralston Ray
Slotin Starr Stokes
Turner Tysinger
Walker

Voting in the negative was Senator Taylor.

Those not voting were Senators:

Boshears (excused) Brown of 26th Harbison

Kemp (excused) Scott Tanksley

Thomas Thompson (excused)

On the adoption of the amendment, the yeas were 47, nays 1, and the Black amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 4, 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:

Black

Cagle

Day

Blitch

Clay

Edge

804

JOURNAL OF THE SENATE

Egan Glanton Gochenour
Griffin Guhl

James Johnson of 2nd Johnson of 1st
McGuire Newbill

Ragan Ralston Taylor
Walker

Those voting in the negative were Senators:

Abernathy
Balfour Bowen Broun of 46th
Burton Cheeks Crotts
Dean Farrow Gillis

Henson Hill Hooks Lamutt Land Langford Madden Marable Middleton

Oliver Perdue Pollard Ray Slotin Starr Stokes Turner Tysinger

Those not voting were Senators:

Boshears (excused) Brown of 26th Harbison

Kemp (excused) Scott Tanksley

Thomas Thompson (excused)

On the passage of the bill, the yeas were 20, nays 28.
The bill, having failed to receive the requisite constitutional majority, lost.
Senator Edge of the 28th moved that Senator Tanksley of the 32nd be excused to at tend his father's interment at Arlington National Cemetery. On the motion, the yeas were 42, nays 0, and Senator Tanksley was excused.

SB 643. By Senators Johnson of the 1st, Thomas of the 10th, Dean of the 31st and Johnson of the 2nd:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to permit at least one elected official of the appointing political subdivision to serve as a commissioner of the housing authority.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 643:
A BILL
To be entitled an Act to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to permit at least one elected official or an employee of the appointing political subdivision to serve as a com missioner of the housing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, is amended by striking subsection (d) of Code Section 8-3-50, relating to appointment, qualifications, and tenure of housing authority commis sioners, in its entirety and inserting in lieu thereof the following:
\u/ ING COlliiliiSSIOiitil 01 cii'l &UL11G1 ity lil&y Dfi iiii OltlCci' 01' cillpioye^ 01 Lll Cit^ Oi' COU-tlty
foi which the authority is mealed. Not more than one commissioner may be an elected official or an employee of the governing authority of the city or county for which the authority is created."

WEDNESDAY, FEBRUARY 21, 1996

805

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 39, nays 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 Broun of 46th Brown of 26th Burton Clay Dean

Glanton Gochenour Guhl Henson Johnson of 2nd Johnson of 1st

Lamutt Perdue Ray Starr Thomas Tysinger

Those voting in the negative were Senators:

Black Blitch Bowen Cagle Cheeks Crotts Day Edge Egan Farrow Gillis

Griffin Harbison Hill Hooks James Land Langford Madden Marable McGuire Middleton

Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Taylor Thompson Turner

Those not voting were Senators:

Boshears (excused) Kemp (excused)

Tanksley (excused) Walker

On the passage of the bill, the yeas were 19, nays 33. The bill, having failed to receive the requisite constitutional majority, lost.

SB 657. By Senators Ragan of the llth, Cagle of the 49th and Guhl of the 45th:
A bill to amend Chapter 12 of Title 2, of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to pro vide for a short title; to provide for definitions; to regulate the sale and distribu tion of agricultural liming materials in this state; to provide for administration.
Senator Ragan of the llth moved that SB 657 be postponed to February 27, 1996.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 657 was post poned to February 27, 1996.
Senator Clay of the 37th moved that Senator James of the 35th be excused due to duty in her district. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator James was excused.

806

JOURNAL OF THE SENATE

SB 669. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend Code Section 15-10-80 of the Official Code of Georgia Annotated, relating to fees and costs in the magistrate court, so as to increase the amount of the filing fee.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Dean
Edge Egan Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Blitch Boshears (excused) Day

Griffin James (excused) Kemp (excused)

Scott Stokes Tanksley (excused)

On the passage of the bill, the yeas were 46, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Hooks of the 14th introduced the doctor of the day, Dr. Ainsworth Dudley of Americus, Georgia.

SB 674. By Senators Abernathy of the 38th, Clay of the 37th, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to restrict the location of commercial establishments where nudity is exhibited; to define a certain term.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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

WEDNESDAY, FEBRUARY 21, 1996

807

Egan Gillis Glanton Gochenour Griffin
Guhl Harbison Henson Hill Hooks
Johnson of 2nd

Johnson of 1st Lamutt Land Langford Madden
Marable McGuire Middleton Newbill Oliver
Perdue

Pollard Ragan Ralston Ray Scott
Slotin Stokes Taylor Thompson Turner
Tysinger

Those not voting were Senators:

Boshears (excused) Farrow James (excused)

Kemp (excused) Starr Tanksley (excused)

Thomas Walker

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 686. By Senators Abernathy of the 38th, Edge of the 28th, Ralston of the 51st and Boshears of the 6th:

A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965,"
as amended, so as to require medical insurance coverage for the general public riding aboard Authority vehicles; to provide for related matters; to provide for automatic repeal.

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend SB 686 by striking lines 23 through 26 and inserting in lieu thereof the following:
"through self-insurance or through insurance coverage issued, delivered, or issued for delivery by an insurer authorized to do business in this state and shall provide minimum medical coverage in an amount not less than $2,000.00 per passenger.'"
By striking on line 28 the date "July 1, 1977" and inserting in lieu thereof the date "December 31, 1996".
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Brown of 26th
Burton Dean

Harbison Henson
Hill Johnson of 2nd

Ralston Stokes Walker

Those voting in the negative were Senators:

Balfour Bowen
Broun of 46th Cagle Cheeks Clay Crotts

Day Edge
Egan Farrow Gillis Glanton Gochenour

Guhl Hooks
Lamutt Land Langford Madden Marable

808

JOURNAL OF THE SENATE

McGuire Newbill Oliver Perdue Pollard

Ragan Ray Slotin Starr

Taylor Thompson Turner Tysinger

Those not voting were Senators:

Black Blitch Boshears (excused) Griffin

James (excused) Johnson of 1st Kemp (excused) Middleton

Scott Tanksley (excused) Thomas

On the passage of the bill, the yeas were 11, nays 34. The bill having failed to receive the requisite constitutional majority, lost. At 12:05 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. The President called the Senate to order at 1:30 P.M. The Calendar was resumed.

SB 715. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the approval of the governing authority of each affected county or municipal corporation before a merger of any county or municipal chambers of commerce becomes effective.
Senator Stokes of the 43rd moved that SB 715 be postponed to February 27, 1996.
On the motion, the yeas were 38, nays 2; the motion prevailed, and SB 715 was post poned to February 27, 1996.

SB 581. By Senator Thompson of the 33rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide that public or pri vate corporations may not retain any hospital authority real or personal prop erty acquired at less than fair market value unless their corporate directors are appointed by the governing authority of the county or municipality which ap points the members to such hospital authority.
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 581:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide that any private corpo ration leasing a not-for-profit public hospital for less than fair market value shall present its annual budget and monthly expenditures to the publicly appointed board for review; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding following Code Section 31-7-72.1 a new Code sec tion to read as follows:

WEDNESDAY, FEBRUARY 21, 1996

809

"31-7-72.2.

"(a) Any private corporation leasing a not-for-profit public hospital for less than fair mar ket value shall present its annual budget and monthly expenditures to the publicly ap pointed board for review."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment:
Amend the committee substitute to SB 581 by striking on line 18, the word "board" and inserting in lieu thereof the words, "Hospital Authority."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Bowen Broun of 46th
Brown of 26th Cagle Cheeks
Crotts Day
Dean Edge Egan
Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison
Henson Hill Hooks
Johnson of 1st Lamutt
Land Langford Madden
Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray
Scott Starr
Stokes Taylor Thomas
Turner Tysinger

Voting in the negative were Senators Burton and James.

Those not voting were Senators:

Abernathy Boshears (excused) Clay

Johnson of 2nd Kemp (excused) Slotin

Tanksley (excused) Thompson Walker

On the adoption of the amendment, the yeas were 45, nays 2, and the Thompson amendment to the committee substitute was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend the committee substitute to SB 581 by adding on line 15, between the word "pri vate" and "corp." the words "not for profit."
On the adoption of the amendment, the yeas were 44, nays 0, and the Thompson amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 26th Cheeks
Gillis

Hill Hooks
James

Lamutt Langford
Marable

810

JOURNAL OF THE SENATE

Middleton Pollard Scott

Starr Taylor

Those voting in the negative were Senators:

Balfour Black Blitch Bowen Broun of 46th Burton Cagle Crotts Day Dean Edge

Egan Farrow Glanton Gochenour Griffin Guhl Harbison Henson Johnson of 1st Land Madden

Those not voting were Senators:

Abernathy
Boshears (excused) Clay

Johnson of 2nd
Kemp (excused) Slotin

Thomas Thompson
McGuire Newbill Oliver Perdue Ragan Ralston Ray Stokes Turner Tysinger
Tanksley (excused) Walker

On the passage of the bill, the yeas were 16, nays 32.
The bill, having failed to receive the requisite constitutional majority, lost.
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 1030. By Representatives Chambless of the 163rd, Reichert of the 126th, Baker of the 70th and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to repeal a provision that certain sales of property of wards shall be made under the rules and restrictions prescribed for sales by administrators of estates; to provide rules for public sales by guardians and sale of perishable property, property that is liable to deteriorate from keeping, prop erty that is expensive to keep, real property, wild lands, livestock.
The Calendar was resumed.

SB 635. By Senators Taylor of the 12th, Perdue of the 18th, Hooks of the 14th and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide a statement of legislative intent and define generally the roles of the state merit system and state department and agencies with respect to positions filled after July 1,1996; to provide a statement of legislative intent with respect to the employment of veterans.
The Senate Appropriations Committee offered the following substitute to SB 635:
A BILL To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide a statement of

WEDNESDAY, FEBRUARY 21, 1996

811

legislative intent and define generally the roles of the state merit system and state depart ment and agencies with respect to positions filled after July 1, 1996; to provide a statement of legislative intent with respect to the employment of veterans; to provide that all employ ees included in the classified service of the state merit system prior to July 1, 1996, shall remain in the classified service so long as they remain in those positions or as otherwise provided by law; to provide that all positions filled on or after July 1, 1996, either by new hires or as a result of voluntary transfers, promotions, or other voluntary movements of employees in the classified service to management positions shall be included in the unclas sified service; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by striking Code Section 45-20-1, relating to the merit system generally, in its entirety and inserting in its place a new Code Section 45-20-1 to read as follows:
"45-20-1.
(a) It is the purpose of this article to establish in the state a system of personnel adminis tration based on merit principles and scientific meLlioJs governing the classification of
jjfSitlOIlS itnQ tile l6iHplOyiiiciiL, COflttXiCtj iUXyVcillt;iJ,1jj iiiiM. Sfipictl. cLtiOll Gt^jULuiTC OitlC6I*S ~iHCi ciiiijlOy66S. i\j IS LlSO tilfe ^Llijjuic Ot LliiS <il LiClG LO uU.il il S~ CU*(5Cl~ Scl\iC^ 111 g^OVcl ITIUcilL
which will attract, select, and retain the best employees based on merit, free from coer cive political influences, with incentives in the form of equal opportunities for promotions
111 tlic Set VIL.C, wliiuri Vvill cliLiiiiicltc UiiiLc^eSSJiiy &iiu iiiellniiciiL ciliijlG^ccfe mill alt; WniCri
will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will eliminate unnecessary and inefficient employees. It is specifi cally the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45^ST-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassi fied service of the state merit system. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to 5e~ covered employees in the classified service and shall remain subject to the rules and roethgeurlwatiisoensproofvtihdeedstbaytelamw.e--ri--t s--y--ste--m--s--o --lo--ng--a--s --th--ey--r--em--a--in--i--n --co--ve--re--d--p--os--iti--on--s--or--a--s
(b) In order to achieve these purposes, it is the policy of the state that Hie meiil system established by thih aillcle be applied and administeied agencies treat all employees, whether included in the classified or unclassified service, in accordance with the follow ing principles:
(1) Equal opportunity fui all regdidlesb of iacu, culm1 , hex., age, national urigiii, physical
vliSclljility , Oi political vi i c;lji{^iuLi> OpiiiiOiii!) Gi' mliiiatiima. .Nu pciSOii Sliml uc uiSCiiilli-
utit^u d^dniQU iii iny CilSc O^CallSc Ol niity jjll^yaiCtdl uib&uilit^ ill cActLiiiijaLiuii, ct^jpmiiL-
jLiicilL, l~ciii&LcLli&iilcilv, I'ccuiplO^ iilcilt, pi~GiiiGtiuil, Ll'ciilolci, ilciiiuLiuil, Oi" 1'ctuGval WiLli
respect to any position the duties of which hi the opinion of the commissioner of per-
SOilHfil ciuilliiliStimaGll i!13.y be eiiiCusiltly pcl'IGriYicu by pei'Suil WitllnSUCn &~pfiySiC&i
QiSSDlllty, JDrOVldSCl tn.&.t t*116^61ilpluyiii6Iilj Wj.ll ttOt t)6 rl^Zctl'dOUS tO tllfi dppOiiltcc OF
01 1XIS T611OW
6lfeCtiOii"uI tile Ucfct
competitive tests which aie fair, objective, practical, and piedictive of or significantly correlated with important elements of work behavior which comprise 01 are relevant to
1/llc pOSlt lOil Or pOfeiLiOiiS lOl* WlllCll SlACli pclSOilS fl.r& DGlilg cVctlUavcClj

812

JOURNAL OF THE SENATE

vJ/ J-JQU.H1 O^ipOi'tittHty tOr CuiiJ.ptitii0t fciiiOlOyS'SS tO D6 Oi~OlUGtB0 Witll tiifi Sc^i V^iCc,
(4) Reasonable job security for the competent employee including the right of dppuat from adverse pfersomiftl actions
\fj) LJ^SLciillciLiC ClcliSiillOcltlOii OI iill j^OSitiOilS tliroil^li ciu.iBQU3.LE! JOD ftVctiUfltlOll, ciilu
(6)-Proper balance in employer employee relations to achieve a well trained, produo
tiVGj clilCl flippy WOl Kj.il^ I01n06.
(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, reli gious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws;
(2) Recruiting, selecting, and advancing employees on the basis of their relative ability knowledge, and skills, including open consideration of qualified applicants for initial employment;
(3) Providing equitable and adequate compensation based on merit and performance;
(4) Training employees, as needed to assure high quality performance;
(5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and
(6) Assuring that employees are protected against coercion for partisan political pur poses and are prohibited from using their official authority tor the purpose of interfer ing with or affecting the result of an election or nomination for office.
(c) With respect to employees in the unclassified service, it shall generally be the respon sibility of the state merit system to perform the following functions:
(1) Establish and maintain a statewide system of pay ranges for all job classes;
(2) Define common job classes, establish associated minimum qualifications for those classes and assign those classes to appropriate pay ranges;
(3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency unique job classes;
(4) Serve as the central contact point for all potential employees to receive application forms, provide information to applicants, refer applicants to agencies and make appli cations available to agencies for review and consideration;
(5) Upon request, develop, validate, or develop and validate applicant screening de vices being utilized by agencies;
(6) Upon request, administer screening devices on behalf of agencies;
(7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs;
(8) Develop model standards and processes which agencies may use in developing in ternal processes for (i) defining agency unique job classes, establishing associated min imum qualifications, and assigning these classes to appropriate state-wide pay ranges; and (ii) developing and applying applicant screening devices for all job classes;
(9) Audit agencies' processes and report findings as appropriate; and
(10) Provide technical support and assistance to agencies are requested.
(d) With respect to employees in the unclassified service, it shall generally be the respon sibility of the employing agency to perform the following functions:
(1) Define agency unique job classes, establish associated qualifications for those job classes, and assign those job classes to pay ranges on an appropriate state-wide com pensation plan;

WEDNESDAY, FEBRUARY 21, 1996

813

(2) Allocate all agency positions to defined job classes;
(3) Recruit and screen applicants for job vacancies;
(4) Develop and administer appropriate job applicant screening devices to ensure the integrity of the hiring process; and
(5) Develop policies to ensure compliance with all applicable employment related state and federal laws?
(e) Subsections (c) and (d) of this Code section shall not apply to any agency which em ploys no classified employees as of July 1, 1996.
(f) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as denned under Article IV, Section 111, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state.
feXg) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article."
SECTION 2.
Said article is further amended by striking paragraph (15) of Code Section 45-20-2, relating to definitions used in connection with the law pertaining to the merit system, and inserting in its place a new paragraph (15) to read as follows:
"(15) TJnclassified service" includes the following officers and employees who are excluded from the classified service by this article:
(A) Members of the General Assembly;
(B) Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided;
(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classi fied service;
(D) Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided;
(E) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;
(F) Members of boards and commissions appointed by the Governor or the General Assembly;
(G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifi cally included;
(H) Justices, judges, officials, officers, and employees of the judicial branch;
(I) Members, the chancellor, and vice-chancellors of the Board of Regents of the Uni versity System of Georgia and all officers, officials, and employees of the University System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(J) The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(K) The officers, officials, and employees of the Department of Law, except those of ficers, officials, and employees already covered by the state merit system by law or executive order;

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(L) A deputy or a confidential secretary when one is required by the head of a depart ment, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded;
(M) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, pro vided that the agency does not presently contain five unclassified, full-time, perma nent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged;
(N) Members of the military forces of the state while engaged in military service;
(0) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest;
(P) State and local officials serving ex officio or emeritus and performing incidental duties;
(Q) Members of other advisory councils, committees, or similar bodies within the state merit system;
(R) Part-time or temporary employees rendering medical, nursing, or other profes sional, scientific, or technical services who are not engaged in the performance of ad ministrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing au thority and such employment is approved by the commissioner;
(S) Prisoner, inmate, student, or patient help working in or about institutions;
(T) Per diem employees engaged in skilled or unskilled work on a seasonal or intermit tent basis, provided that the commissioner has authorized such employment;
(U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;
(V) Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and ap proved by the Governor after consultation with the commissioner;
(W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner;
(X) Additional positions of unique functions as may be authorized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;
(Z)(i) The officers, officals, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natu ral Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.
(ii) Any provision of division (i) of this subparagraph to the contrary notwithstand ing, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to particiapte under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993;

WEDNESDAY, FEBRUARY 21, 1996

815

(AA) The employees in the positions in the job classification of 'Clerk, Contingency" in the Department of Labor who are paid on an hourly basis. These employees shall con tinue not to be entitled to other benefits of employment, including but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title;
(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purpose of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners; and
(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order; and
(EE) All positions filled on or after July 1, 1996, either by new hires or as a result of voluntary transfers, promotions, or other voluntary movements by employees in the classified service to management positions. Management positions shall generally in clude positions occupied by second level supervisors, higher advanced level profession als, or positions which involve significant responsibility for managing programs or activities. The head of each state agency, department, commission, board, bureau, or authority shall determine which positions shall be designated as management posi tions. Prior to making such designation, the head of each state agency, department, commission, board, bureau, or authority shall consult with the commissioner of person nel administration and shall thereafter notify the commissioner of any such determination.''
SECTION 3.
Said article is further amended by striking Code Section 45-20-6, relating to the composi tion of classified and unclassified service, in its entirety and by inserting a new Code Sec tion 45-20-6 to read as follows:
"45-20-6.
(a) The classified service as defined by Code Section 45-20-2 shall consist of all positions now existing, ur hereafter established in the state departments filled by agencies prior to July 1, 1996, except those included by law in the unclassified service. Such classified positions shall be covered by the state merit system. Aiiy officer or employee who lias
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1970, shall continue in such status and &hall not be required to take further or new &xk.iiiiittt>io^iis^in^rct6r to rctsin ^sucii st3.tiis. r^o pOitiGii tiow cXiStni.^ or liGrc^tit^r^stfitD* lished shall be excluded from the classified service by this article, except as provided foi
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department which is in the unclassified service is no loagei a position of responsibility
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Governor may by executive order and after consultation with the commissioner place the position in the classified service. Any officer or employee who occupies a covered position under the state merit system prior to July 1, 1996, shall remain in the classified service so long as such officer or employee shall remain in that covered position or as otherwise provided by lawT
(b) The unclassified service as defined by Code Section 45-20-2 shall consist of all posi tions in the departments of state government not included in the classified service under this article and these positions shall not be subject to the rules and regulations of the state merit system, with the provision that no position now existing which is covered by
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otherwise provided in this article State Personnel Board.

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JOURNAL OF THE SENATE

(c) Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for member ship under Chapter 2 of Title 47.
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fe) (d) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain merit system protection and that the successful completion of this probationary period is part of the employment ex amination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the em ployee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as grant ing any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection."

SECTION 4.

This Act shall become effective on July 1, 1996.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

Senator Henson of the 55th moved to amend the committee substitute to SB 635 by inserting on page 3, line 37 after "office." a new subsection to read as follows:

"(7) Reasonable job security for the competent employee including the right of appeal from adverse personnel actions, to be administered pursuant to a uniform procedure promul gated under OCGA 50-13-40 et seq."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Bliteh Griffin Harbison

Henson Hill Marable

Stokes Thomas Walker

Those voting in the negative were Senators:

Abernathy Balfour Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl Hooks James

Johnson of 1st Lamutt Land Langford Madden McGuire Middleton Newbill Oliver Perdue

WEDNESDAY, FEBRUARY 21, 1996

817

Pollard Ragan Ralston

Ray Scott Starr

Taylor Turner Tysinger

Those not voting were Senators:

Boshears (excused) Day Johnson of 2nd

Kemp (excused) Slotin

Tanksley (excused) Thompson

On the adoption of the amendment, the yeas were 10, nays 39, and the Henson amend ment to the committee substitute lost.
Senator Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 635 by striking the word "and" on line 32 of page 4; by replacing the period on line 34 of page 4 with the symbol and word "; and "; and by adding between lines 34 and 35 of page 4 the following:
"(11) Maintain and make available to the public at large a state-wide central registry of all employment vacancies and job announcements in state government."
Senators Taylor of the 12th and Walker of the 22nd offered the following amendment:
Amend the Walker Amendment #AM140208 to SB 635 by striking the word "all" on line 8 and by adding on line 9 after the word government the words as provided to the state merit system by agencies seeking assistance in filling job vacancies.
On the adoption of the amendment, the yeas were 37, nays 0, and the Taylor and Walker amendment to the Walker amendment was adopted.
On the adoption of the Walker amendment to the committee substitute, the yeas were 39, nays 0, and the Walker amendment to the committee substitute was adopted as amended.
Senator Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 635 by striking the words "as appropriate" on lines 31 and 32 of page 4 and inserting in lieu thereof the following:
"to the commissioner of personnel administration who shall have the authority to require cEanges to ensure compliance with all applicable state and federal laws and regulations concerning discrimination in employment and personnel administration".
Senator Walker of the 22nd asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Walker of the 22nd offered the following amendment:
Amend the committee substitute to SB 635 by striking the word "and" on line 8 of page 5; by replacing the period on line 10 of page 5 with the symbol and word "; and"; and by adding between lines 10 and 11 of page 5 the following:
"(6) Provide the merit system with timely notice of all unclassified employment vacancies and job announcements for inclusion in the state-wide central registry."
Senator Walker of the 22nd 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 as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

818

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 Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay
Crotts Dean
Edge Egan Farrow

Gillis
Glanton Gochenour Guhl Hill Hooks
Johnson of 1st Lamutt Land
Langford Madden
Marable McGuire

Middleton
Newbill Oliver Perdue Pollard Ragan
Ralston Ray Starr
Taylor Thomas
Turner Tysinger

Those voting in the negative were Senators:

Black Blitch Griffin

Harbison Henson James

Stokes Walker

Those not voting were Senators:

Boshears (excused) Day Johnson of 2nd

Kemp (excused) Scott Slotin

Tanksley (excused) Thompson

On the passage of the bill, the yeas were 40, nays 8.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Balfour of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 635.
The following communication was received by the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
February 22, 1996

Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, GA 30334

RE: Senate Bill 635

Dear Frank:

Pursuant to Senate Rule 177, please let the Journal reflect that I inadvertently hit the green button by mistake when voting on Senate Bill 635 (State Merit System) on Wednes day, February 21, 1996. I intended to vote "no" for the bill.
Thank you. Sincerely,
/s/ Richard 0. Marable

At 4:09 P.M., Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., and at that time, pursuant to HR 1051, adjourn until 10:00 A.M. Monday, February 26; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

MONDAY, FEBRUARY 26, 1996

819

Senate Chamber, Atlanta, Georgia Monday, February 26, 1996
Twenty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of Wednesday, February 21, 1996 proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1707. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide a homestead exemption from certain ad valorem taxes levied by Fayette County for county purposes and to provide a homestead exemption from certain Fayette County School District ad valorem taxes for educational pur poses.
HB 1726. By Representatives Floyd of the 138th and Walker of the 141st:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners.
HB 1727. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and others:
A bill to repeal an Act creating the State Court of Cherokee and Forsyth Coun ties.
HB 1729. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and others:
A bill to create the State Court of Cherokee County.
HB 1741. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act creating the Perry Area Convention and Visitors Bureau Authority, so as to provide for an additional ex officio member of the authority.
SB 691. Be Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act entitled "An Act creating the Clayton Judicial Circuit," as amended, so as to provide that the investigators employed by the district attor ney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers.

820

JOURNAL OF THE SENATE

SB 723. By Senator Middleton of the 50th:
A bill to provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; to provide for an effective date.
HB 1398. Be Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to change provisions relating to casualty insurance so that they shall refer to credit de fault insurance rather than credit insurance.
HB 1221. By Representatives Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to con struction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground; to provide require ments relative to filing of a certificate of self-inspection.
HB 1293. By Representatives Birdsong of the 123rd, Crews of the 78th and Smith of the 19th:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the state quartermaster to the state property and fiscal officer; to change the qualifications for such of fice; to repeal certain provisions which authorize the United States property and fiscal officer for this state to be designated as the state quartermaster.
HB 1504. By Representatives Watts of the 26th, Childers of the 13th, Murphy of the 18th and others:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.
SB 641. By Senators Hill of the 4th, Perdue of the 18th and Broun of the 46th:
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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commission; to change the provisions relating to the powers and duties of the Georgia Student Finance Authority.
HB 1591. By Representatives Walker of the 141st, Royal of the 164th and Baker of the 70th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments.

MONDAY, FEBRUAEY 26, 1996

821

HB 1525. By Representatives Watson of the 139th and Powell of the 23rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Ap praisers Board shall approve instructors of education courses for appraiser clas sifications and may require that instructors receive special instruction.
HB 1650. By Representatives Cummings of the 27th, Shanahan of the 10th, Pelote of the 149th and others:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years.
HB 1627. By Representatives Baker of the 70th, Chambless of the 163rd, Reichert of the 126th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with re gard to definitions, naming, amending certificates of limited partnership, notice and dissolution.
HB 1368. By Representatives Sinkfield of the 57th, Walker of the 141st, Murphy of the 18th and others:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and reimbursement of members and officers of the General Assembly, so as to change provisions relating to reimbursement of transportation costs for air travel.
HB 1382. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to developing and prescribing electronic data processing systems.
SB 547. By Senator Middleton of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the term of court for Dawson County.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 1020. By Representative Pinholster of the 15th:
A resolution creating the Pickens County Property Tax Structure Study Com mittee.
The following bills were introduced, read the first time and referred to committees:
SB 748. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to provide for a board of registrations and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers.
Referred to Committee on State and Local Governmental Operations.

822

JOURNAL OF THE SENATE

SB 749. By Senator Edge of the 28th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to change the definition of the term "project" with respect to sewage disposal facilities and solid waste dis posal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects.
Referred to Committee on State and Local Governmental Operations (General).
SB 750. By Senator Oliver of the 42nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to Committee on Judiciary.
SR 590. By Senators Oliver of the 42nd, Ray of the 19th and Land of the 16th:
A resolution creating the Senate Study Committee on State Foster Care and Adoption.
Referred to Committee on Rules.
SR 595. By Senator Ray of the 19th:
A resolution designating the Buford C. Gilliard Bridge.
Referred to Committee on Transportation.
SR 596. By Senators Abernathy of the 38th, Perdue of the 18th, Ray of the 19th and others:
A resolution urging the City of Atlanta and the Atlanta Committee for the Olympic Games to name the Olympic Statium in honor of Henry Aaron.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 1030. By Representatives Chambless of the 163rd, Reichert of the 126th, Baker of the 70th and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to repeal a provision that certain sales of property of wards shall be made under the rules and restrictions prescribed for sales by administrators of estates; to provide rules for public sales by guardians and sale of perishable property, property that is liable to deteriorate from keeping, prop erty that is expensive to keep, real property, wild lands, livestock.
Referred to Special Judiciary Committee.
HB 1221. By Representatives Benefield of the 96th, Lee of the 94th and Bailey of the 93rd:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to con struction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground; to provide require ments relative to filing of a certificate of self-inspection.
Referred to Science, Technology and Industry Committee.

MONDAY, FEBRUARY 26, 1996

823

HB 1293. By Representative Birdsong of the 123rd:
A bill to amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the state quartermaster to the state property and fiscal officer; to change the qualifications for such of fice; to repeal certain provisions which authorize the United States property and fiscal officer for this state to be designated as the state quartermaster.
Referred to Defense and Veterans Affairs Committee.
HB 1368. By Representatives Sinkfield of the 57th, Walker of the 141st, Murphy of the 18th and Lee of the 94th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and reimbursement of members and officers of the General Assembly, so as to change provisions relating to reimbursement of transportation costs for air travel.
Referred to State and Local Governmental Operations (General) Committee.
HB 1382. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to developing and prescribing electronic data processing systems.
Referred to Finance and Public Utilities Committee.
HB 1398. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to change provisions relating to casualty insurance so that they shall refer to credit de fault insurance rather than credit insurance.
Referred to Insurance and Labor Committee.
HB 1504. By Representatives Watts of the 26th, Childers of the 13th, Murphy of the 18th and others:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewerage and waste disposal and related matters, so as to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met.
Referred to Natural Resources Committee.
HB 1525. By Representatives Watson of the 139th and Powell of the 23rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Ap praisers Board shall approve instructors of education courses for appraiser clas sifications and may require that instructors receive special instruction.
Referred to Consumer Affairs Committee.

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JOURNAL OF THE SENATE

HB 1591. By Representatives Walker of the 141st, Royal of the 164th and Baker of the 70th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments.
Referred to State and Local Governmental Operations (General) Committee.
HB 1627. By Representatives Baker of the 70th, Chambless of the 163rd, Reichert of the 126th and Bostick of the 165th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with re gard to definitions, naming, amending certificates of limited partnership, notice and dissolution.
Referred to Special Judiciary Committee.
HB 1650. By Representatives Cummings of the 27th, Shanahan of the 10th, Pelote of the 149th and others:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years.
Referred to Retirement Committee.
HB 1707. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide a homestead exemption from certain ad valorem taxes levied by Fayette County for county purposes and to provide a homestead exemption from certain Fayetty County School District ad valorem taxes for educational pur poses.
Referred to State and Local Governmental Operations Committee.
HB 1726. By Representatives Floyd of the 138th and Walker of the 141st:
A bill to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners.
Referred to State and Local Governmental Operations Committee.
HB 1727. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to repeal an Act creating the State Court of Cherokee and Forsyth Coun ties.
Referred to State and Local Governmental Operations Committee.
HB 1729. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Evans of the 28th:
A bill to create the State Court of Cherokee County.
Referred to State and Local Governmental Operations Committee.

MONDAY, FEBRUARY 26, 1996

825

HB 1741. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act creating the Perry Area Convention and Visitors Bureau Authority, so as to provide for an additional ex officio member of the authority.
Referred to State and Local Governmental Operations Committee.

HR 1020. By Representative Pinholster of the 15th:
A resolution creating the Pickens County Property Tax Structure Study Com mittee.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 735. Do pass by substitute.

HB 1296. Do pass by substitute.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:
The Committee on Education has had under consideration the following bill and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

HB 500. Do pass.

SR 511. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1319. Do pass by substitute.

HB 1443. Do pass.

HB 1400. Do pass.

HB 1486. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President: The Committee on Retirement has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 698. Do pass by substitute.
Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

826

JOURNAL OF THE SENATE

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 733. Do pass.

HB 1673. Do pass.

SB 738. Do pass. SB 740. Do pass. SR 578. Do pass. HB 1514. Do pass.

HB 1674. Do pass. HB 1679. Do pass. HB 1680. Do pass. HB 1692. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 3 SR 529 HB 1316 HB 1506

SB 596 SR 540 HB 1383 HR 826

SB 602 SR 570 HB 1405 HR 878

SB 721 SR 581 HB 1431

SB 725 HB 522 HB 1458

SR 484 HB 1278 HB 1497

Senator Edge of the 28th moved that Senator Balfour of the 9th be excused due to out of town business. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Balfour was excused.
Senator Harbison of the 15th moved that Senator Land of the 16th be excused due to business. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Land was excused.
Senator Oliver of the 42nd moved that Senator Farrow of the 54th be excused due to business. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Farrow 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 Clay Crotts Da3' Dean Edge Egan Gillis Glantori

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not answering were Senators:

Abernathy Balfour (excused)

Farrow (excused) Johnson of 2nd

Land (excused) Walker

MONDAY, FEBRUARY 26, 1996

827

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Gochenour of the 27th introduced the chaplain of the day, Dr. Timothy McCoy, pastor of Ingleside Baptist Church, Macon, Georgia, who offered scripture reading and prayer.
The President introduced the National Highway Traffic Administrator, Dr. Martinez. The following resolution was read and adopted:
SR 592. By Senator Bowen of the 13th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J. R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens.
Senator Bowen of the 13th introduced representatives from the Cordele/Crisp County Fish Fry.
Senator Bowen of the 13th introduced the 1996 Georgia Watermelon Queen, Ms. Wendi Youngblood, commended by SR 585, adopted previously, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 588. By Senators Land of the 16th and Harbison of the 15th:
A resolution commending Gerald B. Andrews and the associates of Johnson In dustries, Inc., for being named as the recipients of the inaugural America's Tex tile International Award for Innovation.
SR 589. By Senators Ray of the 19th, Starr of the 44th and Marable of the 52nd:
A resolution recognizing and commending Roy Mitchell for his contribution to Georgia's music industry.
SR 591. By Senators Oliver of the 42nd, Henson of the 55th, Burton of the 5th and others: A resolution recognizing arid commending the Decatur-DeKalb YMCA Partner With Youth Campaign.
SR 593. By Senator Ray of the 19th: A resolution recognizing Martin Sellers on his 65th birthday.
SR 594. By Senators Ray of the 19th and Gillis of the 20th: A resolution recognizing and commending Sergeant Ralph Michael Rhodes.
SR 597. By Senator Ralston of the 51st: A resolution commending Sonoraville East Middle School.
SR 598. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and others: A resolution recognizing "Health Care for Rural and Underserved Georgians' Day".

828

JOURNAL OP THE SENATE

SR 599. By Senator Dean of the 31st:
A resolution expressing condolences on the passing of Mack Edward Eppinger Sr.
SR 600. By Senator Kemp of the 3rd:
A resolution honoring Dr. Whitman Fraser.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday February 26, 1996
TWENTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 733 Black, 53rd Farrow, 54th CITY OF FORT OGLETHORPE
An Act to provide a new charter for the City of Oglethorpe; to provide for reincorporation, boundaries, and powers of the city; and for other purposes.
SB 738 Black 53rd Farrow, 54th WHITFIELD COUNTY
An Act to repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the Judge of the Juvenile Court of Whitfield County and hear juvenile cases.
SB 740 Clay, 37th Thompson, 33rd Lamutt, 21st Abernathy, 38th Tanksley, 32nd COBB COUNTY
An Act to amend an Act providing for the compensation of the judge of the Juve nile Court, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.
SR 578 Cagle, 49th CITY OF GAINESVILLE HALL COUNTY
To create the Gainesville-Hall County Task Force on Governmental Unification.
HB 1514 Thomas, 10th James, 35th CITY OF COLLEGE PARK
An Act to amend an Act establishing a new charter, so as to change the salaries of the mayor and other council members.

MONDAY, FEBRUARY 26, 1996

829

HB 1673 Taylor, 12th STEWART COUNTY
An Act to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

HB 1674 Langford, 29th TROUP COUNTY
An Act to create the Troup Family Connection Authority.

HB 1679 Bowen, 13th DOOLY COUNTY
An Act to provide that all vehicles shall be registered and licensed to operate for calendar year 1988 and thereafter during the four-month nonstaggered registra tion period from January 1 through April 30 as provided by general law.

HB 1680 Marable, 52nd FLOYD COUNTY
An Act to amend an Act providing for the filling of vacancies in the membership of the Hospital Authority, so as to change the manner of filling such vacancies.

HB 1692 Marable, 52nd FLOYD COUNTY

An Act to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide homestead exemptions for per sons who are 62 to 74 years of age and for persons who are 75 years of age or over.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thompson Turner Tysinger Walker

830

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Balfour (excused) Farrow (excused)

Griffin James Land (excused)

Slotin Thomas

On the passage of the local bills, the yeas were 48, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

NOTICE OF MOTION TO RECONSIDER:

SB 635 State Employees--merit system, agency role in positions filled after 7/1/96 (Sub stitute) (Approp--12th)
SENATE RULES CALENDAR
Monday, February 26, 1996 TWENTY-EIGHTH LEGISLATIVE DAY

SR 497 CA: Community Improvement Districts--creation and tax levy (SLGO-G --28th)
SB 687 Medical Assistance Act--violation bars participation (Substitute) (Amendment) (H&HS--17th)
SB 703 State Planning and Development--budgetary oversight provisions (Ap prop--14th)
SB 737 State Games Commission--powers in state games operation (Amendment) (Nat R--20th)
SB 695 Municipality Corporate Limits--annexation whether contiguous or not (Amend ment) (SLGO-G--12th)
SR 504 CA: Environmental Trust Fund--General Assembly provide for (Substitute) (Nat R--29th)
SB 724 Driver Operating Records--access by rental car company (Pub Saf--13th)
SR 569 Troup County--conveyance of state owned property (Substitute) (F&PU--29th) Respectfully sbmitted,
1st Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SR 497. By Senator Edge of the 28th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the creation of community improvement districts with the consent of the owners of all property to be included within such community improvement district and to remove certain restrictions upon the power of an administrative body of a community improvement district to levy taxes, fees, and as sessments upon property included within such district so long as the owners of all property included within such district consent to the creation thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 26, 1996

831

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article IX, Section VII, Paragraph III of the Constitution is amended by adding the follow ing sentence immediately after the second sentence of subparagraph (c):
"Notwithstanding the foregoing, if the owners of all real property to be included within any community improvement district consent in writing to the creation of such commu nity improvement district, such taxes, fees, and assessments may be levied by the admin istrative body of such community improvement district upon all property located therein, and the foregoing limitation on the amount of such taxes, fees, and assessments to 2 1/2 percent of the assessed value of such property shall not apply.",
so that after such amendment subparagraph (c) shall read as follows:
"(c) The administrative body of each community improvement district may be authorized to levy taxes, fees, and assessments within the community improvement district only on real property used nonresidentially, specifically excluding all property used for residen tial, agricultural, or forestry purposes and specifically excluding tangible personal prop erty and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the assessed value of the real property or such lower limit as may be estab lished by law. Notwithstanding the foregoing, if the owners of all real property to be included within any community improvement district consent in writing to the creation of such community improvement district, such taxes, fees, and assessments may be lev ied by the administrative body of such community improvement district upon all prop erty located therein, and the foregoing limitation on the amount of such taxes, fees, and assessments to 2 1/2 percent of the assessed value of such property shall not apply. The law creating or providing for the creation of a community improvement district shall provide that taxes, fees, and assessments levied by the administrative body of the com munity improvement district shall be equitably apportioned among the properties sub ject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The law creating or providing for the creation of a community improvement district shall provide that the proceeds of taxes, fees, and assessments levied by the administrative body of the community improvement district shall be used only for the purpose of provid ing governmental services and facilities which are specially required by the degree of density of development within the community improvement district and not for the pur pose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the county or municipality for which the community improvement district is created in the same manner as taxes, fees, and assessments levied by such county or municipality. The proceeds of taxes, fees, and assessments so levied, less such fee to cover the costs of col lection as may be specified by law, shall be transmitted by the collecting county or munic ipality to the administrative body of the community improvement district and shall be expended by the administrative body of the community improvement district only for the purposes authorized by this Section."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended to provide that the creation by a county or ( ) NO municipality of a community improvement district empowered to levy taxes,
fees, and assessments upon all property located therein regardless of its use shall require the consent of the owners of all property to be located within such community improvement district?"

832

JOURNAL OF THE SENATE

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thompson Turner Tysinger

Voting in the negative were Senators Brown of the 26th and Stokes of the 43rd

Those not voting were Senators:

Balfour (excused) Bowen Farrow (excused) Griffin

James Land (excused) Langford Middleton

Scott Slotin Thomas Walker

On the adoption of the resolution, the yeas were 42, nays 2.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 687. By Senators Crotts or the 17th, Balfour of the 9th, Cagle of the 49th and others:
A bill to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotat ed, relating to unlawful acts relative to the Georgia Medical Assistance Act of 1977, so as to provide that any person convicted of violating such Act shall be forever barred from participating in such Act.
The Senate Health and Human Services Committee offered the following substitute to SB 687:
A BILL
To be entitled an Act to amend Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to unlawful acts relative to the Georgia Medical Assistance Act of 1977, so as to provide that any person convicted of violating such Act shall be forever barred from participating in such Act; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 26, 1996

833

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 49-4-146.1 of the Official Code of Georgia Annotated, relating to unlawful acts relative to the Georgia Medical Assistance Act of 1977, is amended by striking in its entirety subsection (f) and inserting in lieu therof the following:
"(f) The department may shall refuse to accept a statement of participation, deny a re quest for reinstatement, refuse to exercise its option to renew a statement of participa tion, or and terminate the participation of any provider, as applicable, if that provider or any person with an ownership or control interest or any agent or maTidgmg employee of such provider has been convicted of:
(1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended? if such offense was committed by an agent or employee, the provider knew of the illegal conduct and failed to take corrective action including without limitation terminating such person's agency or employment, within a reasonable time after obtaining such knowledge. No such person shall be reinstated except as provided in subsection (g) of this Code sec-
tilOll. In iiitiK.111^ 3. ClcCiSiGil pLUfcUiitlL 10 trilS SUDScCtlOftj tflfe utipcll'LlllfciiL S 113.11 CGilSlQ^Jt tile
S6V61*ity~OI tile CrnUG tilu tile cXlcilti Lu WiliC!! i\i SdVei'SfiJ.^ tilltiCLtiU D^ilfiriCj-HicS 3.1iu titS

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Crotts of the 17th offered the following amendment:
Amend the committee substitute to SB 687 as follows:
On Line 20, Page 1 before the word employee add the word managing.
On the adoption of the amendment, the yeas were 37, nays 0, and the Crotts amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks
James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston
Ray Starr Tanksley Taylor Thomas Thompson Turner Tysinger

834

JOURNAL OF THE SENATE

Those not voting were Senators:

Balfour (excused) Bowen Farrow (excused)

Gillis Land (excused) Scott

Slotin Stokes Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 703. By Senators Hooks of the 14th, Ray of the 19th, Perdue of the 18th and others:

A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions governing financial affairs, and Part 4 of Article 4 of Chapter 12 of Title 45, relating to state planning and develop ment, so as to coordinate certain provisions relating to budgetary oversight; to provide for review and evaluation of state government programs and functions by the Budgetary Responsibility Oversight Committee.

Senators Newbill of the 56th and Ralston of the 51st offered the following amendment:
Amend SB 703 by adding on page 1 line 29 after the word "Senate" and before the word "appointed" the following:
"at least one of whom shall be a member of the minority party".
On the adoption of the amendment, the yeas were 31, nays 2, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Gillis

Glanton Gochenour Guhl Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour (excused) Bowen Edge Farrow (excused)

Griffin Harbison James Land (excused) Oliver

Scott Slotin Stokes Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

MONDAY, FEBRUARY 26, 1996

835

SB 737. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and others:
A bill to amend Code Section 50-12-45 of the Official Code of Georgia Annotated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Georgia State Games, so as to authorize the Georgia State Games Commission to incorporate one or more nonprofit corporations.

The Senate Natural Resources Committee offered the following amendment:
Amend SB 737 by striking from the title lines 11 through 15 which read as follows:
"commission which is dissolved; to provide that the commission shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the commission expressly so consents; to pro vide for related"
and inserting in lieu thereof the following:
"commission which is dissolved; to provide for related".
By striking in their entirety lines 2 through 5 on page 2 which read as follows:
"Georgia. The commission shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the commission expressly so consents.'"
and inserting in lieu thereof the following: "Georgia.""

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable

McGuire Middleton Oliver Perdue Pollard Ragan Ralston Ray Starr Tanksley Taylor Thomas Turner Tysinger

Those not voting were Senators:

Abernathy Balfour (excused) Egan Farrow (excused)

James Land (excused) Newbill Scott

Slotin Stokes Thompson Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

836

JOURNAL OF THE SENATE

SB 695. By Senators Taylor of the 12th, Hooks of the 14th and Ralston of the 51st:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory to the corporate limits of municipalities, so as to clarify and provide that the General Assembly by local Act may annex any territory, whether contiguous or noncontiguous, to the corporate limits of any municipality, and such right shall not be affected or impaired by any provision of Chapter 36 of Title 36 of the Official Code of Georgia Annotated.
Senator Taylor of the 12th moved that SB 695 be postponed to Tuesday, February 27, 1996.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 695 was post poned to Tuesday, February 27, 1996.
SR 504. By Senators Langford of the 29th, Land of the 16th, Dean of the 31st and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to pro tect and improve the environment; to provide that the General Assembly may provide that certain fines and penalties shall be paid into such fund; to provide for submission or this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section IX, Paragraph VI of the Constitution is amended by inserting at the end thereof a new subparagraph to read as follows:
"(k) The General Assembly is authorized to provide by general law for an environmental trust fund for the purpose of receiving, holding, and expending funds to assure the cor rection, remediation, and reparation of any damages caused by such offenses. The General Assembly may appropriate public money and may provide that the proceeds from certain fines and penalties assessed for violation of environmental offenses be paid to such fund, and such fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV (c), relative to the lapsing of funds."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO establish an environmental trust fund and to direct that certain fines and
penalties be paid into such fund?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The Senate Natural Resources Committee offered the following substitute to SR 504:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to pro tect and improve the environment; to provide that the General Assembly shall provide that

MONDAY, FEBRUARY 26, 1996

837

certain fines and penalties shall be paid into such fund; to provide for submission or this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article III, Section IX, Paragraph VI of the Constitution is amended by inserting at the end thereof a new subparagraph to read as follows:
"(k) The General Assembly is authorized to provide by general law for an envirnomental trust fund for the purpose of receiving, holding, and expending funds to assure the cor rection, remediation, and reparation of any damages caused by violations of environmen tal statutes, regulations, standards, or rules. The General Assembly shall provide that the proceeds from certain fines and penalties assessed for such environmental violations be paid to such fund, and such fund shall not be subject to the provisions of Article III, Section IX, Paragraph TV (c), relative to the lapsing of funds."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to ( ) NO establish an environmental trust fund and to direct that certain fines and
penalties be paid into such fund?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Turner Tysinger

Voting in the negative was Senator Marable.

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Those not voting were Senators:

Abernathy Balfour (excused) Farrow (excused)

Land (excused) Scott Slotin

Thomas Thompson Walker

On the adoption of the resolution, the yeas were 46, nays 1.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
SB 724. By Senators Bowen of the 13th, Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that such access shall be provided and funded through the GeorgiaNet Authori ty; to provide for rules and regulations.
Senators Johnson of the 1st and Balfour of the 9th offered the following amendment:
Amend SB 724 by adding on line 8 of page 1 between the semicolon and the word "to" the following:
"to amend Code Section 50-25-4 of the Official Code of Georgia Annotated, relating to the general powers of the GeorgiaNet Authority, so as to provide an additional power;"
By renumbering Section 2 at the bottom of page 1 as Section 3 and adding between lines 30 and 31 the following:
"SECTION 2.
Code Section 50-25-4 of the Official Code of Georgia Annotated, relating to the general powers of the GeorgiaNet Authority, is amended by adding at the end thereof a new subsec tion (c) to read as follows:
'(c) the authority is authorized and directed to upload to the Internet legislative data and other information pertaining to the deliberations of the General Assembly, including rollcall votes.'"
On the adoption of the amendment, the yeas were 29, nays 2, and the Johnson, Balfour amendment to SB 724 was adopted.
Pursuant to Senate Rule 143, action was suspended and SB 724 was placed on the General Calendar.
SR 569. By Senator Langford of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Troup County.

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839

The Senate Finance and Public Utilities Committee offered the following substitute to SR 569:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Troup County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Troup County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land lying and being in Troup County, Georgia, containing approximately 2.25 acres and located on the eastern boundary of West Georgia Technical Institute in Land Lot 148 of the 6th Land District and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the grantee to the State Properties Commission for approval; and
WHEREAS, said property is under the custody of the Department of Technical and Adult Education; and
WHEREAS, the above described property is a thoroughfare which connects Fort Drive and Lukken Industrial Drive West; and
WHEREAS, the State Board of Technical and Adult Education at its meeting of November 2,1995, approved and recommended the conveyance of the above described thoroughfare to the City of LaGrange, Troup County, for road maintenance purposes; and
WHEREAS, the City of LaGrange, Troup County, has agreed to accept the above described property and to maintain it for road purposes; and
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the State of Georgia is the owner of the above described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above described real property shall be conveyed by appropriate instrument to the City of LaGrange, Troup County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the State of Georgia and the Department of Technical and Adult Education reserve the right to maintain a campus sign in the thoroughfare right of way at Lukken Industrial Drive West.
SECTION 4.
That the authorization in this resolution to convey the above described property to the City of LaGrange, Troup County, shall expire three year after the date that this resolution be comes effective.
SECTION 5.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 6.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7.

That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the 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:

Black Blitch Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Gillis

Glanton Gochenour Guhl
Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue
Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour (excused) Farrow (excused)

Griffin Johnson of 1st Land (excused)

Slotin Tanksley

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
The following bill was taken up to consider House action thereto:

HB 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.
Senator Thompson of the 33rd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 2; the motion prevailed, and the President ap pointed as a Conference Committee on the part of the Senate the following: Senators Thompson of the 33rd, Langford of the 29th and Hill of the 4th.
Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:48 A.M., the President announced the Senate adjourned.

TUESDAY, FEBRUARY 27, 1996

841

Senate Chamber, Atlanta, Georgia Tuesday, February 27, 1996
Twenty-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 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 1684. By Representative Jamieson of the 22nd:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to provide for term limitations for the mayor and the members of the city coun cil.
HB 1742. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chairper son and members of the board.
HB 1743. By Representative Hanner of the 159th:
A bill to amend an Act providing for the election of the initial chief magistrate of the Magistrate Court of Webster County, so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County.
HB 1744. By Representative Channell of the lllth:
A bill to provide a new charter for the Town of Siloam.
HB 1745. By Representatives Johnson of the 84th, Coleman of the 80th, Breedlove of the 85th and others:
A bill to amend an Act known as the "Gwinnett County Merit System Act" au thorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to change the qualifications for members of the Merit System Board.
HB 1746. By Representatives Johnson of the 84th and Walker of the 87th:
A bill to amend a Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County.

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HB 1748. By Representative Greene of the 158th:
A bill to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.
HB 1750. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to provide for an advisory referendum election to be held in Cherokee County for the purpose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575.
HB 1752. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for an advisory referendum election to be held in Madison County for the purpose of ascertaining the type of government for said county desired by the people of said county.
HB 1755. By Representative Stancil of the 91st:
A bill to create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority.
HB 1638. By Representatives Parrish of the 144th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of taxation of financial institutions.
HB 1570. By Representatives White of the 161st, Randall of the 127th, Falls of the 125th and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to dangerous in strumentalities and practices, so as to make it unlawful for any person to know ingly and intentionally destroy or cause serious or debilitating physical injury to a police horse when such person knows that the horse is a police horse.
HB 1479. By Representative Randall of the 127th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to surrender of principal by surety and forfeiture of bond; to provide conditions under which a surety shall be released of liability on a bond.
HB 1088. By Representative Barnes of the 33rd:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Re tirement System so as to repeal certain restrictions on members retired under such system.

TUESDAY, FEBRUARY 27, 1996

843

HB 1366. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited.
HB 1320. By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance generally, so as to provide for diabetes services, treatment, equipment, and supplies.
HB 1375. By Representatives Golden of the 177th, Byrd of the 170th, Bates of the 179th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of cer tain terms; to repeal provisions relating to the State-wide Reserve Ratio; to change certain references; to change certain provisions relating to the creation of administrative assessments upon all wages.
SB 394. By Senators Taylor of the 12th, Bowen of the 13th, Henson of the 55th and others:
A bill to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of alcoholic beverages, and to amend Code Sec tion 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Reve nue with respect to the manufacture, transportation, distribution, sale, and pos session of cigars, cigarettes, and little cigars.
HB 1429. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-4 of the Official Code of Georgia Annotated, relating to the State Board of Hearing Aid Dealers and Dispensers, so as to change provisions relating to members of such board.
HB 1202. By Representatives Godbee of the 145th, Purcell of the 147th and Smith of the 175th:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to educational capital funding, so as to change a definition; to change the provisions relating to additional funding for school systems having excep tional growth.
HB 1519. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.

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The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 805. By Representatives Twiggs of the 8th, Purcell of the 9th, Stancil of the 16th and others:
A resolution designating the Southern Highroads Scenic Highway.
The following bills were introduced, read the first time and referred to committees:
SB 751. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Gochenour of the 27th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to require that approval to privatize probation services by the governing authority of a county, a municipality, or a consolidated government be by resolution with a copy of the final contract attached as an exhibit thereto.
Referred to Committee on Corrections, Correctional Institutions and Property.
SB 752. By Senators Kemp of the 3rd, Edge of the 28th, Taylor of the 12th and others:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $15,000.00.
Referred to Committee on Special Judiciary.
SB 753. By Senator Langford of the 29th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of the proceeds of a special purpose local option sales tax, so as to change the provisions relating to the proceeds of a special purpose local option sale tax imposed for development of a sanitary landfill which purpose becomes economically infeasible; to provide an effective date.
Referred to Committee on Finance and Public Utilities.
SB 754. By Senators Land of the 16th and Harbison of the 15th:
A bill to amend Part 5 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to armories and other facilities, so as to provide for the joint use of newly constructed armories by the state and local governments under certain conditions; to provide conditions for receiving state aid for the construction and operation of joint armories.
Referred to Committee on Defense and Veterans Affairs.
SB 755. By Senator Henson of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Insurance Code," and Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insurance fraud; to provide civil immunity to certain persons sharing information regarding fraudulent in surance acts.
Referred to Committee on Insurance and Labor.

TUESDAY, FEBRUARY 27, 1996

845

SB 756. By Senator Henson of the 55th:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to implement the require ments of the Social Security Act Amendments of 1994; to provide for related matters; to provide an effective date.
Referred to Committee on Insurance and Labor.
SB 757. By Senator Henson of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants.
Referred to Committee on Insurance and Labor.
SB 758. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to provide that the office of chief judge of said court shall be rotated annu ally among the judges of said court.
Referred to Committee on State and Local Governmental Operations.
SB 759. By Senators Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
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 provide for the position of administrative specialist in the office of the tax commissioner; to provide for appointment, powers, duties, compensation, and tenure of such person; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 760. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain definitions; to change certain provisions relating to record keeping and furnishing information regarding applicants for licenses; to provide for penalties; to change certain pro visions relating to appointment of certain employees as notaries public.
Referred to Committee on Public Safety.
SR 602. By Senators Broun of the 46th and Perdue of the 18th:
A resolution creating the Senate Fire Ant Study Committee.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 1088. By Representative Barnes of the 33rd:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Re tirement System, so as to repeal certain restrictions on members retired under such system.
Referred to Retirement Committee.

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JOURNAL OF THE SENATE

HB 1202. By Representatives Godbee of the 145th, Purcell of the 147th and Smith of the 175th:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to educational capital funding, so as to change a definition; to change the provisions relating to additional funding for school systems having excep tional growth.
Referred to Education Committee.
HB 1320. By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relative to general provisions relating to insurance generally, so as to provide for diabetes services, treatment, equipment, and supplies.
Referred to Insurance and Labor Committee.
HB 1366. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited.
Referred to State and Local Governmental Operations Committee (General).
HB 1375. By Representatives Golden of the 177th, Byrd of the 170th, Bates of the 179th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of cer tain terms; to repeal provisions relating to the State-wide Reserve Ratio; to change certain references; to change certain provisions relating to the creation of administrative assessments upon all wages.
Referred to Insurance and Labor Committee.
HB 1429. By Representative Childers of the 13th:
A bill to amend Code Section 43-20-4 of the Official Code of Georgia Annotated, relating to the State Board of Hearing Aid Dealers and Dispensers, so as to change provisions relating to members of such board.
Referred to Consumer Affairs Committee.
HB 1479. By Representative Randall of the 127th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to surrender of principal by surety and forfeiture of bond; to provide conditions under which a surety shall be released of liability on a bond.
Referred to Special Judiciary Committee.
HB 1519. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia.
Referred to Youth, Aging and Human Ecology Committee.

TUESDAY, FEBRUARY 27, 1996

847

HB 1570. By Representatives White of the 161st, Randall of the 127th, Roberts of the 162nd and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to dangerous in strumentalities and practices, so as to make it unlawful for any person to know ingly and intentionally destroy or cause serious or debilitating physical injury to a police horse when such person knows that the horse is a police horse.
Referred to Judiciary Committee.
HB 1638. By Representatives Parrish of the 144th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of taxation of financial institutions.
Referred to Banking and Financial Institutions Committee.
HR 805. By Representatives Twiggs of the 8th, Purcell of the 9th, Stancil of the 16th and others:
A resolution designating the Southern Highroads Scenic Highway.
Referred to Transportation Committee.
HB 1684. By Representative Jamieson of the 22nd:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to provide for term limitations for the mayor and the members of the city coun cil.
Referred to State and Local Governmental Operations Committee.
HB 1742. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change certain provisions regarding the election of the chairper son and members of the board.
Referred to State and Local Governmental Operations Committee.
HB 1743. By Representative Hanner of the 159th:
A bill to amend an Act providing for the election of the initial chief magistrate of the Magistrate Court of Webster County, so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County.
Referred to State and Local Governmental Operations Committee.
HB 1744. By Representative Channell of the lllth:
A bill to provide a new charter for the Town of Siloam.
Referred to State and Local Governmental Operations Committee.

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HB 1745. By Representatives Johnson of the 84th, Coleman of the 80th, Breedlove of the 85th and others:
A bill to amend an Act known as the "Gwinnett County Merit System Act" au thorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to change the qualifications for members of the Merit System Board.
Referred to State and Local Governmental Operations Committee.

HB 1746. By Representatives Johnson of the 84th and Walker of the 87th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County.
Referred to State and Local Governmental Operations Committee.

HB 1748. By Representative Greene of the 158th:
A bill to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.
Referred to State and Local Governmental Operations Committee.

HB 1750. By Representatives Stancil of the 16th, Harris of the 17th and Pinholster of the 15th:
A bill to provide for an advisory referendum election to be held in Cherokee County for the purpose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575.

Referred to State and Local Governmental Operations Committee.

HB 1752. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide for an advisory referendum election to be held in Madison County for the purpose of ascertaining the type of government for said county desired by the people of said county.
Referred to State and Local Governmental Operations Committee.

HB 1755. By Representative Stancil of the 91st:
A bill to create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 873. Do pass.

HB 1272. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

TUESDAY, FEBRUARY 27, 1996

849

Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol
lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1293. Do pass.
Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 667. Do pass.

HR 853. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 367. Do pass as amended.

HB 1130. Do pass as amended.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations:

HB 555. Do pass by substitute.

HB 1439. Do pass.

HB 1149. Do pass by substitute.

SB 541. Do pass by substitute.

HB 1270. Do pass.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 731. Do pass.

HB 1695. Do pass.

SB 745. Do pass.

HB 1705. Do pass.

HB 1617. Do pass.

HB 1712. Do pass.

HB 1691. Do pass.

HB 1714. Do pass.

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JOURNAL OF THE SENATE

HB 1693. Do pass.

HB 1720. Do pass. Respectfully submitted,
Senator Thomas of the 10th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1300. Do pass.

HR 987. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on Transportation has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 697. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 698 HB 1400

SB 735 HB 1443

SR 511 HB 1486

HB 500

HB 1296

HB 1319

Senator Edge of the 28th moved that Senator Day of the 48th be excused to attend a funeral. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Day 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 Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner
Tysinger Walker

TUESDAY, FEBRUARY 27, 1996

851

Those not answering were Senators:

Abernathy

Day (excused)

Henson

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Marable of the 52nd introduced the chaplain of the day, Reverend Nim Rus sell, pastor of Thankful Baptist Church, Rome, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:
SR 603. By Senators Abernathy of the 38th, Perdue of the 18th, Johnson of the 2nd and others: A resolution honoring Henry (Hank) Aaron.
SR 604. By Senator Dean of the 31st: A resolution recognizing and commending Prestige Cable TV, Inc.
SR 605. By Senator Dean of the 31st: A resolution commending Ken Elsberry.
SR 606. By Senator Johnson of the 1st: A resolution in memory of Chris McDonald.
SR 607. By Senator Dean of the 31st: A resolution recognizing and commending Henderson's Restaurant.
SR 608. By Senators Slotin of the 39th and Broun of the 46th: A resolution commending Blue Cross and Blue Shield of Georgia for initiating the Playground Olympics.
SR 609. By Senator Edge of the 28th: A resolution affirming the commitment of the Senate to principles and actions that give Georgia's children the best chance to become healthy, productive adults.
SR 610. By Senators James of the 35th, Harbison of the 15th and Stokes of the 43rd: A resolution honoring Mrs. Lillian Walker.
SR 611. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending the Savannah, Georgia, St. Patrick's Day Parade and Festivities, the 1996 Grand Marshal and the General Chair man, and their aides.
Senators Johnson of the 1st and Johnson of the 2nd introduced representatives of the Saint Patrick's Day Parade in Savannah, and the Grand Marshal of the Parade, Michael Ryan, commended by SR 611.

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JOURNAL OF THE SENATE

Senator Middleton of the 50th introduced Georgia Veterans of World War II who sur vived the sinking of the USS Atlanta, Bob Shaw, Clifford B. Dunwoody, and Fred Franklin. Bob Shaw addressed the Senate briefly.
Senator Hooks of the 14th introduced representatives of the Georgia Peach Festival, Stan Lomax, Jennifer Ray, commended by SR 420, adopted previously, and their Chair man, Susan Jordan, who addressed the Senate briefly.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Tuesday February 27, 1996 TWENTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 731 Starr, 44th Glanton, 34th THE CITY OF JONESBORO
An Act to provide a new charter for the City of Jonesboro; to provide for reincorporation, boundaries, and powers of the city; and for other purposes.
SB 745 Madden, 47th FRANKLIN COUNTY HART COUNTY
An Act to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; and for other purposes.
HB 1617 Perdue, 18th Griffin, 25th Brown, 26th Gochenour, 27th CITY OF MACON
An Act to amend an Act known as the "Macon Water Authority Act," so as to add a definition to the term "services, facilities, and commodities furnished"; and for other purposes.
HB 1691 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
An Act to amend an Act placing the sheriff, clerk of the superior court, tax com missioner, and judge of the probate court on the salary system, so as to provide for the powers of the sheriff regarding employment practices of that sheriffs office.
HB 1693 Cagle, 49th HALL COUNTY
An Act to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the as sessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over.

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853

HB 1695 Crotts, 17th Guhl, 45th NEWTON COUNTY
An Act to provide a homestead exemption from certain ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

HB 1705 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY
An Act to amend an Act creating the Dougherty Judicial Circuit, so as to provide for a county supplement to the senior judges of such judicial circuit.

HB 1712 Day, 48th Cagle, 49th FORSYTH COUNTY
An Act to create the State Court of Forsyth County.

HB 1714 Boshears, 6th Blitch, 7th WARE COUNTY
An Act to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, so as to change the term of office of the solicitor of said court.

HB 1720 Ray, 19th DODGE COUNTY

An Act to provide for the election of members of the Board of Education of Dodge County.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Edge Farrow Gillis
Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ralston Ray Slotin Stokes Taylor Thomas Thompson Turner Tysinger

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Those not voting were Senators:

Blitch Clay Day (excused)
Egan

Johnson of 1st Ragan Scott

Starr Tanksley Walker

On the passage of the local bills, the yeas were 46, nay 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

SENATE RULES CALENDAR
Tuesday, February 27, 1996 TWENTY-NINTH LEGISLATIVE DAY

SR 518 Joint Competitive Natural Gas Study Committee--create (Substitute) (F&PU --18th)
SR 399 Joint Guardianship Rewrite Committee--create (Rules--52nd)
SB 724 Driver Operating Records--access by rental car company (Amendment) (Pub Saf--24th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 26, 1996.)

SR 499 Senate Study Committee on More Effective DOAS Purchasing--create (Approp--14th)
SB 596 U.S. Department of Veterans Affairs--guardianship of beneficiaries (Substi tute) (D&VA--12th)
SR 495 Joint Block Grant Study Commission--create (Approp--18th)
SR 535 Select Oversight Committee on Medicaid -- create (Rules--22nd)
SR 540 Joint Coastal Zone Management Study Committee--create (Amendment) (Rules--1st)
SR 570 Aden Massey Highway--designate portion of U.S. Highway 280 (Trans--4th)
SR 529 Plan to Defeat Civic Illiteracy--encourage (Rules--49th)
SB 725 Public Record Inspection--not apply to certain GeorgiaNet information (SLGOG--18th)
SB 721 Banking--fees, borrowing, investigations, mergers, etc. (Substitute) (B&FI --8th)
SB 484 Southern Highroads Scenic Highway--designate (Trans--51st)
SR 581 Public Service Commission--urging to adopt official schedule of planting, har vest dates (Ag--llth)
SB 657 Liming Materials Act of 1996--provide (Ag--llth)
SB 715 Merger of Chambers of Commerce--approval of governing authority (SLGO-G --43rd)

TUESDAY, FEBRUARY 27, 1996

855

SB 695 Municipality Corporate Limits--annexation whether contiguous or not (Amend ment) (SLGO-G--12th)
Respectfully submitted,
/a/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
SR 518. By Senators Perdue of the 18th, Starr of the 44th and Broun of the 46th:
A resolution creating the Joint Competitive Natural Gas Service Study Commit tee.
The Senate Finance and Public Utilities Committee offered the following substitute to SR 518:
A RESOLUTION
Creating the Senate Competitive Natural Gas Service Study Committee; and for other purposes.
WHEREAS, the natural gas industry has been deregulated at the federal level; and
WHEREAS, competition in these deregulated markets has lowered the cost of natural gas and transportation over interstate pipelines; and
WHEREAS, investment in the natural gas transportation infrastructure is required to fur ther economic growth in Georgia and to meet the growing demands of Georgia's consumers; and
WHEREAS, competition already exists in certain segments of the large industrial and com mercial market; and
WHEREAS, the benefits of competition should be available to all natural gas customers; and
WHEREAS, any transition to competition should protect the small business and residen tial customer from economic harm while allowing the local distribution companies the op portunity to compete effectively in a deregulated marketplace.
NOW, THEREFORE, BE IT RESOLVED BY THE Senate that there is created the Senate Competitive Natural Gas Service Study Committee to be composed of the following mem bers: five members of the Senate to be appointed by the President of the Senate; not more than five members from the natural gas industry, including consumers of natural gas, to be appointed by the President of the Senate with such persons' consent. The chairperson of the Public Service Commission or his or her designee and the director of the consumers' utility counsel division or his or her designee shall be invited to be members of and to take part in the deliberations of the committee. The President of the Senate shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, challenges, and opportunities mentioned above or related thereto and shall develop and recommend legislation which the committee deems necessary or appro priate to address such issues. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances author ized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized; and the nonlegislative mem bers of the committee shall serve without compensation. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate. In the event the committee makes a report of its

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findings and recommendations, such report shall be made on or before December 31, 1996. The committee shall stand abolished on December 31, 1996.
On the adoption of the substitute, the yeas were 39, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th

Day (excused)

Tanksley

On the adoption of the resolution, the yeas were 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
Senator Egan of the 40th introduced the doctor of the day, Dr. Lewis Greene of Atlanta, Georgia.

SR 399. By Senators Marable of the 52nd, Oliver of the 42nd, Thomas of the 10th and Hill of the 4th:

A resolution creating the Joint Guardianship Rewrite Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Burton Cagle Clay

Crotts Dean Edge Egan Farrow Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st

TUESDAY, FEBRUARY 27, 1996

857

Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott

Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Brown of 26th

Cheeks Day (excused) Gillis

Thomas Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following general bill of the Senate, having been read the third time and final action suspended on February 26, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar today, was continued upon its passage:

SB 724. By Senators Bowen of the 13th, Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that such access shall be provided and funded through the GeorgiaNet Authori ty; to provide for rules and regulations.

The amendment offered by Senator Johnson of the 1st and Balfour of the 9th on February 26, as it appears in the Journal of February 26, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 45, nays 0, and the Johnson and Balfour amendment was adopted.
Senators Lamutt of the 21st and Clay of the 37th offered the following amendment:
Amend SB 724 by adding on line 6 of page 1 between the semicolon and the word "to" the following:
"to provide that a rental car company shall be prohibited from disseminating or disclos ing any information from a driver's operating record to any other person or entity; to provide a penalty;".
By adding on line 21 of page 1 between the period and the word "Such" the following:
"A rental car company shall be prohibited from disseminating or disclosing any infor mation from a driver's operating record to any other person or entity, and any perso'n violating this subsection shall be guilty of a misdemeanor."
On the adoption of the amendment, the yeas were 45, nays 0, and the Lamutt and Clay 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

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JOURNAL OF THE SENATE

Cagle Clay Crotts Dean
Edge Egan Gillis Glanton Gochenour Griffin
Guhl Henson
Hill Hooks

James Johnson of 2nd Johnson of 1st Kemp
Lamutt Land Langford Madden Marable McGuire
Middleton Newbill
Oliver

Perdue Pollard Ralston Ray
Scott Slotin Starr Stokes Tanksley Taylor
Thompson Turner
Tysinger

Voting in the negative was Senator Harbison.

Those not voting were Senators:

Cheeks Day (excused)

Farrow Ragan

Thomas Walker

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed as amended.

SR 499. By Senators Hooks of the 14th, Ray of the 19th and Perdue of the 18th:
A resolution creating the Senate Study Committee on More Effective DOAS Purchasing.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Edge Farrow Gillis Glanton

Gochenour Griffin
Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Land Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Black Cheeks Day (excused)

Egan Johnson of 2nd Lamutt

Langford Thomas Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 27, 1996

859

SB 596. By Senators Taylor of the 12th, Hooks of the 14th and Harbison of the 15th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for a. comprehensive change in the guardi anship of beneficiaries of the United States Department of Veterans Affairs; to provide for definitions; to provide for the appointment of guardians; to provide for procedures relating to guardianship.
The Senate Defense and Veterans Affairs Committee offered the following substitute to SB 596:
A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for a comprehensive change in the guardianship of beneficiaries of the United States Department of Veterans Affairs; to provide for defini tions; to provide for the appointment of guardians; to provide for procedures relating to guardianship; to provide for the bond of the guardian; to provide for the investment of funds; to provide for an accounting of funds; to provide for the payment of guardians; to provide for the removal of guardians; to provide that general guardianship laws are appli cable; to provide liberal construction of Chapter 6; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
SECTION 1.
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking Chapter 6 thereof, relating to the guardianship of beneficiaries of the United States Department of Veterans Affairs, and inserting in lieu thereof a new Chapter 6 to read as follows:
"CHAPTER 6
29-6-1.
As used in this chapter, the term:
(1) 'Benefits' means all moneys payable by the United States through the United States Department of Veterans Affairs.
(2) 'Estate' and 'income' shall include only moneys received by the guardian from the United States Department of Veterans Affairs and all earnings, interest, and profits derived therefrom.
(3) 'Guardian' means any person acting as a fiduciary for a ward appointed by any probate court within the State of Georgia under the provisions of this chapter!
(4) 'Incompetent' means a person of unsound mind rated incompetent by the United Stiotante2s9D-6e-p5artment of Veterans Affairs as p--ro--vi--de--d u--n--de--r t--he--p--ro--vis--io--ns--o--f C--od--e --Se--c
(5) 'Person' includes a partnership, a corporation, or an association.
(6) 'Secretary of veterans affairs' means the secretary of veterans affairs of the United States Department of Veterans Affairs or his or her successor.
(7) United States Department of Veterans Affairs' means the United States Depart ment of Veterans Affairs, its predecessors, or its successors.

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(8) Ward' means a beneficiary of the United States Department of Veterans Affairs.
29-6-2.
Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, the secretary of veterans affairs requires, prior to pay ment of benefits, that a guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter.
29-6-3.
Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the secretary of veterans affairs or his or her authorized representa tive, setting forth the fact that the person was rated incompetent by the United States Department of Veterans Affairs on examination in accordance with the laws and regula tions governing the United States Department of Veterans Affairs and that the appoint ment of a guardian is a condition precedent to the payment of any moneys due the person by the United States Department of Veterans Affairs, shall be prima-facie evidence of the necessity for the appointment. The judges of the probate courts of the several counties are authorized to appoint guardians pursuant to this chapter for any incompetent wards entitled to any benefits which may be payable to the incompetents by the United States Department of Veterans Affairs or its successor.
29-6-4.
Where a petition is filed for the appointment of a guardian for a minor ward, a certificate of the secretary of veterans affairs or his or her representative, setting forth the age of the minor as shown by the records of the United States Department of Veterans Affairs, and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the United States Department of Veterans Affairs, shall be prima-facie evidence of the necessity for the appointment.
29-6-5.
Upon an application for the appointment of a guardian under this chapter, notice shall be
given aS |!i uviucu ijy UOClc kjt^Cliuil ^t?-*x-i.U Ivi Clic ci^^rOiiiLLuciit 01 {^ucuiliuiio lui~ iliulOi o
under the age of 14 years whu aie nut the children of the applicant to the United States Department of Veterans Affairs Guardianship Unit and to two adult relatives of the pro posed ward by certified mail by the clerk of the probate court unless service is acknowl edged. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. If no adult relative can be located, the court shall give notice of the application in the newspaper in which legal advertisements of the county are pub lished once a week for two weeks. At the next regular term after notice has been given, or after notice has been published, the letters of guardianship may, in the discretion of the court, be granted to the applicant or to some other suitable person. If all parties entitled to notice waive further notice and consent to appointment instanter, the court may, in its discretion, grant letters instanter to the applicant.
29-6-6.
(a) A petition for the appointment of a guardian may be filed in the probate court having jurisdiction by or on behalf uf any pei&un whu is tmlilled to priurily uf appointment. If there is no pei&ua su entitled or if the person so entitled neglects or refuses to file such a petition within 30 days after the mailing of a notice by the United States Department of Veterans Affairs to the las>t kiiuwii address of suiih person indicating the necessity for the hduie, a petition for the appointment may be filed in the pi'ubate court having jurisdic tion, by 01 on behalf of any responsible person residing in this state of the United States Department of Veterans Affairs or any person designated by the United States Depart ment of Veterans Affairs or its representative"

TUESDAY, FEBRUARY 27, 1996

861

(b) The petition for appointment shall set forth:
(1) The name, age, and place of residence of the ward;
(2) The names and places of residence of the nearest, two adult relatives, if known;
(3) The fact that the ward is entitled to receive moneys payable by or through the United States Department of Veterans Affairs;
(4) The amount of money then due and the amount of probable future payments;
(5) The name and address of the person or institution, if any, having actual custody of the ward; ami
(6) In the case of a mentally incompetent ward, that the ward has been rated incompe tent on examination by the United States Department of Veterans Affairs in accord ance with the laws and regulations governing the United States Department of Veteran Affairs; and
(7) The name and address of the person or institution sought to be appointed as guard ian of the ward and the relationship, if any, of the proposed guardian to the ward.
2(cT)--P--ref--ere--nc--es--fo--r a--pp--oin--tm--en--t o--f a--g--ua--rdi--an--sh--al--l b--e a--s p--ro--vid--ed--in--C--od--e S--ec--tio--n 2--9---5-
29-6-7.
Before making an appointment under this chapter, the judge of the probate court hearing the petition shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the Department of Veter ans Affairs shall be prima-facie evidence of that person's fitness. 29-6-8.
teXCciJ,)L 3.5 GtllfiiTWlS& Jj-fOVitwiu lil tlliS CliclptGl } it SIt&ll. TUG tUltdWiUl 1!O1 iLIYy pWSOii tO lCC^pt
appointment ah guardian uf any ward if the proposed guardian is already acting ah gjtitii'Ciifin lot* rivft GtriGi" weirds ~&t tlifltrt/iiu^. Upoii ^/in^Sciiifl.tioii 01 SL ^jGtitioo oy tiii tti'Corny
01 ~tll6~ UttltGu. ioLclttiS Ufipfli Liiifeilt 01 VfeLtii'cli'i.fe A.II&i.i'S cilltJ^iii^ tliJiL Si ^Licli'diiiii iS ciCClii^ ill
&. nu.ucifl.ry ci.p<ictty KH IUOFG tti3.it iivs w<irds <inu rfcc^u.^sting his discruirgG ni 3. citSc lor
LlictL ilctSG!l.j Lliti prOt)3/tc COliftj lipOil pi'OOI SVlufe Liiil Li<itiii^ tflfe jjtillLiOil, SO3.11 1^C[U11*6 Si llTiiil clCCGUlltll\J lOi'Lli W itli li'Gtll SLlCri ^uctrulflll 3.1iu. Sll&Il uiSCii3.i'fi tile ^U.il'0.i<lii 111 tliti C3.S6. iri6 lliilltfltlOllS^t*! this (JOufi^SSCtiOil 5il3.ll ilOt Lpply WnGrfi trlC ^U.&i*ullll IS & DAilk. ui' Ll LiSL COiiip^iiiy tiCLiii^ Ollly 101 tile WiiiQ S ^faLclvc HOI Wfl^fft trie WJU'QS fl.11^ liifililDGlS 01 tllG
(Eai)teTdhTe--f--o--llo--w--in--g--p--er--so--n--s --an--d--e--n--tit--ie--s--m--a--y --se--rv--e--a--s --gu--a--rd--ia--n--s--su--b--je--ct--t--o --th--e--re--s--tr--ic--tio--n--s
(1) A person deemed fit and proper by the probate court may be guardian for his or her children, parents, and grandparents, without limitations;
(2) A bank or trust company doing business in this state may serve as guardian under this chapter for an unlimited number of beneficiaries;
(3) A person appointed while serving as county guardian in any county in this state may serve as guardian under this chapter for an unlimited number of beneficiaries; or
(4) Any other person currently serving as guardian under the provisions of this chapter fi5r ten or more wards must so state in his or her petition to be appointed as guardian for additional wards. In such a case, the Department of Veterans Affairs will have the right to direct the judge of the probate court in writing to deny the petition?
(b) Upon presentation of a petition by the Department of Veterans Affairs alleging that a guardian is acting in a fiduciary capacity in violation of this Code section and requesting his or her discharge, the probate court, upon proof substantiating the petition, shall re quire a final accounting forthwith from a sufficient number of guardianships, in reverse' chronological order, to bring the guardian within compliance with this Code section, shall

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JOURNAL OF THE SENATE

require final accountings forthwith on such guardianships, and shall discharge the guardian in such casesT

29-6-9.

ia; upcm cue appunitiiici

ree-

unaei tins cnapier, uie

guai in D!ICI.11 ciJ\.cv^ Lttti diJ

I JL'VJliU,, L*J UC Cl^JJ^/1

i*1

thai rthic OULL.i Llicil iiU.c cilJ.U cfeLlI.iiclLciu Lu Dck^viuc

L/UillHiraH-be

mife-

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"Uiiilg the et

Wliiuli

apaiij' in tin f,.- m ,--!-,,,'

if mi a i 01 o ctppui 5u ido (it c Suuli DOllufa.

aider the general W Wlllc"ie the total estate;

^
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md ban

shall

be
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cth-aHej UiiU. WJ

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~j- penay -j- -.*.,- .Ovl........all., ...P 4.U.kA ,

>lvent

worth the a-1JJ.WU.11L

^O} Jtll^ COili't Sllftil lliflV^ Lliti pOWGl7 liOill Liiliti tO LiIUc tO lr6C[lillc tillcgu.diui3.lltO

\C/ X lift" JU.Ci6^OI tI16 ^}lOD3.t6 COLil t, il^)Cril <i pi'OJJBl* StlOWiil^ tri3.t tilS VSltT6 Oi tJl.
GSt3.t^ lliiS CitiCI GdiSSCl^ I113y ^i^i'ilult ii utiCI cHS6 ifftllfi eiiUQ UJ.lt OI tll6 DOHC1 IO tlldl
VfliHl^ OI tll6 cStcllc:, pi US tilG feUiiiii fiiStllll&teu to D6 y^y^ulfi tO til6 W3.rd ulli'Iilg til^
y&Q.T. PsO SUCrlrTftCrU.Ct/iOll i5I13il SrtGCt tll& llitDllity Or tile SU.i"^ty tOf jictSt W3.St6 Oll
01 trie
(u) 1118 JU.ug6 01 tilB pi*ODfl.te COUi't illcty Oiu^i" tllfe gUtdl'uiSii TO pOSt tu6 Hbtiiltl lOi* 3. p61nniu 111
cXucSa 01 Oii ySfll1, &} ili^J' be &pprupria.L6 111 tile CirCUinauiilCi&S. A. SUl'^ty Oil SL build pOSteu
pU.i*SU.&ilt LO LliiS SiiuStSCtiOii Sllcill ilOt D^ 1 tlniVcu 01 Ii^uilit^ iliel'cry L)tiCtlU.oc 01 tlie ^Xpii'it"
tiOil 01 tilti tGl'iH OI tll6 DOilu O'CLb Slliill D6 SU.tXJGCttO tO6 {JfOViSiOllS OI l&W IO1T tll& uiSOliiii'gt;
OT 3. Sm'tzLy 3ppllC3Dl6 Lu uLlici' UOilus.
(a) A bank or trust company doing business in this state shall not be required to file a bond for any guardianship in connection with this chapter unless required by the United States Department of Veterans Affairs.
(b) Any other person serving as a guardian under this chapter shall execute and file a bond, to be approved by the probate court, in an amount not less than the sum of the value of the estate at the time of the last accounting and funds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the form required for bonds of guardians appointed under the general guardianship laws and shall be conditioned as are such bonds. Alter each annual accounting, the court shall review the amount of the bond and shall order such increase or decrease as shall be warranted by the accounting. No reduction shall affect the liability of the surety for past waste or misconduct of the guardianT
(c) A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions of law tor discharge of a surety applicable to other bonds. 29-6-10.
Every guardian shall invest the funds of his or her ward's estate in the manner provided by law for general guardians, in which investments the guardian shall have no interest.
29-6-11.
(a) A guardian shall not apply any portion of the estate of his or her ward for the support, maintenance, and education of any person other than his or her ward, his or her ward's spouse, and the children of the ward who are legally dependent upon the ward, except upon order of the court after a hearing, notice of which has been given Lo the pi upw office of the UiiiUjd Slates Department of Veterans Affairs in the aiamiei provided in Code Section 29-0-10. A guardian shall be authumed tu niaku expenditures of funds of-fais waid for the proper support, maintenance, and educdlion uf the spouse or dependent child of the ward without a court urdei , in the same manner dh expenditures ai e made for Ilia huppoit, maintenance, and education of the ward by certified mail to the United

TUESDAY, FEBRUARY 27, 1996

863

States Department of Veterans Affairs Guardianship Unit not less than 30 days prior to a hearing on the petition, unless the Department of Veterans Affairs consents in writing to the petition, in which case no hearing need be had!
(b) No guardian shall name himself or herself as beneficiary of any insurance policy which insures the life of his or her ward. As to any insurance policy which is purchased after the establishment of the guardianship where premiums are or have been paid from benefits, the guardian shall ensure that the beneficiary named is the estate of his or her ward.
(c) Unless a guardian under this chapter is the next of kin under the laws of descent and distribution of the State of Georgia, no such guardian shall be named as a beneficiary under the last will and testament of his or her ward under any will executed while the guardian is serving as such. Any provision in any such will to the contrary shall be null and voidT
(d) All property of a ward having a guardian under this chapter which is purchased with benefits shall be titled in the name of the current guardian or any successor guardian for (name of ward) a beneficiary of the Department of Veterans Affairs, further indicating the fact of guardianship and the name of the beneficiary, on any documents of title. Any such assets which should prudently be insured shall be insured with a policy of insurance denominated in the same manner.
29-6-12.
Every guardian wlm leceives uii account of his ward any money from the United States Department of Veterans Affairs appointed pursuant to this chapter shall file with the probate court annually, in the same manner as provided under the general law for guard ians, a full, true, and accurate account accounting, on oath, of all moneys so received by him or her and all disbursements thereof, showing the balance in his or her hands at the date of the account accounting and how it is invested. The guardian shall list in each tc<iumit accounting all the investments of his or her ward's funds, showing therein the amount of each investment, the date made, the interest rate, the date of maturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of such accounts accountings filed with the court shall be sent by the guaidian the court within ten days after the account accounting is filed to the office of the United States Department of Veterans Affairs Guardianship Unit having jurisdiction over the area in which the court is located. Each such accounting shall include a compu tation of commissions allowed and taken during the period covered by the accounting. No account accounting shall be allowed or admitted to record for a period of 60 days following the date of the filing thereof.
29-6-13.
If any guardian fails to file the accounting any account of the moneys received by him from the United Slates Department of Veterans Affairs or fails to furnish the United States Dupai tment uf Veterans Affairs a copy of his accounts as required by Code Section 29-6-12, such failure shall be ground for removal. If any guardian fails to file any ac counting within 30 days after demand is made by the judge of any probate court to do so, the court shall notify the surety for such guardian of such failure by certified mail. Whereafter, on the motion of any interested party, including the surety, or on its own motion, the court may enter an order moving the guardian without further notice or hearing. Every guardian who fails or refuses to file his or her return by the due date shall receive no commission or compensation for any service during that year unless by special order of the probate court he or she is exonerated from all fault.
29-6-14.
J.T16 SGCFftt&ry 01 V6til~m.S clllctii & ui liiS LU.i*il01'iZiCu ITcpicSciYtciClvc Slia.ll DC a. party Hi
iHttiiTcSli nl 3.iiy pl'OCticitliil^ ui'OU^JliL UiTi0.cl tiiy ifl~W OI~ UHiS oL&tci IOin tllfe ci^j^iuiiiLlTlcillj Ol
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payable by the United States Department of Veterans Affaiih and in the administration

864

JOURNAL OF THE SENATE

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ritten notice ofliie^tim _. c*t*xJu - 1|Jia.^c; H** JI

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cmc^nng 111 any ludimei the aJoiiilibtmtioiioftheei ffairs shall be given to the offic

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jvided iu this

(a) The United States Department of Veterans Affairs Guardianship Unit for Georgia shall be party in interest in any proceedings for the appointment or discharge of a guard ian of a veteran or a beneficiary appointed pursuant to this chapter and in the adminis tration of the estate of any such ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to a guardian ship pursuant to this chapter shall be given by certified mail to the United State Depart ment of Veterans Affairs Guardianship Unit for Georgia. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than ten days before the date of a hearing or other proceedings, unless otherwise provided in this chapter.
(b) In any proceeding involving a guardianship established pursuant to any other chapter of this title, the United States Department of Veterans Affairs Guardianship Unit for Georgia may, by giving written notice to the probate court having jurisdiction over such proceedings and to the guardian or proposed guardian, become a party in interest as to any such guardianship or proposed guardianship and shall thereafter be entitled to no tice as if such guardianship was originally established under this chapter.
29-6-15.
(a) As compensation for his or her service, a guardian shall have a commission of 5 per cent on all income of the ward dtu'iiig any yeai coming into his or her hands during any months while the guardian serves as such but not less than $50.00 per month.
(b) In the event that the ward's monthly service connected disability compensation pay ment from the United States Department of Veterans Affairs is discontinued or sus pended pursuant to Public Law 101-008, known as the fedeial Ouiigiessiimal Omnibus Budget Reconciliation Act of 1990, then in that event, the guardian, subject to court ap proval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by him or her from the time the disability compensation payment is discontinued or suspended until the time the disability com pensation payment is resumed.
(c) In the event that extraordinary services are rendered by the guardian, the court, upon petition and after hearing thereon, may authorize additional compensation therefor, pay able from the estate of the ward. Notice of the petition and hearing shall be given to the proper uffice uf the United States Department of Veterans Affairs by certified mail to the United States Department of Veterans Affairs Guardianship Unit not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may also bu allowed fioni the estate uf his waid reasonable premiums paid by him to any coipurate surety npuii his DOilu.
(d) A guardian shall be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety on his or her bondT

TUESDAY, FEBRUARY 27, 1996

865

29-6-16.

(a) A guardian appointed under this chapter, upon filing a petition and making a satis factory accounting, shall be discharged when his or her ward, if a minor at the time of his or her appointment, reaches the age of majority, and whether or not a minor at the time of his or her appointment, if previously declared incompetent, is declared competent by the United States Department of Veterans Affairs and or the probate court.
(b) A county guardian who ceases to serve as such continues to serve as a guardian under this chapter at the pleasure of the probate court for which he or she formerly served as county guardian. The probate court may at any time require his or her final accounting and discharge as to any or all guardianships under this chapter which he or she accepted as county guardian, whereupon the probate court shall appoint as successor guardian the new county guardian or such other person as shall be requested by the Department of Veterans Affairs. A former county guardian may file a petition with the probate court, a copy of which shall be served by certified mail upon the United State Department of Veterans Affairs Guardianship Unit, together with his or her final accounting as to any or all guardianships under this chapter, whereupon the probate judge shall appoint as his or her successor the new county guardian or such other person as shall be designated by the Department of Veterans Affairs.
29-6-17.

Except where inconsistent with this chapter, the general guardianship laws of this state and the laws establishing the practice in such matters, including rights of appeal, shall be applicable to wards and their estates governed by this chapter.
29-6-18.

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the United States Department of Veterans Affairs who are entitled to benefits from the United States Department of Veterans Affairs."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senators Harbison of the 15th and Taylor of the 12th offered the following amendment:
Amend the committee substitute to SB 596
by striking "$50.00" on line 29 of page 10 and adding "35.00"
On the adoption of the amendment, the yeas were 48, nays 0, and the Harbison and Taylor amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle

Clay Crotts Dean Edge Egan Farrow Gillis Glanton Gochenour Guhl

Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

866

JOURNAL OF THE SENATE

Madden Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ragan Ralston Ray Scott Slotin Starr

Those not voting were Senators:

Cheeks Day (excused)

Griffin Langford

Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 495. By Senators Perdue of the 18th, Hooks of the 14th, Clay of the 37th and Land of the 16th:

A resolution creating the Joint Block Grant Study Commission.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Dean Edge Farrow Gillis

Glanton Gochenour Guhl Harbison Henson Hooks James Johnson of 2nd Kemp Lamutt 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:

Cheeks Day (excused) Egan

Griffin Hill Johnson of 1st

Langford Ray Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 540. By Senators Johnson of the 1st, Gillis of the 20th, Johnson of the 2nd and others:
A resolution creating the Joint Costal Zone Management Study Committee.

TUESDAY, FEBRUARY 27, 1996

867

The Senate Rules Committee offered the following amendment:
Amend SR 540 by striking on line 1 on page 2 the word "ten" and inserting in lieu thereof the word "five".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour
Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Clay
Crotts Dean
Edge Farrow Gillis

Glanton
Gochenour
Guhl Harbison
Henson Hill
Hooks James Johnson of 2nd
Johnson of 1st Kemp
Lamutt Land
Madden Marable McGuire

Middleton
Newbill
Oliver Perdue
Pollard Ragan
Ray Scott Slotin
Starr Stokes
Tanksley Thompson
Turner Tysinger

Those not voting were Senators:

Cheeks Day (excused) Egari

Griffin Langford Ralston

Taylor Thomas Walker

On the adoption of the resolution, the yeas were 47, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 570. By Senator Hill of the 4th:

A resolution designating a certain portion of U.S. Highway 280 as the Aden Massey Highway.

Senator Hill of the 4th offered the following amendment:
Amend SR 570 by striking on lines 7 and 8 on page 2 the words "Clerk of the House of Representatives" and inserting in lieu thereof the words "Secretary of the Senate".
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 adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch
Boshears

Bowen Broun of 46th Brown of 26th
Burton

Cagle Clay Crotts
Dean

868

JOURNAL OF THE SENATE

Edge Farrow Gillis Glanton Gochenour Harbison Henson Hill Hooks James Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Newbill Oliver Perdue

Those not voting were Senators:

Black Cheeks Day (excused) Egan

Griffin Guhl McGuire Tanksley

Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Thompson Turner Tysinger
Taylor Thomas Walker

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 529. By Senator Cagle of the 49th:

A resolution relating to and affecting America's governments, organizations, and families.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Day (excused)

Egan Oliver

Scott Tanksley

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 27, 1996

869

SB 725. By Senators Perdue of the 18th and Oliver of the 42nd:

A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that Article 4 of Chapter 18 of Title 50, relat ing to inspection of public records, shall not be applicable to certain data, records, information, computer software, or computer programs received by the GeorgiaNet Authority or created, produced, provided, sold, distributed, or li censed by the GeorgiaNet Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge
Egan Farrow

Gillis Glanton
Gochenour Griffin
Guhl Harbison
Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land
Madden Marable

McGuire Middleton
Newbill Oliver
Perdue Pollard
Ralston Ray Slotin Starr Stokes Taylor Thomas Thompson Turner
Tysinger Walker

Those not voting were Senators:

Day (excused) Langford

Ragan Scott

Tanksley

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Harbison of the 15th moved that Senator Broun of the 46th be excused due to business at the World Congress Center. On the motion, the yeas were 33, nays 0; the mo tion prevailed, and Senator Broun was excused.

SB 721. By Senators Turner of the 8th, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to specify qualifications and service level for certain personnel of the commissioner of banking and finance; to change pro visions relating to various fees which the Department of Banking and Finance may charge; to change provisions relating to payment of certain deposits of and checks payable to intestate deceased persons.
The Senate Banking and Financial Institutions Committee offered the following sub stitute to SB 721:
A BILL
To be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to specify qualifications and service level for

870

JOURNAL OF THE SENATE

certain personnel of the commissioner of banking and finance; to change provisions relating to various fees which the Department of Banking and Finance may charge; to change provi sions relating to payment of certain deposits of and checks payable to intestate deceased persons; to change provisions relating to borrowing by banks; to change provisions relating to investigations of banks and trust companies by the department; to add a prohibition on certain lending of funds held in trust by banks or trust companies; to change merger, con solidation, and conversion provisions; to expand branch banking provisions; to make a tech nical change in the law governing unlawful acquisitions; to change provisions regulating certain currency transactions; to change provisions relating to licensing, registration, ex emption, and investigation of mortgage lenders and mortgage brokers; to change defini tions relating to mortgage lenders and brokers; to change provisions relating to prohibited acts, reports, and financial statements of mortgage lenders and brokers; to provide for re lated matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institu tions, is amended by striking subsection (a) of Code Section 7-1-35, relating to professional staff of the commissioner, and inserting in lieu thereof the following:
"(a) The commissioner shall appoint from time to time, with the right to discharge at will, one or more deputy commissioners, who shall also be ex officio examiners. The commis sioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon him the commissioner by law, subject to the-any applicable rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the com missioner shall be in the unclassified categoiy uf service. Further, all persons in the positions of assistant deputy commissioner, supervisory examiner, and senior financial examiner shall be in the unclassified service. All persons in the positions of district direc tor, assistant deputy commissioner, supervisory examiner, and senior financial examiner shall have had at least five years of experience as an examiner in a federal or state agency supervising financial institutions. All other personnel of the department includ ing assistant financial examines and assistants financial examiners shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismis sal, qualification, compensation, seniority privileges, tenure, and other employment stan dards of the state merit system. As used in this Code section, the term 'state merit 4sy5.s"tem' shall mean that system established pursuant to Article 1 of Chapter 20 of Title
SECTION 2.
Said chapter is further amended by striking Code Section 7-1-41, relating to fees of the department, and inserting in lieu thereof the following:
"7-1-41.
The department may, by regulation, prescribe annual examination fees, license fees, re gistration fees, and supervision fees, aud special investigation feus to be paid by all Ouaii= era! institutions subject tu suih examination and supervision the institutions and entities assigned to the department by this title for regulation, supervision, licensure, or registra-
the state in providing such examination and supeivisiuti and may vaiy by type of finan cial institution. Until such i emulations are validly issued by the department, the exami-
S^ Ulu^U.p6t'ViSiuil icc6 iii cllfiCt IDliU^tliiltGiy |}lrIOi' Cu ApiMl -L } it/ *UjrSH&ll 1'ciliciiii
In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, mortgage loan fees, and

TUESDAY, FEBRUARY 27, 1996

871

fees to defray cohls of piuviding provide copies of any book, account, report, or other pa per filed in its office or for any certification thereof or for processing any papers as re quired by this chapter title. Such fees may vary by type of institution regulated and nature of the work performed?'
SECTION 3.
Said chapter is further amended by striking Code Section 7-1-239, relating to deposits of intestate decreased depositors, and inserting in lieu thereof the following:
"7-1-239.
(a) Except as provided in subsection (b) of this Code section and in Article 8 of this chap ter, whenever any person dies intestate having a deposit of not more than $2,500.00 $10,000.00 in a financial institution, such financial institution shall be authorized to pay the proceeds of such deposit directly to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro rata; or
(4) If none of the above, then to the brothers and sisters of the decedent pro rata.
(b) Except as provided in Article 8 of this chapter, if no application for the deposit is made by any person named in subsection (a) of this Code section within 90 days from the death of the intestate depositor, the financial institution shall be authorized to apply not more than $2,000.60 $10,000.00 of the deposit of such deceased depositor in payment of the funeral expenses and expenses of the last illness of such deceased depositor upon the receipt of itemized statements of such expenses and the affidavit of the providers of such services that the itemized statements are true and correct and have not been paid. The financial institution shall pay such expenses in the order received after the death of the depositor.
(c) Payments pursuant to subsections (a) and (b) of this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code sec tion without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary.
(d) In any case in which a deceased depositor has more than $2,000.00 $10,000.00 on deposit in a financial institution, such financial institution shall be authorized to pay any amount up to $2,000.00 $10,000.00 to any of the persons authorized by this Code section to receive said deposit. The payment shall only act as a full and final acquittance of liability up to the amount paid by the financial institution and shall not act as a full and final acquittance to the financial institution of all liability.
(e) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of this state and any person is left in possession of moneys belong ing to the decedent, which moneys do not exceed $2,000.00 $10,000.00, such person shall deposit such moneys into a savings account in the name of the decedent in a financial institution located in the area of the decedent's residence. Such account shall be man aged in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is author ized to pay the proceeds in accordance with subsections (a), (b), (c), and (d) of this Code section.
(f) As used in this Code section, the term 'financial institution' includes any federally chartered financial institution.
(g) Application by any claimant or claimants entitled in this Code section to receive de posits at a financial institution shall include an affidavit by the claimant or claimants which states that they qualify as the proper relation to the decedent as specified in this

872

JOURNAL OF THE SENATE

Code section and that the claimant or claimants know of no other corresponding claimant

or claimants to such deposit. The financial institution may rely on a properly executed

affidavit in disbursing the funds according to this Code section."

~

SECTION 4.

Said chapter is further amended by striking Code Section 7-1-239.1, relating to payment of checks payable to intestate deceased persons, and inserting in lieu thereof the following:
"7-1-239.1.
(a) Whenever any person dies intestate having possession of or a right to possession of a check or other instrument payable to such deceased person and the amount of the check or instrument does not exceed $2,000.00 $10,000.00, the financial institution on which the check or instrument is drawn shall be authorized to accept and redeem the check or instrument by payment to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro rata; or
(4) If none of the above, then to the brothers and sisters of the decedent pro rata.
(b) If a check or other instrument is payable to more than one person, it may be accepted and redeemed as provided in subsection (a) of this Code section only if it has been en dorsed by each payee other than the decedent.
(c) Payments made pursuant to this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary.
(d) As used in this Code section, the term 'financial institution' includes any federally chartered financial institution.
(e) Application by any claimant or claimants entitled in this Code section to receive pay ments of checks or other instruments at a financial institution upon which such instru ment is drawn shall include an affidavit by the claimant or claimants which states that they qualify as the proper relation to the decedent as specified in this Code section and that the claimant or claimants know of no other corresponding claimant or claimants to such funds. The financial institution may rely on a properly executed affidavit in disburs ing the funds according to this Code section."

SECTION 5.

Said chapter is further amended by striking Code Section 7-1-291, relating to borrowings by banks, and inserting in lieu thereof the following:
"7-1-291.
(a) Subject to the restrictions of subsection tW (c) of this Code section, a bank may borrow money and issue notes, debentures, or other obligations to evidence such borrowing.
(b) The aggregate amount of oulhtaiiJmg liabilities of a bank for muuey boi rowed exclu sive of following outstanding liabilities are not subject to the restrictions in this Code section:
(1) Liabilities to a federal reserve bank on account of money borrowed or rediscounts;
(2) Liabilities on account of the acquisition of reserve balances at a federal reserve bank or other reserve agent from a member or a nonmember bank;
(3) Liabilities on account of agreements to repurchase securities sold by the bank (com monly known as 'repurchase agreements');

TUESDAY, FEBRUAEY 27, 1996

873

(4) Liabilities in the form of subordinated securities under Code Section 7-1-419; and
(5) Liabilities which do not constitute or result from the borrowing of money under definitions prescribed by regulation of the department.
11 ilOL All cul^ tiiiXic ^XCccu Cric dggi cg^ltA^ 01 tile &ixiuiliiL 01 LWiv^c iti ililiiij^/aii cu Cci^jiLal
clfLlllCU CC^l llll\i3, ^JlO^iUCU Lllcil/ Lllc Ucpal lilllClllj lildj' 111 LllC Cais ui ^lll lllUlvldll&l ULlllv
it (jOi"10 Wiu^ WitriuiAL I cgai ll IAJ tlic icoLi ii;Liuilb Ol Llli& LyOCic ScCtiOii lOi ci^LCi'gcilCy pUl1 cLiid ^fi'iilliL/iL Oi |jl^^c iiuuitiuiial ic^Li'iCLiOiio u^ivjii llxiLllci DOiii/wiu^b wiiiv/li VvOLllu, 111 ilCl^iliciit 01 Lite uc^jai Liilciit, COii^Lil/titic: aii XAiljbOuuiCl \ji Xiiiibdlc ^jia^Liwc m view Ol Ll'ic -tiuii duu CiiCUiiiSLaiitco ul Llic baiiK.
(c) A bank that wishes to borrow from sources other than those listed in subsection (b) of this Code section may borrow an aggregate amount which exceeds the sum of twice its unimpaired capital stock plus 100 percent of its unimpaired paid-in capital, appropriated retained earnings, and retained earnings, provided the bank's board of directors has ap proved a comprehensive written funding plan that addresses the following safety and soundness concerns:
(1) The plan must contain a detailed evaluation of the bank's management expertise and information systems to support the plan; and
(2) The plan must contain adequate asset and liability, liquidity, and funds manage ment policies and procedures to specifically address the use of borrowings as an alter nate funding source.
(d) The department may, notwithstanding the other provisions of this Code section, tem porarily waive the requirements of this Code section to permit an individual bank to borrow for emergency purposes. The department shall review the funding plan of each bank as a part of its normal supervisory program. The department may prohibit or place additional restrictions upon borrowings of any bank which would, in the judgment of the department, constitute an unsafe or unsound practice in view of the condition and cir cumstances of the banKT1
SECTION 6.
Said chapter is further amended by adding at the end of Code Section 7-1-394, relating to investigations of banks and trust companies, a new subsection to read as follows:
"(e) The department may utilize in its investigation process such reports from other bank supervisory agencies as are pertinent to the requirements of Georgia law."
SECTION 7.
Said chapter is further amended by adding at the end of Code Section 7-1-492, relating to prohibited acts of bank directors, officers, and employees, a new subsection to read as follows:
"(c) It shall be unlawful for any bank or trust company to lend to any officer, director, or employee any funds held in trust under powers granted in this chapter."
SECTION 8.
Said chapter is further amended by adding at the end of Code Section 7-1-530, relating to authority to merge or consolidate banks or trust companies, a new subsection to read as follows:
"(d) A merger or consolidation across state lines of any one or more banks or trust compa nies shall also be subject to the provisions of Part 20 of this chapter."

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SECTION 9.
Said chapter is further amended by striking Code Section 7-1-550, relating to national bank or trust company conversions, mergers, or consolidations, and inserting in lieu thereof the following:
"7-1-550.
(a) Subject to this part, a national bank located in this state may convert into, or merge oFconsolidate with, a bank or trust company upon:
(1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion, merger, or consolidation by the share holders and directors of the national bank and to dissenting rights of shareholders in such national bank;
(2) Adoption of any plan of merger or consolidation by the directors and shareholders of any party thereto existing under the laws of this state as required by paragraph (2) of subsection (a) of Code Section 7-1-531;
(3) Approval of the conversion, merger, or consolidation by the department as provided in this part; and
(4) Issuance of the appropriate certificate by the Secretary of State as provided in this part.
(b) A conversion, merger, or consolidation across state lines of any one or more national banks with a bank or trust company shall also be subject to the provisions of Part 20 of this chapter."
SECTION 10.
Said chapter is further amended by adding at the end of Code Section 7-1-601, relating to branch banks, a new subsection to read as follows:
"(d) A bank with a banking office in Georgia may, consistent with this Code section, ac quire from another bank a branch bank, bank office, or bank facility, without acquisition of the entire bank. Such acquisition shall be lawful only if and to the extent that such bank in Georgia could establish a branch bank, bank office, or bank facility on a de novo basis in that geographic location under the applicable provisions of Georgia law. An outof-state bank with no lawfully established branch bank in Georgia may not directly or indirectly acquire a branch bank, bank office, or bank facility in this state."
SECTION 11.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, and inserting in lieu thereof the following:
"(a) It shall be unlawful for a bank holding company to acquire direct or indirect owner ship or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank, if, after such acquisition, such bank holding com pany will directly or indirectly own or control 5 percent or more of the voting shares of such bank, or for any company to become a bank holding company as a result of the acquisition of control of such bank, unless:
(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a 'savings and loan,' a 'state savings and loan,' a 'savings bank,' or a 'federal savings bank' whose deposits are insured under a federal deposit insurance program; and
(2) Such bank or any predecessor institution of the type described in paragraph (1) of this subsection has been in existence and continuously operating or incorporated as a bank for a period of five years or more prior to the date of application to the commishkuiei for approval of suuh acquisition."

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SECTION 12.
Said chapter is further amended by striking subsection (a) of Code Section 7-1-912, relating to regulation of certain currency transactions, and inserting in lieu thereof the following:
"(a) (1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department; provided, however, the commissioner may permit a longer period to be considered a timely filing in the case of filings by magnetic media. In addition, the department or an appropriate state law enforcement agency specified by department regulation shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $100,000.00. The department may promulgate regulations that permit currency transaction reports and suspicious ac tivity reports filed by financial institutions with federal agencies pursuant to require ments of federal law to satisfy the currency transaction filing requirements of this paragraph, provided that the department determines that the department will have ac cess to the currency transaction such reports filed with the federal agencies.
(2) Pursuant to federal law a financial institution must keep a record of any currency transaction deemed suspicious for any reason, including transactions where money laun dering is suspected, and file a report of such transaction with the appropriate federal authority. All such suspicious activity reports shall be simultaneously filed with the de partment. Such filing shall be in addition to any currency transaction report filing.
(&K3) The provisions of paragraph (1) of this subsection shall not apply to transfers be tween banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of currency and which are accomplished through a wire or electronic transfer system operated by the Federal Reserve System, the Federal Home Loan Bank System, or other governmental agency or instrumentality; provided, however, with regard to each such transfer the bank, credit union, or savings and loan association shall maintain a record of the name, address, and tax identification number of its customer, the name and location of the cor responding bank, credit union, or savings and loan association, and the name of the cus tomer of the corresponding bank, credit union, or savings and loan association."
SECTION 13.
Said chapter is further amended by striking Code Section 7-1-1000, relating to certain defi nitions relating to mortgage brokers and lenders, and inserting in lieu thereof the following:
"7-1-1000.
As used in this article, the term:
(1) 'Affiliate' or 'person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries con trols, is controlled by, or is under common control with the person specified. Any bene ficial owner of 20 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, execxP tive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person.
(2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independ ent certified public accountant or by an independent Georgia registered public accounts ant considered acceptable by the department, which product consists of an opinion 65 the financial statements indicating their conformity with general accepted accounting principles?

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(X3) 'Commitment' or 'commitment agreement' means a statement by a lender re quired to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a
particular borrower.

(4) 'Control,' including 'controlling,' controlled by,' and *under common control with,'

means the direct or indirect possession of the power to direct or cause the direction of

the management and policies of a person, whether through the ownership of voting

securities, by contract, or otherwise.

"

(5) 'Executive officer' means the chief executive officer, the president, the principal fi nancial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar managerial or super visory functions with respect to any organization whether incorporated or unincorporated"

(2X6) 'Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person.

(3X7) 'License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker.

(4X8) 'Lock-in agreement' means an agreement whereby a lender required to be li censed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time.

(5X9) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan.

(6X10) 'Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead, any conduct which leads to a false belief which is material to the transaction.

(7X11) 'Mortgage broker" means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders pro viding the funding of such loans.

(0X12) 'Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans.

(9X13) 'Mortgage loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, secur ity instrument, or deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan.

(6X14) "Person" means any individual, sole proprietorship, corporation, limited liabil ity company, partnership, trust, or any other group of individuals, however organized.

(ttX15) 'Registrant' means any person required to register under subsection (b) of Code~Section 7-1-1001.

(2X16) 'Residential property" means improved real property used or occupied, or intended to be used or occupied, as the principal residence of a natural person. Such term does not include rental property or second homes.

(43X17) 'Service a mortgage loan" means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan.

TUESDAY, FEBRUARY 27, 1996

877

18) intimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such owner ship interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partner ships, trusts, joint-stock companies, other entities or devices, or any combination thereof."
SECTION 14.
Said chapter is further amended by striking Code Section 7-1-1001, relating to exemptions and registration, and inserting in lieu thereof the following:
"7-1-1001.
(a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;
itiiini^G. Dy LI iti Cl^J)3.i'tiilfeilt OU16I~ tflfliV I.TIOS6 iGllu
set forth in paragraph (1) of Ihis subsection, including, but not limited tu, subsidiaries
3.J.1CI a.lliliiiLi;S OI llii.ck.iiCiell ulSLitULiOilS 6LlbjcCL CO ciXiiiiliiicit-iOii Dy tlKi Qtipfl.lTtlll61j.L, SX1D~
sidiary of any lender described in paragraph (1) of this subsection or any subsidiary or affiliate of any bank holding company with banking offices in Georgia;
(3) An attorney at law licensed to practice law in Georgia who is not principally en gaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law;
(4) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article;
(5) Any person performing any act relating to mortgage loans under order of any court;
(6) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property;
(7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Develop ment Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage As sociation (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Af fairs (VA), the Farmers Home Administration FmHA), and the Federal Land Banks and Production Credit Associations;
(8) Any person who makes a mortgage loan to an employee of such person as an em ployment benefit;
(9) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' pro vided that any mortgage loan made by such licensee is for $3,000.00 or less;
(10) Nonprofit corporations making mortgage loans to promote home ownership or im provements for the disadvantaged;

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(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment with the licensee or exempted person;
(12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, or servicing mortgage loans; or
(13) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article unless such person applies for and is granted an exemption by the department in accordance with regulations promulgated by the department.
(b) In order to facilitate the department's handling of consumer inquiries and to provide for orderly record keeping, any Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business banking location in this state and any person claiming an exemption under paragraph (2) of subsection (a) of this Code section shall register initially with the department uii 01 before July 1,1990, and thereaf ter shall file an application for renewal of registration with the department on or before October 1 of each year providing the department with such information as the depart ment may prescribe by regulation, including, but not limited to, the business addresses at which such person engages in any business activities covered by this article and a telephone number that customers may use to contact such person. Registration under this subsection shall be accompanied by a registration fee to be established by regulation of the department. No person required to register under this subsection shall transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person is registered with the department."
SECTION 15.
Said chapter is further amended by adding at the end of Code Section 7-1-1002, relating to prohibitions of certain acts in the mortgage business, a new subsection to read as follows:
"(c) On or after July 1, 1996, every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same ex tent as such person, unless the person whose violation arises under this subsection sus tains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist."
SECTION 16.
Said chapter is further amended by striking subsection (c) of Code Section 7-1-1003, relat ing to applications for licenses, and inserting in lieu thereof the following:
"(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and
(2) A corporate surety bond issued by a bonding company or insurance company au thorized to do business in this state and approved by the department, provided that such bond is required by this paragraph or by subparagraph (d) (2) (B) of Code Section 7-1-1004. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. The bond shall be in a form satisfac tory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condition of such bond. Such

TUESDAY, FEBRUARY 27, 1996

879

bond shall be continuously maintained thereafter in full force. Such bond shall be con ditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by noncompliance of a. licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. The provi sions of this paragraph shall not apply to any mortgage broker who provides the de partment with an audited financial statement, piepaied by an independent certified public accountant, which statement demonstrates that the broker has a bona fide and verifiable tangible net worth of $25,000.00."
SECTION 17.
Said chapter is further amended by striking Code Section 7-1-1004, relating to investiga tion of and requirements for applicants for licenses or registration, and inserting in lieu thereof the following:
"7-1-1004.
(a) Upon receipt of an application for license, the department shall conduct such investi gation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demon strates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state.
(b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.
(c) Except as otherwise provided in subsection (d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant sub mits audited financial statements covering the applicant's most recent fiscal year preceding the date of the application or registration or such other financial data as the department may require which disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the depart ment may require, which net worth must be continuously maintained as a condition of licensure or registration. The department may promulgate regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure or registration.
(d) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in addi tion to all other applicable requirements for licensure under this article:
(1) In support of an application for a mortgage lender's license, the applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit, to another mortgage lender prior to the due date of the first payment by the borrower, but in no event later than 45 days after the date of funding;
(2) In support of an application for a mortgage lender's license, the applicant shall submit the following to the department:
(A) Audited financial statements prepared by an independent certified public ac countant covering the applicant's most recent fiscal year preceding the date of the application or such other financial data as the department may require that demon strate that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may require;
(B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be issued by a bonding company or insurance company authorized to do business in

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this state and approved by the department, and which bond shall comply with the requirements for corporate surety bonds set forth in paragraph (2) of subsection (c) of Code Section 7-1-1003; and
(C) Evidence of its approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development.
(e) The department may not issue a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such conviction.
(0 The department shall be authorized to obtain conviction data with respect to any ap plicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. For such purpose, the department may submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant or any person who is a director, officer, partner, agent, employee, or ulti mate equitable owner of 10 percent or more of the applicant, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privi leged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Informa tion Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought.
(g) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant, has had a license denied, revoked, or sus pended within one year of the date of the application.
(h) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.

TUESDAY, FEBRUARY 27, 1996

881

(i) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regula tions contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation."
SECTION 18.
Said chapter is further amended by striking Code Section 7-1-1009, relating to mainte nance and investigation of records of licensees and registrants, and inserting in lieu thereof the following:
"7-1-1009.
(a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved.
(b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, busi ness, premises, and records of any person required to be licensed or registered under this article insofar as they pertain to any business for which a license or registration is re quired by this article. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately ex amined by a federal bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and pro duced by other state or federal agencies, unless the department determines that the ex aminations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article.
(c) The department, at its discretion, may:
(1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article;
(2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department.
(d)(l) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a. subpoena for any witness or for the production of documentary evidence. Such subpoenas may Be served by certified mail, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, or shall be directed for serviceTo the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or paper resides or is found. The required fees and mile-' age of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the depart ment are paid.

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(2) The department may issue and apply to enforce subpoenas in this state at the re quest of'a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state?
(e) In case of refusal to obey a subpoena issued under this article to any person, a supe rior court of appropriate jurisdiction, upon application by the department, may issue to tHe person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey"a subpoena may be punished as contempt by the court.
(eXf) Examinations and investigations conducted under this article and information ob tained by the department in the course of its duties under this article are confidential pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraph (3) of subsection (c) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities.
(g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other informal turn required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person:
(1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees;
(2) For any such information furnished to or received from other persons subject to the provisions of this title;"or
(3) For any such information furnished in complaints filed with the department.
(h) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section."
SECTION 19.
Said chapter is further amended by striking Code Section 7-1-1010, relating to required reports and financial statements, and inserting in lieu thereof the following:
"7-1-1010.
(a) Each licensee and registrant shall annually, on or before April 1, file a written report with the department containing such information as the department may require con cerning the business and operations during the preceding calendar year as to each li censed or registered place of business. Reports shall be made under oath and shall be in the form prescribed by the department. Any licensee or registrant who fails to prepare and file with the department by April 1 the report required by this subsection shall pay the department a late penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee or registrant from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee or registrant fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it.
(b) Each mortgage broker licensed or registered under this article shall submit to the department at least once each year initially and at the time of renewal an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond to meet the requirements for licensure in Code Section 7-1-1003, the mortgage broker shall sub mit to the department with the initial application for licensure and with any renewal applications an audited financial statement prepared by an independent certified public

TUESDAY, FEBRUARY 27, 1996

883

accountant. The department may require the mortgage broker to have made by in dependent certified public accountants an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of the this article and the rules and regulations adopted in furtherance of this article. Each mortgage lender licensed or registered under this article shall at least once each year have made by independent certified public ac countants an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this pro vision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or regis trant which is prepared in accordance with generally accepted accounting principles. The department may by regulation establish minimum standards of audits and reports under this Code section."
SECTION 20.
Said chapter is further amended by striking Code Section 7-1-1013, relating to prohibited acts, and inserting in lieu thereof the following:
"7-1-1013.
It is prohibited for any person; transacting a mortgage business in or from this state, including any person required to be licensed under this article and any person exempted from the licensing requirements of this article under Code Section 7-1-1001, to:
(1) Misrepresent the material facts or make false promises likely to influence, per suade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise;
(2) Misrepresent or conceal material factors, terms, or conditions of a transaction to which the mortgage lender or broker is a party, pertinent to an applicant for a mort gage loan or mortgagor;
(3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan;
(4) Improperly refuse to issue a satisfaction of a mortgage loan;
(5) Fail to account for or deliver to any person any personal property obtained in con nection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain;
(6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the making of or purchase or sale of any mortgage loan;
(7) Engage in any fraudulent home mortgage underwriting practices;
(8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing;
(9) Make, directly or indirectly, any residential mortgage loan with the intent to fore close on the borrower's property. For purposes of this paragraph, there is a presump tion that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower;
(B) Lack of probability of full payment of the loan by the borrower; and

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JOURNAL OF THE SENATE

(C) A significant proportion of similarly foreclosed loans by such person; or (10) Provide an extension of credit or collect a mortgage debt by extortionate means."

SECTION 21.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton
Cagle Cheeks Clay
Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 2nd
Johnson of 1st Kemp Lamutt
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:

Broun of 46th (excused) Griffin

Day (excused)

Scott

On the passage of the bill, the yeas were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 484. By Senators Ralston of the 51st, Farrow of the 54th and Middleton of the 50th:

A resolution designating the Southern Highroads Scenic Highway.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black
Blitch Boshears Bowen
Brown of 26th Burton

Cagle Cheeks
Clay
Dean Edge Egan
Farrow Gillis

Glanton Gochenour
Griffin
Guhl Harbison Henson
Hill Hooks

TUESDAY, FEBRUARY 27, 1996

885

James Johnson of 2nd Johnson of 1st Kemp Lamutt
Land Langford Madden
Marable

McGuire Middleton Newbill Oliver Perdue
Pollard Ragan Ralston
Ray

Those not voting were Senators:

Broun of 46th (excused) Day (excused)

Crotts

Slotin

Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker
Tysinger

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Ralston of the 51st moved that Senator Middleton of the 50th he excused due to pressing legislative business. On the motion, the yeas were 36, nays 0; the motion pre vailed, and Senator Middleton was excused.

SR 581. By Senators Ragan of the llth, Middleton of the 50th, Cagle of the 49th and others:
A resolution urging the Public Service Commission to adopt an official schedule of planting and harvest dates.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch
Boshears Bowen
Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis
Glanton

Gochenour Griffin Harbison
Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire Newbill

Oliver Perdue Pollard
Ragan Ralston
Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour Broun of 46th (excused) Day (excused)

Guhl Langford

Middleton (excused) Slotin

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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SB 657. By Senators Ragan of the llth, Cagle of the 49th and Guhl of the 45th:

A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to pro vide for a short title; to provide for definitions; to regulate the sale and distribu tion of agricultural liming materials in this state; to provide for administration.

Senator Ragan of the llth offered the following amendment:
Amend SB 657 by striking lines 16 through 28 of page 12 and inserting in lieu thereof the following:
"with the following:
(A) A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming materials in this state; or
(B) A $50.00 annual fee for licensees having sales of less than 10,000 tons of liming materials in this state.".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to an amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Newbill

Oliver Perdue Pollard
Ragan Ralston
Ray Scott
Starr Stokes Tanksley
Taylor Thomas Thompson
Turner Tysinger Walker

Those not voting were Senators:

Black

Day (excused)

Broun of 46th (excused) Hill

Middleton (excused) Slotin

On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 715. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the approval of the governing authority of each affected county or municipal corporation before a merger of any county or municipal chambers of commerce becomes effective.

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887

Senator Stokes of the 43rd moved that SB 715 be placed on the Table.
On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 715 was placed on the Table.
Senator Taylor of the 12th moved that the following bill of the Senate be postponed to February 28:

SB 695. By Senators Taylor of the 12th, Hooks of the 14th and Ralston of the 51st:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory to the corporate limits of municipalities, so as to clarify and provide that the General Assembly by local Act may annex any territory, whether contiguous or noncontiguous, to the corporate limits of any municipality, and such right shall not be affected or impaired by any provision of Chapter 36 of Title 36 of the Official Code of Georgia Annotated.
On the motion, the yeas were 38, nays 1; the motion prevailed, and pursuant to Senate Rule 88, SB 695 was placed on the General Calendar.

SR 535. By Senators Walker of the 22nd, Henson of the 55th, Madden of the 47th and others:

A resolution creating the Select Oversight Committee on Medicaid.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour Black Blitch Boshears Bowen
Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan
Farrow

Gillis
Glanton Gochenour Griffin Harbison Henson
Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford
Madden

Marable
McGuire Oliver Pollard Ragan Ralston
Ray Scott Starr Stokes Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Broun of 46th (excused) Day (excused) Middleton (excused)

Newbill Perdue Slotin

Tanksley Taylor

On the adoption of the resolution, the yeas were 47, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE SENATE

The following resolution was read and put upon its adoption:

SR 601. By Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th:

A RESOLUTION

Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 29, 1996, and shall reconvene on Tuesday, March 5, 1996.
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 Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Crotts Dean Edge Egan Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable McGuire

Newbill Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour Broun of 46th (excused) Clay Day (excused)

Farrow Johnson of 1st Middleton (excused)

Oliver Slotin Tanksley

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:20 P.M., the President announced the Senate adjourned.

WEDNESDAY, FEBRUARY 28, 1996

889

Senate Chamber, Atlanta, Georgia Wednesday, February 28, 1996 Thirtieth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1762. By Representatives Golden of the 177th, Bates of the 179th, Titus of the 180th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement.
HB 1766. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.
HB 1768. By Representative Barnard of the 154th:
A bill to reincorporate the City of Bellville; to provide a new charter.
HB 1769. By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to repeal an Act approved March 20, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County.
HB 1772. By Representatives Coleman of the 80th and Goodwin of the 79th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
HB 1775. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Thomas County," so as to provide for the filling of vacancies on such board of commissioner districts.

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HB 1776. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act providing a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration.
HB 1777. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to abolish the office of elected county surveyor of Spalding County; to pro vide for appointment of a county surveyor by the governing authority of Spalding County.
HB 1779. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act providing for the election of the Board of Commissioners of Schley County, so as to change the compensation of the chairman and mem bers of the board of commissioners.
HB 1780. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
HB 1781. By Representative Birdsong of the 123rd:
A bill to create a board of elections and registration in Wilkinson County.
HB 1784. By Representatives Skipper of the 137th and Banner of the 159th:
A bill to create the Americus Theater and Cultural Center Authority.
HB 1589. By Representatives Dixon of the 150th, Mosley of the 171st, Johnson of the 84th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an ad valorem property tax exemption for property used in or as a part of certain water conservation facilities; to pro vide for income tax credits for water conservation facilities and qualified water conservation investment property and for shifts from ground-water usage.
HB 1655. By Representatives Walker of the 141st, Childers of the 13th, Stephenson of the 25th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide under certain circumstances for the pronouncement of death by regis tered nurses practicing in nursing homes.
HB 1222. By Representative Simpson of the 101st:
A bill to amend Code Section 3-12-2 of the Official Code of Georgia Annotated, relating to the establishment of residential community development districts; so as to change certain provisions relative to the method of establishment of such districts.

WEDNESDAY, FEBRUARY 28, 1996

891

HB 1556. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that a local Act providing for the reincorporation of certain areas may be enacted with out regard to the proximity of an existing municipal corporation.
HB 1401. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to change the method for determining minimum compensation for full-time and part-time judges of the state courts of counties.
HB 1643. By Representatives Chambless of the 163rd, Hudson of the 156th, Holland of the 157th and others:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the offenses of homicide by interference with an official traffic-control device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal.
HB 1586. By Representatives Royal of the 164th, Jamieson of the 22nd and Buck of the 135th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' returns as to gross proceeds of sales and purchases, so as to provide for annual filing of such reports by certain dealers.
HB 1362. By Representative Streat of the 167th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in public schools, so as to provide that contractors, officials, agents, or other appropriate representatives of the Department of Pub lic Safety may teach the alcohol and drug course.
HB 1625. By Representatives Dixon of the 168th, Epps of the 131st, DeLoach of the 119th and others:
A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, so as to prohibit the sale of distilled spirits by the pack age at a price below cost.
HB 1076. By Representative Martin of the 47th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the provisions relating to definitions; to provide that the provisions of said chapter shall apply to certain private residences constructed for first occupancy after January 1, 1997.

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JOURNAL OF THE SENATE

The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate:
SR 601. By Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th:
A resolution relative to adjournment at 5:00 P.M., Thursday, February 29,1996 and reconvening on Tuesday, March 5, 1996.
HR 946. By Representative Twiggs of the 8th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
HR 1032. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st and others:
A resolution creating the Blue Ribbon Commission on the General Assembly of Georgia.
The following bills were introduced, read the first time and referred to committees:
SB 761. By Senators Glanton of the 34th and Gochenour of the 27th:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide for the distribution of lottery funds to certain agencies providing voluntary prekindergarten programs; to provide for allocation of lottery prekindergarten program funds to local school systems in limited circumstances.
Referred to Committee on Education.
SB 762. By Senator Glanton of the 34th:
A bill to amend Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to county boundaries, so as to provide an alternative procedure for the change of county boundaries; to provide for intent and applicability; to provide for petitions and the filing thereof; to provide for maps and plats and the filing thereof; to provide for notices; to provide for the date on which a change in county boundaries shall become effective.
Referred to Committee on State and Local Governmental Operations (General).
SB 763. By Senator Edge of the 28th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to any felony or driving under the influence of alcohol or drugs; to prohibit the opera tion of a motor vehicle by a person under 18 years of age between certain hours.
Referred to Committee on Special Judiciary.
SB 764. By Senators Clay of the 37th and Lamutt of the 21st:
A bill to provide for the method of filling vacancies on the Board of Education of Cobb County; to provide for related matters; to provide for an effective date and applicability.
Referred to Committee on State and Local Governmental Operations.

WEDNESDAY, FEBRUARY 28, 1996

893

SB 765. By Senator Walker of the 22nd:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, as amended, so as to change the compensation and expense allowance of the members of the board; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 766. By Senators Crotts of the 17th, Ray of the 19th, Marable of the 52nd and Balfour of the 9th:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice required of insurers for termination, increase in premium rates, or change restricting coverage, so as to change certain provisions regard ing failure of an insurer to comply with notice requirements.
Referred to Committee on Insurance and Labor.
SB 767. By Senator Ray of the 19th:
A bill to amend Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, so as to change certain provisions relating to identification of passenger cars and components; to provide for identification of truck chassis with features designed for specialized requirements of wreckers; to provide for penalties; to provide an effective date.
Referred to Committee on Consumer Affairs.
SB 768. By Senators Gochenour of the 27th and Glanton of the 34th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, regarding Aid to Families with Dependent Children, so as to provide that certain persons living with a family receiving Aid to Families with Depen dent Children must provide financial support for any children in such family; to provide that the income of such persons will be considered in determining that family's eligibility for such assistance; to provide for waivers and effective dates.
Referred to Committee on Health and Human Services.
SB 769. By Senators Gochenour of the 27th, Thompson of the 33rd, Ralston of the 51st and Dean of the 31st:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals along the state high way system, so as to provide that information concerning certain restaurants shall not be excluded from certain authorized signs, displays, and devices er ected and maintained within the rights of way of the interstate system.
Referred to Committee on Transportation.
SR 613. By Senator Cheeks of the 23rd:
A resolution creating the Alternative Financing for Education Joint Study Com mittee.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE

SR 614. By Senator Cheeks of the 23rd:
A resolution urging the State Board of Education to encourage local school sys tems to select sites for proposed schools based upon the availability of natural areas and to include environmental education in the general curriculum.
Referred to Committee on Rules. The following bills were read the first time and referred to committee:
HB 1076. By Representative Martin of the 47th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the provisions relating to definitions; to provide that the provisions of said chapter shall apply to certain private residences constructed for first occupancy after January 1, 1997.
Referred to Health and Human Services Committee.
HB 1222. By Representative Simpson of the 101st:
A bill to amend Code Section 3-12-2 of the Official Code of Georgia Annotated, relating to the establishment of residential community development districts; so as to change certain provisions relative to the method of establishment of such districts.
Referred to State and Local Governmental Operations (General) Committee.
HB 1362. By Representative Streat of the 167th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in public schools, so as to provide that contractors, officials, agents, or other appropriate representatives of the Department of Pub lic Safety may teach the alcohol and drug course.
Referred to Education Committee.
HB 1401. By Representatives Chambless of the 163rd, Botsick of the 165th and Barnes of the 33rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to change the method for determining minimum compensation for full-time and part-time judges of the state courts of counties.
Referred to Judiciary Committee.
HB 1556. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that a local Act providing for the reincorporation of certain areas may be enacted with out regard to the proximity of an existing municipal corporation.
Referred to State and Local Governmental Operations (General) Committee.
HB 1586. By Representatives Royal of the 164th, Jamieson of the 22nd and Buck of the 135th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' returns as to gross proceeds of sales and purchases, so as to provide for annual filing of such reports by certain dealers.
Referred to Finance and Public Utilities Committee.

WEDNESDAY, FEBRUARY 28, 1996

895

HB 1589. By Representatives Dixon of the 150th, Mosley of the 171st, Johnson of the 84th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an ad valorem property tax exemption for property used in or as a part of certain water conservation facilities; to pro vide for income tax credits for water conservation facilities and qualified water conservation investment property and for shifts from ground-water usage.
Referred to Finance and Public Utilities Committee.
HB 1625. By Representatives Dixon of the 168th, Epps of the 131st, DeLoach of the 119th and others:
A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, so as to prohibit the sale of distilled spirits by the pack age at a price below cost.
Referred to Consumer Affairs Committee.
HB 1643. By Representatives Chambless of the 163rd, Hudson of the 156th, Holland of the 157th and others:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the offenses of homicide by interference with an official traffic-control device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal.
Referred to Judiciary Committee.
HB 1655. By Representatives Walker of the 141st, Childers of the 13th, Stephenson of the 25th and Skipper of the 137th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide under certain circumstances for the pronouncement of death by regis tered nurses practicing in nursing homes.
Referred to Health and Human Services Committee.
HR 946. By Representative Twiggs of the 8th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to Finance and Public Utilities Committee.
HR 1032. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st and others:
A resolution creating the Blue Ribbon Commission on the General Assembly of Georgia.
Referred to State and Local Governmental Operations (General) Committee.

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JOURNAL OF THE SENATE

HB 1762. By Representatives Golden of the 177th, Bates of the 179th, Titus of the 180th and others:
A bill to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement.
Referred to State and Local Governmental Operations Committee.
HB 1766. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.
Referred to State and Local Governmental Operations Committee.
HB 1768. By Representative Barnard of the 154th:
A bill to reincorporate the City of Bellville; to provide a new charter.
Referred to State and Local Governmental Operations Committee.
HB 1769. By Representatives Golden of the 177th, Reaves of the 178th and Shaw of the 176th:
A bill to repeal an Act approved March 20, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County.
Referred to State and Local Governmental Operations Committee.
HB 1772. By Representatives Coleman of the 80th and Goodwin of the 79th:
A bill to amend an Act creating a new charter for the City of Norcross, so as to change the corporate limits of the City of Norcross.
Referred to State and Local Governmental Operations Committee.
HB 1775. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Thomas County," so as to provide for the filling of vacancies on such board of commissioner districts.
Referred to State and Local Governmental Operations Committee.
HB 1776. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act providing a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration.
Referred to State and Local Governmental Operations Committee.
HB 1777. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to abolish the office of elected county surveyor of Spalding County; to pro vide for appointment of a county surveyor by the governing authority of Spalding County.
Referred to State and Local Governmental Operations Committee.

WEDNESDAY, FEBRUARY 28, 1996

897

HB 1779. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act providing for the election of the Board of Commissioners of Schley County, so as to change the compensation of the chairman and mem bers of the board of commissioners.
Referred to State and Local Governmental Operations Committee.

HB 1780. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
Referred to State and Local Governmental Operations Committee.

HB 1781. By Representative Birdsong of the 123rd: A bill to create a board of elections and registration in Wilkinson County.
Referred to State and Local Governmental Operations Committee.

HB 1784. By Representatives Skipper of the 137th and Hanner of the 159th:

A bill to create the Americus Theater and Cultural Center Authority.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bills and resolution of the Senate and House and has in structed me to report the same back to the Senate with the following recommendations:

SB 751. Do pass.

HR 792. Do pass.

HB 1284. Do pass.

Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol
lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 754. Do pass as amended.
Respectfully submitted, Senator Harbison of the 15th District, Chairman

Mr. President: The Committee on Ethics has had under consideration the following resolution of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 531. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 539. Do pass by substitute.

SB 750. Do pass.

SB 654. Do pass by substitute.

HB 514. Do pass as amended.

SB 711. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Reapportionment has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 677. Do pass by substitute.
Respectfully submitted, Senator Blitch of the 7th District, Chairman

Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 580. Do pass. SR 596. Do pass.

SR 478. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 533. Do pass by substitute.

HB 1580. Do pass by substitute.

HB 907. Do pass by substitute.

HB 1613. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1218. Do pass by substitute.
Respectfully submitted, Senator Egan of the 40th District, Chairman

WEDNESDAY, FEBRUARY 28, 1996

899

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 749. Do pass.

HB 1318. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 541 HB 1130 HB 1439

SB 697 HB 1149 HR 853

HB 367 HB 1270 HR 987

HB 555 HB 1272

HB 667 HB 1293

HB 873 HB 1300

Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Black Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ralston Scott Slotin Starr Stokes Taylor Turner Tysinger

Those not answering were Senators:

Abernathy Blitch Broun of 46th Day

Ragan Ray (presiding) Tanksley

Thomas Thompson Walker

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Gochenour of the 27th introduced the chaplain of the day, Reverend Lawrence Robinson, pastor of Macon Community Bible Church, Macon, Georgia, who offered scrip ture reading and prayer.
Senator James of the 35th introduced Deacon Jean Moenk, commended by SR 530, adopted previously, who addressed the Senate briefly.
The President assumed the Chair.
The following resolutions were read and adopted:

SR 612. By Senator Bowen of the 13th: A resolution commending Mr. J. W. Hudson.

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SR 616. By Senator Ralston of the 51st: A resolution expressing regret at the passing of the Honorable Kathleen Gold.
SENATE RULES CALENDAR Wednesday, February 28, 1996 THIRTIETH LEGISLATIVE DAY
SB 735 Regional Jail Authorities--city may form, participate in (Substitute) (Corr--31st)
SB 612 Salt-water Island Property--zoning power by coastal counties (SLGO-G--6th)
SB 634 Municipal Incorporation--determining distance to existing municipal corpora tion (Substitute) (Amendment) (S Judy--6th)
SB 409 Chiropractors--scope of practice (Substitute) (H&HS--2nd)
SR 511 Schools--urge programs on abduction, dangers, prevention (Ed--8th)
SB 698 Local Retirement Systems--investment of assets in equities (Substitute) (Ret--44th)
SR 506 Bill Fincher, Jr. Highway--designate (Trans--54th)
SR 507 Charles A. Pannell, Sr., Highway--designate (Trans--54th)
SR 432 Senate Recycling and Economic Development Study Committee--create (Amendment) (Rules--35th)
SB 3 Public Roads--include bicycle paths, rapid transit, railroads (Substitute) (Trans--39th)
HB 656 Financial transaction card account number; prohibit fraudulent use (B&FI--37th) Coker--31st
HB 1291 Workers' Compensation; amend provisions (Substitute) (I&L--28th) Lane--146th
HB 500 Special education; students in general program; funding (Ed--42nd) Sherrill--62nd
HB 1355 Housing authorities; private enterprise agreements; tax exemption (Amend ment) (SLGO-G--35th) Holmes--53rd
HB 844 Vaccination registry for children; provisions (Substitute) (H&HS--22nd) Randall--127th
HB 173 Regents retirement plan; employer's contribution (Substitute) (Ret--46th) McBee--88th Respectfully submitted, Is/ Scott of the 36th, Chairman Senate Rules Committee

WEDNESDAY, FEBRUARY 28, 1996

901

The following general bills were read the third time and put upon their passage:
SB 735. By Senators Dean of the 31st, Marable of the 52nd and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow municipalities to form and participate in regional jail authorities; to provide for definitions; to provide for related matters.
The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to SB 735:
A BILL
To be entitled an Act to amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow municipalities to form and participate in regional jail authorities; to provide for definitions; 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 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, is amended by striking in its entirety subsection (b) of Code Sec tion 42-4-91, relating to statement of authority and policy of state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It is the express policy of the State of Georgia that any authority created by this article shall be authorized to enter into agreements with any county or municipality for the purpose of building, owning, and operating a jail facility for the county or municipality."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 42-4-92, relating to definitions, and inserting in lieu thereof a new Code Section 42-4-92 to read as follows:
"42-4-92.
As used in this article, the term:
(1) 'Authority' means each public body corporate and politic created pursuant to this article.
(2) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the jail facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for jail functions; financing charges and interest prior to and during construction and during such additional pe riod as the authority may reasonably determine to be necessary for the placing of the jail in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the jail; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this article. The costs of any jail may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of any jail and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the jail and may be paid

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or reimbursed as such out of the proceeds of user fees, or revenue bonds or notes issued under this article for such jail, or from other revenues obtained by the authority.

(3) 'County' means any county of this state or governmental entity formed by the con solidation of a county and one or more municipal corporations.

(4) 'County regional jail authority' means a regional jail authority formed by counties

pursuant to this article?

"

(4X5) 'Governing body' means the elected or duly appointed officials constituting the governing body of each county in the state.

(5X6) 'Management committee' means a regional jail authority management commit tee created pursuant to Code Section 42-4-95.

(7) 'Municipality' means any municipal corporation of this state.

(8) 'Municipal regional jail authority' means a regional jail authority formed by munici palities pursuant to this article!

(6X9) 'Project' means a jail and all other structures including electric, gas, water, and other utilities and facilities, equipment, personal property, and vehicles which are deemed by the authority as necessary and convenient for the operation of the jail."

SECTION 3.

Said article is further amended by striking in its entirety subsection (a) of Code Section 424-93, relating to creation of authorities and exemption of securities, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any two or more counties may jointly form an authority, to be known as the county regional jail authority for such counties. Any two or more municipalities may jointly form an authority, to be known as the municipal regional jail authority for such munici palities. No authority shall transact any business or exercise any powers under this arti cle until the governing authorities of the counties or municipalities involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of each county or municipality to enter into an agreement with the other county or counties or municipalities participating in the authority for the activation of an authority and such agreement is executed. Such authorities shall be public bodies, corporate and politic, and instrumentalities of the State of Georgia. A copy of the ordinance or resolution and agreement among participant counties or participant municipalities shall be filed with the Secretary of State who shall maintain a record of all authority activities under this article."

SECTION 4.

Said article is further amended by striking in its entirety Code Section 42-4-94, relating to board of directors and addition of counties to authority, and inserting in lieu thereof a new Code section 42-4-94 to read as follows:
"42-4-94.
(a) Control and management of the authority shall be vested in a board of directors. Each county participating in the an authority shall appoint the sheriff of the county for the term of such sheriffs office. "One other member from each participating county shall be appointed for a four-year term. Each municipality participating in an authority shall appoint one person to serve on the~board of directors for a four-year term. For each board of directors, an An additional member shall be appointed by the directors themselves. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a director. The directors shall receive no compensa tion for their services but shall be reimbursed for actual expenses incurred in the per formance of their duties. The directors may make bylaws and regulations for the governing of the authority and may delegate to one or more of the officers, agents, and

WEDNESDAY, FEBRUARY 28, 1996

903

employees of the authority such powers and duties as may be deemed necessary and proper.
(b) It is the duty of the board of directors to erect or repair, when necessary, the jail and to furnish the jail with all the furniture necessary for the different rooms, offices, and cells. The jail shall be erected and kept in order and repaired at the expense of the au thority under the direction of the board of directors which is authorized to make all nec essary contracts for that purpose. The board of directors shall pass an annual budget sufficient for the efficient and effective operation of the jail.
(c) Members of the board of directors of an authority formed pursuant to this Code sec tion may agree that additional counties, if a county regional jail authority, or municipali ties, if a municipal regional jail authority, may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under such terms as may be imposed by such two-thirds of the members of such board of directors."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 42-4-95, relating to management committee and election of officers, and inserting in lieu thereof a new Code Section 42-4-95 to read as follows:
"42-4-95.
(a) The jail of a county regional jail authority shall be managed and operated by a re gional jail authority management committee composed of all of the sheriffs from the par ticipant counties. The county regional jail authority management committee shall have all of the responsibilities provided in Code Section 15-16-24 and this chapter, including the employment and supervision of all personnel employed to operate the jail.
(b) The jail of a municipal regional jail authority shall be managed and operated by a regional jail authority management committee composed of either the chief of police or director of public safety from each participant municipality. The municipal regional jail authority management committee shall have all of the responsibilities provided by this cEapter for municipal jails and jailers, including the employment and supervision of all personnel employed to operate the jail.
(c) The sheriffs serving on a county regional jail authority management committee or the chiefs of police and directors of public safety serving on a municipal regional jail author^ ity management committee shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary who may or may not be a member of the committee. The committee shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The com mittee may delegate to one or more of the officers, agents, and employees of the commit tee such powers and duties as may be deemed necessary and proper.
(faXd) In the event that the authority consists of an even number of participant counties or participant municipalities, the sheriffs or police chiefs and directors of public safety serving on the management committee shall then elect one member, who may or may not be a member of the authority's board of directors, to serve on the management committee."
SECTION 6.
Said article is further amended by striking in its entirety paragraph (3) of Code Section 424-97, relating to powers of authority, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) To acquire, construct, improve, or modify, to place into operation, or to operate or cause to be placed in operation and operated, a jail or jails within the counties or munici palities in which the authority is activated and subject to execution of agreements with appropriate political subdivisions affected within other counties or municipalities and to

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pay all or part of the cost of any such jail or jails from the proceeds of revenue bonds of the authority or from any combination or loan by persons, firms, or corporations or from any other contribution or use fees, all of which the authority is authorized to receive, accept, and use;".
SECTION 7.
Said article is further amended by striking in its entirety subsection (b) of Code Section 424-102, relating to construction of article and powers of counties, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A county or any number of counties or a municipality or any number of municipali ties shall have the right to activate any authority under this article, notwithstanding the existence of any other authority having similar powers or purposes within the county or a municipal corporation created pursuant to any general law or amendment to the Consti tution of this state. However, nothing in this article shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence."
SECTION 8.
Said article is further amended by striking in its entirety Code Section 42-4-103, relating to operation and finance agreements and withdrawal from authority, and inserting in lieu thereof a new Code Section 42-4-103 to read as follows:
"42-4-103.
(a) Failure of a participant county or participant municipality to execute an operation and finance agreement duly adopted by the authority at a regularly scheduled meeting or a meeting called for that purpose within 60 days after such agreement has been executed by two or more participant counties or participant municipalities shall constitute a with drawal from the authority.
(b) Any participant county or participant municipality may withdraw from the authority subject to any contract, obligation, or agreement with the authority, but no participant county or participant municipality shall be permitted to withdraw from any authority after any obligation has been incurred by the authority. The governing body of the par ticipant county or participant municipality wishing to withdraw from an existing author ity shall signify its desire by resolution or ordinance."
SECTION 9.
Said article is further amended by striking in its entirety Code Section 42-4-104, relating to authority of county to establish and maintain jail or jail-holding facility, and inserting in lieu thereof a new Code Section 42-4-104 to read as follows:
"42-4-104.
Notwithstanding anything contained in this article, no participant county or participant municipality shall be prohibited from establishing and maintaining any jail or jail-hold ing facility. Notwithstanding any other provision in this chapter, sheriffs shall operate the cuuuty jail such jails shall be operated as provided in the laws of this state as if the county or municipality was not a participant in the regional jail authority."
SECTION 10.
Said article is further amended by striking in its entirety Code Section 42-4-105, relating to immunity of authorities from liability, and inserting in lieu thereof a new Code Section 42-4-105 to read as follows:

WEDNESDAY, FEBRUARY 28, 1996

905

"42-4-105.
Regional jail authorities shall be carrying out an essential governmental function on be half of participant counties or participant municipalities and are, therefore, given immu nity from liability for carrying out their intended functions."

SECTION 11.

Said article is further amended by adding thereto a new Code Section 42-4-106 to read as follows:
"42-4-106.
Notwithstanding the provisions of Code Section 17-4-25.1 or any other law, the sworn law enforcement officers of any municipalities participating in a municipal regional jail authority shall be authorized to transport a prisoner or person who is arrested to the municipal regional jail and from the municipal regional jail for any lawfully required or necessary purpose."

SECTION 12.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden

Marable Middleton Newbill Oliver Perdue Ragan Ralston Ray Scott Slotin Taylor Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Harbison Hooks

Kemp McGuire Pollard Starr

Stokes Tanksley Thomas Thompson

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Perdue of the 18th moved that Senator Thompson of the 33rd be excused due to business away from the Capitol. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thompson was excused.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1723. By Representatives Connell of the 115th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain restrictions regarding absentee voting shall not apply during a limited period of time immediately preceding a primary or election.
The following bill was read the first time and referred to committtee:

HB 1723. By Representative Connell of the 115th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain restrictions regarding absentee voting shall not apply during a limited period of time immediately preceding a primary or election.
Referred to State and Local Governmental Operations (General) Committee. The Calendar was resumed.

SB 612. By Senators Bosahears of the 6th and Johnson of the 1st:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for procedures for the exercise of zoning pow er by coastal counties involving certain property located on salt-water islands; to provide for legislative findings and intent; to provide for definitions.

Senators Johnson of the 1st and Boshears of the 6th offered the following amendment:
Amend SB 612 by adding on line 20 on page 5 after "classification." a new sentence to read:
"If the zoning advisory board fails to issue a finding or report, the governing authority shall not be prevented from taking action."
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Burton Cagle Clay Crotts Day Edge

Egan Farrow Glanton Gochenour Guhl James Johnson of 1st Lamutt

Land McGuire Newbill Ralston Slotin Tanksley Tysinger

Those voting in the negative were Senators:

Blitch Bowen

Broun of 46th Cheeks

Dean Gillis

WEDNESDAY, FEBRUARY 28, 1996

907

Henson Hill Hooks Johnson of 2nd Kemp Langfbrd

Madden Marable Middleton Oliver Perdue Pollard

Those not voting were Senators:

Abemathy Black Brown of 26th

Griffin Harbison Scott

Ragan Ray Starr Taylor Thompson Turner
Stokes Thomas Walker

On the passage of the bill, the yeas were 23, nays 24.
The bill, having failed to receive the requisite constitutional majority, lost.
Senator Boshears of the 6th gave notice that at the proper time, he would move that the Senate reconsider its action on SB 612.
Senator Newbill of the 56th introduced the doctor of the day, Dr. Tom Price of Roswell, Georgia.
The Calendar was resumed.

SB 634. By Senator Boshears of the 6th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that in determining whether an area seeking incorporation is within three miles of the corporate limits of an existing municipal corporation, water bottoms and marsh lands with not be included in the measure.
The Senate Special Judiciary Committee offered the following substitute to SB 634:
A BILL
To be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to the incorporation of municipal corporations, so as to provide that certain provisions relating to the distance between a proposed municipality and an existing munic ipality shall apply with regard to certain municipalities; to provide that in determining whether an area seeking incorporation is within three miles of the corporate limits of an existing municipal corporation, water bottoms and marshlands will not be included in the measure; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorpora tion of municipal corporations, is amended by striking in its entirety Code Section 36-31-2, relating to the minimum distance between the proposed corporate boundaries and the boundaries of existing municipal corporations generally, and inserting in lieu thereof the following:
"36-31-2.
No local Act granting a municipal charter shall be enacted wherein any part of the pro posed corporate boundary is less than three miles distant from the corporate boundary of any existing municipal corporation in this state having a population of 300,000 or less according to the United States decennial census of 1990 or any future such census; pro^ vided, however, that, if the residents of a certain geographical area within three miles of an existing municipal corporation have been denied annexation to the municipal corpora tion by the people of the municipal corporation, the residents of such geographical area

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JOURNAL OF THE SENATE

shall be entitled to incorporate a new municipal corporation at any time within 12 months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the population of the area proposed to be incorporated must ex ceed the population of the existing municipal corporation, and a certificate from the gov erning authority of the existing municipal corporation or from the judge of the superior court of the county, evidencing the denial of annexation and the population figures, must accompany the certificate of incorporation required by this chapter. In measuring the distance between proposed and existing municipal corporate boundaries, if water bot> toms or marshlands lie within the corporate limits of the existing municipal corporation, the distance between the existing and proposed corporate boundaries shall be measurefl from the nearest dry land within such corporate boundaries."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st offered the following amendment:
Amend the committee substitute to SB 634 by deleting lines 9 through 11 on page 1 and substituting--
"corporation, saltwater islands will not be included in the measure; to repeal conflicting laws; and for other purposes."
and deleting lines 11 through 15 on page 2 and substituting--
"boundaries, saltwater islands shall be exempt from the requirements of this section."
On the adoption of the amendment, the yeas were 36, nays 0, and the Johnson amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Clay Crotts
Day

Edge Egan Farrow Glanton Gochenour Guhl Johnson of 1st

Lamutt Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Cheeks Dean Gillis Henson Hill

James Kemp Langford Madden Marable Middleton Oliver Perdue

Pollard Ragan Ray Slotin Starr Taylor Thompson Turner

Those not voting were Senators:

Brown of 26th Griffin Harbison

Hooks Johnson of 2nd Scott

Stokes Thomas Walker

WEDNESDAY, FEBRUARY 28, 1996

909

On the passage of the bill, the yeas were 22, nays 25.
The bill, having failed to receive the requisite constitutional majority, lost.
Senator Boshears of the 6th gave notice that at the proper time, he would move that the Senate reconsider its action on SB 634.

SB 409. By Senators Johnson of the 2nd, Abernathy of the 38th, Brown of the 26th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors.
The Senate Health and Human Services Committee offered the following substitute to SB 409:
A BILL To be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of prac tice of chiropractors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking subsection (a) of Code Section 43-9-1, relating to scope of practice, and inserting in its place the following:
"(a) Chiropractors who have complied with this chapter shall have the right to practice chiropractic as defined in paragraph (2) of Code Section 43-9-16, to refer for magnetic resonance studies of the musculoskeletal structures, and to adjust patients according to specific chiropractic methods. Chiropractors shall observe public health regulations."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Gillis

Glanton Gochenour Griffin Harbison Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas

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JOURNAL OF THE SENATE

Thompson Turner

Tysinger Walker

Voting in the negative was Senator Farrow.

Those not voting were Senators:

Broun of 46th Clay

Egan Guhl

Henson James

On the passage of the bill, the yeas were 49, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 511. By Senators Turner of the 8th, Ragan of the llth, Perdue of the 18th and others:

A resolution urging public and private schools in this state to develop and imple ment programs to educate children about the dangers of abduction and ways to prevent it.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks
James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Clay

Dean Edge

Egan Walker

On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SB 698. By Senator Starr of the 44th:
A bill to amend Code Section 47-1-12 of the Official Code of Georgia Annotated, relating to investment and reinvestment of local retirement funds, so as to pro vide that local retirement systems shall be allowed to invest up to 60 percent of their retirement assets in equities.

WEDNESDAY, FEBRUARY 28, 1996

911

The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 7, 1996
The Honorable Terrell Starr State Senator State Capitol, Room 420-C Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 698 (LC 21 3851)
Dear Senator Starr:
This bill would authorize local retirement systems to invest up to 60 percent of their retire ment assets in equities. Currently, local systems are authorized to invest no more than 50 percent of their assets in equities.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retire ment Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 20, 1996
The Honorable Don Cheeks, Chairman Senate Retirement Committee Legislative Office Building Room 303-A Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification Senate Bill 698 (Substitute) (LC 21 3943S)
Dear Chairman Cheeks:
This bill would authorize certain local retirement systems to invest up to 55 percent of their assets in equities and would eliminate certain investment restrictions for all local retirement systems. This bill would also require local retirement systems to adopt written guidelines and procedures for the investment of retirement system assets. Furthermore, this bill would require each local retirement system to submit a. financial report to the State Auditor every two years, beginning October 1, 1996. The financial report must in clude a certification stating that the investment practices of the fund have been in compli ance with the provisions in O.C.G.A. 47-1-12. If the fund's investment practices have not been in compliance with these provisions, the report should describe the noncompliance, the reason for the noncompliance, and the corrective action taken. This bill would also require the State Auditor to issue a biennial report on the condition of local retirement systems, beginning January 1, 1997. This report would focus on any local retirement sys tems which are not in actuarially sound condition or are not in compliance with the invest ment provisions outlined in O.C.G.A. 47-1-12.

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This is to certify that this substitute retirement bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
Is/ Claude L. Vickers State Auditor
The Senate Retirement Committee offered the following substitute to SB 698:
A BILL
To be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years; to provide that such report shall contain certain infor mation; to provide that the state auditor shall report certain information every two years; to provide that certain local retirement systems may invest up to 55 percent of retirement system assets in equities; to define a certain term; to provide that local retirement systems shall not be subject to certain restrictions; to provide for certain investment guidelines; to provide that there shall be no limitation on the investment in equities in defined contribu tion retirement plans; to define a certain term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by striking in its en tirety Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:
"47-1-3.
(a) As used in this Code section, the term local retirement system' means any retire ment, pension, or emeritus system covering an employee or employees of a county, mu nicipality, local board of education, or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions.
(b) The board of trustees or other governing authority of each local retirement system is authorized and directed to designate and retain the services of a qualified actuary to provide technical advice and assistance to the board of trustees or governing authority in the management of the retirement system and in the preparation of surveys or reports required under this Code section.
(c) Any political subdivision maintaining a local retirement system for an employee or employees or for classifications of employees is authorized to expend any public funds available to it to pay any portion of the administrative costs of the retirement system, if the funds available to the retirement system are not adequate to pay the administrative costs, notwithstanding any contrary provisions of any laws relative to such local retire ment system.
(d) Once every three two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experi ence of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and

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913

liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other gov erning authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to partici pate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on July 1, 1982 October 1, 1996, and every three two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investiga tion meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a con tract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every three two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursu ant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection.
(e) The board of trustees or other governing authority of each local retirement system shall file a financial report on such local retirement system with the state auditor at the same time each actuarial investigation is filed with the state auditor as provided by sub section (d) of this Code section.
(f) The financial report shall include, for each of the three two fiscal years covered by the report, the following information:
(1) The receipts of the local retirement system, including member contributions, em ployer contributions, any other contributions, investment income, gains from the sale of the system's assets, and any other receipts from whatever source derived; and
(2) The disbursements of the local retirement system, including benefit payments to retirees or beneficiaries, refunds to members, losses from the sale of the system's as sets, and administrative expenses of the system?; and
(3) The certificate of the chairperson of the board of trustees stating that the invest ment practices of the tund have been in compliance with the provisions of subsections (b) and (c) of Code Section 47-1-12 at all times during the reporting period or, if the practices have at any time been out of compliance with such provisions, providing a description of the noncompliance, the reason for the noncompliance, and the corrective action taken.
(g) The financial report shall also include statistics on the membership and beneficiaries of the local retirement system. There shall be attached to the financial report an exhibit showing all amendments to or changes in the local retirement system which have been made since the filing of the previous actuarial investigation under subsection (d) of this Code section.

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(h) The first financial report shall be filed on July 1, 1982 October 1, 1996, and subse quent reports shall be filed every three two years thereafter on dnry October 1.
(i) The financial reports, the actuarial investigations, and all exhibits thereto and modifi cations thereof shall be a matter of public record open to inspection by the public.
(j) The financial reports required by this Code section shall apply to retirement or pen sion programs established pursuant to an insurance contract, as described by subsection (d) of this Code section."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 47-1-4, relating to a report by the state auditor on the condition of local retirement systems, and inserting in lieu thereof the following:
"47-1-4.
Based on the most recent actuarial investigations on file pursuant to subsection (d) of Code Section 47-1-3 and financial reports submitted under subsections (e) through (j) of Code Section 47-1-3, the state auditor, once every three two years beginning on January 1, 982 1997, shall submit a report on the condition of local retirement systems to the Governor and each member of the General Assembly. The report shall deal specifically with any local retirement system which the state auditor has reason to believe is not in actuarially sound condition or has not been in compliance with the provisions of Code Section 47-1-12. A copy of the state auditor's report shall also be sent to the Attorney General and to~the applicable governing authority of the political subdivision and the applicable board of trustees or other governing authority of the local retirement system which the state auditor finds is not in actuarially sound condition or has not been incom pliance with the provisions of subsections (b) and (c) of Code Section 47-1-127'
SECTION 3.
Said article is further amended by striking in its entirety Code Section 47-1-12, relating to investment and reinvestment of local retirement systems, which reads as follows:
"47-1-12.
(a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retire ment system, provided that, except as provided in subsection (b) of this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.",
and inserting in lieu thereof the following: "47-1-12.
(a) As used in this Code section, the term:
(1) 'Local retirement system' means any retirement system established or maintained under Article IX, Section II of the Constitution of Georgia including, without limita tion, any pooling of assets pursuant to a contract between a county governing authority and any association of like political subdivisions.

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915

(2) 'Defined contribution plan' means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account; any income, expenses, gains, and losses; and any forfeiture of accounts of other participants which may be allocated to such participant's account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).
(b) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system shall have full power to invest and rein vest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments.
(c) For purposes of this subsection, retirement system assets shall be valued at the cost of such assets to the retirement system. Except as provided in subsection (f) of this Code section, the board of trustees of a local retirement system except a local retirement sys tem which offers only a defined contribution plan shall not invest more than 50 percent of retirement system assets in equities, except that the board of trustees may invest no more than 55 percent of retirement system assets in equities if the retirement system meets the following criteria:
(1) The retirement system assets are in excess of $50 million;
(2) The retirement system provides a defined benefit plan;
(3) The retirement system investments are managed by one or more independent pro fessional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Manage ment and Research; and
(4) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments.
(d) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities.
(e) Each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets. Such written guidelines shall meet all require ments of general law and shall be adopted by ordinance or resolution of the governing authority of the political subdivision, except that the guidelines and procedures for the investment of assets of a retirement system meeting the criteria described in paragraphs (1) through (4) of subsection (c) of this Code section shall be adopted by the governing body of the retirement system. Such guidelines shall, at a minimum, address the invest ment goals of the retirement system, the authorized investments of system assets, the frequency of evaluation of retirement plan investment returns, and the ratio between fixed income and equity investments of system assets.
(f) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.
(g) The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the

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General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Day Edge Egan Farrow Gillis Glanton Gochenour
Griffin

Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill
Oliver

Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

Cagle Clay

Dean Harbison

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SR 506. By Senator Farrow of the 54th:

A resolution honoring Mr. W. W. "Bill" Fincher, Jr., and designating a portion of State Highway 225 as the "Bill Fincher, Jr., Highway".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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
Hill Hooks James

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Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin

Those not voting were Senators:

Abernathy Guhl
Harbison

Henson Johnson of 2nd
Perdue

Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Ray Walker

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 507. By Senator Farrow of the 54th:

A resolution honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 225 as the "Charles A. Pannell, Sr., Highway".

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow

Gillis Glanton Gochenour Griffin Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill
Oliver Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Egan Guhl

Harbison Henson Perdue

Ray Starr Walker

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 432. By Senators James of the 35th, Bowen of the 13th and Gillis of the 20th:
A resolution creating the Senate Recycling and Economic Development Study Committee.

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The Senate Rules Committee offered the following amendment:
Amend SR 432 by striking on line 29 on page 2 the word "ten" and inserting in lieu thereof the word "five".
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 adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Farrow Gillis

Gochenour Griffin Guhl Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Blitch
Egan

Glanton Harbison
Henson

Tysinger Walker

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SB 3. By Senator Slotin of the 39th:

A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to highways, bridges, and ferries, so as to provide that the definition of "public road" shall include bicycle paths, rapid transit sys tems, and railroads providing passenger service.

Senator Thompson of the 33rd moved that SB 3 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:

Black Bowen Broun of 46th Cagle Cheeks Farrow Gillis

Hooks Kemp Lamutt Langford Perdue Pollard Ragan

Ralston Ray Starr Taylor Thompson Turner

WEDNESDAY, FEBRUARY 28, 1996

919

Those voting in the negative were Senators:

Balfour Blitch Boshears Brown of 26th Burton Clay Crotts Day Dean Edge Egan

Glanton Gochenour Griffin Guhl Harbison James Johnson of 2nd Johnson of 1st Land Madden Marable

Those not voting were Senators:

Abernathy Henson

Hill Walker

McGuire Middleton Newbill Oliver Scott Slotin Stokes Tanksley Thomas Tysinger

On the motion, the yeas were 20, nays 32; the motion lost and SB 3 was not placed on the Table.
The Senate Transportation Committee offered the following substitute to SB 3:
A BILL
To be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of bicycle transportation facilities within the definition of the term "other transportation purposes"; to provide for the inclusion of bicycle transportation facilities within the definition of the term "major transportation facility"; to change certain provisions relating to operation of facilities or systems and financial assistance to systems by the Department of Transportation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and fer ries, is amended by striking paragraph (18) of Code Section 32-1-3, relating to definitions, and inserting in lieu thereof a new paragraph (18) to read as follows:
"(18) 'Other transportation purposes' or 'other public transportation purposes' means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transporta tion facilities, as defined in paragraph (2) of subsection (a) of Code Section 32-9-1, trans portation projects, as defined by subsection (h) of Section 2 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, and transportation enhancement activities, as defined in Section 101 of Title 23 of the United States Code, as amended by Public Law 102-240 as it existed on January 1, 1993, and those bicycle transportation facilities pro vided for in Section 217 of Title 23 of the United States Code as it existed on January 1, 1996. However, in no event and for no purpose shall the term 'other transportation pur poses' or 'other public transportation purposes' be deemed to include coal slurry pipelines."
SECTION 2.
Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 322-3, relating to the development of transportation plans, and inserting in lieu thereof a new paragraph (3) to read as follows:

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"(3) 'Major transportation facility' means:

(A) Any facility primarily designed to transport people or goods rapidly and efficiently,

including but not limited to air transport facilities, railroads, bus services, terminals^

freeways, expressways, arterial highways, belt highways, and port facilities, and bicy

cle transportation facilities; or

"

(B) Any facility or facilities utilized in providing a mass transit system for a standard metropolitan area or urban area."

SECTION 3.

Said chapter is further amended by striking Code Section 32-9-2, relating to operation of facilities or systems and financial assistance to systems by the Department of Transporta tion, and inserting in lieu thereof a new Code Section 32-9-2 to read as follows:
"32-9-2.
(a) As used in this Code section, the term:
(1) 'Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or reconstruction of facilities and equip ment for use in mass transportation and bicycle transportation facilities, including de signing, engineering, locating, surveying, mapping, and acquisition of rights of way.
(2) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department, to transport people, com modities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines.
(b) Subject to general appropriations for such purposes, the department may, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public transit companies, plan, develop, supervise, support, own, lease, maintain, and operate mass transportation facilities or systems and bicycle transportation facilities.
(c)(l) The department may, when funds are available from the United States govern ment for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for the payment of operating expenses to improve or to continue such mass transportation service by oper ation, lease, contract, or otherwise.
(2) The department may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of fa cilities and equipment for use, by operation or lease or otherwise, in mass transporta tion service.
(3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maxi mum of 10 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation system.
(d) The department shall not enter into any contract with any private entity for the pur poses set out in subsections (b) and (c) of this Code section without the prior concurrence of the State Transportation Board.
(e) Funds appropriated to the department pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia may not be utilized for any of the purposes set out in this Code section, except that this subsection shall not prohibit the utilization of such funds of the construction and maintenance of bicycle transportation facilities incident to the construction and maintenance of a public road or bridge.
(f) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.

WEDNESDAY, FEBRUARY 28, 1996

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(g) The department shall not be authorized, without the concurrence of the Metropolitan Atlanta Rapid Transit Authority, to receive federal financial assistance to provide mass transportation services or facilities that will duplicate those mass transportation services or facilities provided or to be provided by the Metropolitan Atlanta Rapid Transit Au thority, within the City of Atlanta and Fulton and DeKalb counties, as a part of its rapid transit system, including the use of buses as well as a rail system, as that system is described in an engineering report, dated September 1971, prepared for the Metropolitan Atlanta Rapid Transit Authority by Parsons-Brinckerhoff-Tudor-Bechtel, general engi neering consultants, and adopted as part of the Rapid Transit Contract and Assistance Agreement, dated September 1, 1971, between the Metropolitan Atlanta Rapid Transit Authority, the City of Atlanta, Fulton County, Georgia, and DeKalb County, Georgia."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

At 12:00 P.M., the President announced that the Senate would stand in recess until 12:55 P.M. today.
The President called the Senate to order at 1:00 P.M.

Senator Ralston of the 51st introduced Former Tennessee Governor and United States Presidential candidate, Lamar Alexander, who addressed the Senate briefly.
Senator Edge of the 28th moved that Senator Ralston of the 51st be excused to due business. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Ralston was excused.
Senator Brown of the 26th moved that Senator Taylor of the 12th be excused due to medical reasons. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Taylor was excused.
The Senate resumed consideration of SB 3.
Senator Tanksley of the 32nd offered the following amendment:
Amend the committee substitute to SB 3 by adding a new paragraph at line 3 page 2 to further amend Code Section 31-1-3 by adding a paragraph (24XS) which shall read:
"passenger trains, operating rights and structures used to provide state-sanctioned rail passenger service."
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Day

Edge Egan Farrow Glanton Gochenour Guhl Harbison Henson James

Land McGuire Newbill Oliver Slotin Stokes Tanksley Thomas Turner

Those voting in the negative were Senators:

Balfour Blitch Cheeks Crotts Dean Gillis Griffin

Hill Johnson of 1st Kemp Lamutt Langford Madden Marable

Perdue Pollard Ragan Ray Starr Thompson Tysinger

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Those not voting were Senators:

Hooks Johnson of 2nd Middleton

Ralston (excused) Scott

Taylor (excused) Walker

On the adoption of the amendment, the yeas were 28 nays 21, and the Tanskley amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 37, nays 1, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill
James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan Ray Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour

Blitch

Lamutt

Those not voting were Senators:

Hooks Middleton

Ralston (excused) Scott

Taylor (excused) Walker

On the passage of the bill, the yeas were 47, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Annotated, relating to definitions of certain terms concerning illegal use of financial trans action cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial transaction card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.
Senate Sponsor: Senator Lamutt of the 21st.

WEDNESDAY, FEBRUARY 28, 1996

923

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Ralston (excused)

Taylor (excused)

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1291. By Representatives Lane of the 146th, Howard of the 118th, Kinnamon of the 4th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage.
Senate Sponsor: Senator Edge of the 28th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1291:
A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage; to strike the requirement of board approval of safety rules; to modify the method of payment of penalties and fines; to provide for additional authority of the board; to require board certification of voluntary rehabilitation suppliers; to modify the procedures for guardianship; to coordinate the payment of benefits under Chapter 8 of Title 34, the "Employment Security Law"; to increase the maximum amount of weekly temporary total disability benefits; to specify the use of guidelines in determining impairment ratings; to strike the requirement for report ing hazardous occupations and occupational diseases; to allow the assessment of attorney's fees against the Subsequent Injury Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' com pensation, is amended by striking paragraphs (4) and (5) of Code Section 34-9-1, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, 'injury' and 'personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition contin ues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. 'Injury' and 'per sonal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall "injury" and 'per sonal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment. Alco holism and disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury" or 'personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.
to/iiistir C3.S6S fl.rism^ uiidw tins cn&ptci'j tiiiy pd CciiLciti or ciifecHjiiiL^y 01 tjouiiy toss
IlSflGCl Dy t/tlG Aill^l iCSH JVlQlC3.i ASSOCifltiijii.
SECTION 2.
Said chapter is further amended by adding at the end of Code Section 34-9-2, relating to the applicability of workers' compensation to employers and employees, a new subsection (e) to read as follows:
"(e) A person or entity shall otherwise qualify as an independent contractor and not an employee if such person or entity meets all of the following criteria:
(1) Is a party to a contract, written or implied, which intends to create an independent contractor relationship;
(2) Has the right to exercise control over the time, manner, and method of the work to be performed; and
(3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly basis.
A person who does not meet all of the above listed criteria shall be considered an em ployee unless otherwise determined by an administrative law judge to be an independent contractor."
SECTION 3.
Said chapter is further amended by striking Code Section 34-9-2.1, relating to exemption of corporate officers, and inserting in its place a new Code Section 34-9-2.1 to read as follows:
"34-9-2.1.
(a) A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written certification

WEDNESDAY, FEBRUARY 28, 1996

925

to the insurer or, if there is no insurer, to the State Board of Workers' Compensation. The right of any corporation or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows:
(1) A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members; and
(2) In order for the written certification of exemption to be in effect, the corporate of ficer must be identified by name as well as by the office held at the time of certification and the member of the limited liability company must be identified by name:; and
(3) Any employer subject to this chapter pursuant to subsection (a) of Code Section 349-2 before the filing of any exemptions shall remain subject to this chapter without regard to the number of exemptions filed. However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed.
(b) A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage.
(c) No certification given pursuant to subsection (a) or (b) of this Code section shall be come effective until 00 days after it is filed with the proper entity."
SECTION 4.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-17, relat ing to grounds for denial of compensation, and inserting in its place a new subsection (a) to read as follows:
"(a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her at tempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute, 01 the willful breach uf any rule 01 legulatkm ctuOptscl t)y til6 ^111ploycin <iiiufippi'GVtiti uy tris DO3.ru, 01 wiiicri i'u.16 or 16^ ui3.11011 Uici
^UlplOy66 llflS KilOWJ.GQ^c ^pFiGr 10 tllS HCCtuGHl.
SECTION 5.
Said chapter is further amended by striking subsection (f) of Code Section 34-9-18, relating to civil penalties, and inserting in its place a new subsection (f) to read as follows:
"(f) All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation and made payable to the Btate-of Cieoigia. All such penalties shall be deposited in the general fund of the state treasury."
SECTION 6.
Said chapter is further amended by striking Code Section 34-9-19, relating to civil penal ties, and inserting in its place a new Code Section 34-9-19 to read as follows:
"34-9-19.
Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be pun ished by a fine of not less than $1,000.00 or more than $10,000.00 or by imprisonment not to exceed mie yeai 12 months, or by both such fine and imprisonment. Additionally, any person, firm, or corporation who violates this Code section may also be assessed the cost of investigation or prosecution, or both, in accordance with Chapter 11 of Title 17, relating to the assessment and payment of costs of criminal proceedings. All penalties and costs assessed under this Code section shall be tendered and made payable to the

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State Board of Workers' Compensation. All such penalties shall be deposited in the

general fund of the state treasury?

"

SECTION 7.

Said chapter is further amended by striking Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, and inserting in lieu thereof the following:
"34-9-40.
There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be ap pointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating vari ous employers as to their liability regarding workers' compensation claims. Such semi nars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through semi nars, as determined by the state auditor, shall lapse to the Office of Treasury and Fiscal Services?'

SECTION 8.

Said chapter is further amended by adding at the end of Code Section 34-9-200.1, relating to vocational rehabilitation, a new subsection (h) to read as follows:
"(h) In the event of an injury that is not catastrophic, the parties may elect that the employer will provide a rehabilitation supplier on a voluntary basis for so long as the parties agree. The rehabilitation supplier utilized by the parties must hold one of the certifications or licenses specified in subsection (f) of this Code section and be registered with the State Board of Workers' Compensation or have the expertise which, in the judg ment of the board, is necessary to provide rehabilitation services in the case."

SECTION 9.

Said chapter is further amended by striking Code Section 34-9-226, relating to the appoint ment of guardians, which reads as follows:
"34-9-226.
The board is authorized to appoint a qualified guardian for any minor or legally incompe tent claimant who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such minor or legally incompetent person, but the authority of any guardian so appointed by the board shall be limited to the adminis tration of such workers' compensation benefits and the settlement of workers' compensa tion claims."
and inserting in lieu thereof the following:
"34-9-226.
After July 1, 1996, the only person capable of representing a minor or legally incompe tent claimant entitled to workers' compensation benefits shall be a guardian duly ap pointed and qualified by the probate court of the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change in status."

WEDNESDAY, FEBRUARY 28, 1996

927

SECTION 10.
Said chapter is further amended by striking subsections (a) and (f) of Code Section 34-9243, relating to the effect of payments made when not due, and inserting in lieu thereof new subsections (a) and (f) to read as follows:
"(a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the 'Employment Security Law,' during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter."
"(f) Subsection Subsections (a) and (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial disability."
SECTION 11.
Said chapter is further amended by striking Code Section 34-9-261, relating to compensa tion for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261.
While the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $270.00 $300.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as pro vided in paragraph (1) of subsection (a) of Code Section 34-9-104."
SECTION 12.
Said chapter is further amended by striking subsections (d), (e), (f), and (g) of Code Section 34-9-263, relating to compensation for permanent partial disability, which read as follows:
"(d) Phalanges. Loss of distal phalange shall be considered to be equal to the loss of onehalf of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit.
(e) Amputated arm or leg. Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg but, if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed.
(f) Disability to the body as a whole. For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, 'disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks.
(g) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.",
and inserting in lieu thereof the following:
"(d) Impairment ratings. In all cases arising under this chapter, any percentage of disa bility or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fourth edition, published by the American Medical Association.

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(e) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261."
SECTION 13.
Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relat ing to compensation for death resulting from causes other than injury, and inserting in its place a new subsection (f) to read as follows:
"(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay into the geaeial fund uf the state treasury to the State Board of Workers' Compensation one-half of the bene fits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury."
SECTION 14.
Said chapter is further amended by striking Code Section 34-9-290, relating to the report ing of hazardous occupations and case of occupational disease, and inserting in its place the following:
"34-9-290.
Reserved."
SECTION 15.
Said chapter is further amended by striking Code Section 34-9-367, relating to interest and attorney's fees payable to the Subsequent Injury Trust Fund, and inserting in lieu thereof a new Code Section 34-9-367 to read as follows:
"34-9-367.
The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claim ing parties nor shall it be liable for attorneys' attorney's fees due attorneys of the claim ing parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim tor reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as pro vided under subsection (b) of Code Section 34-9-108."
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.
Senator Edge of the 28th offered the following amendment:
Amend the Senate Insurance and Labor Committee substitute to HB 1291 by striking line 36 of page 5 and inserting in lieu thereof the following:
"Assembly. Excess funds generated through seminars may be amended into the board's operating budget as approved by the Office of Planning and Budget. Excess funds gener ated through seminars not amended into the board's operating budget, as".
On the adoption of the amendment, the yeas were 33, nays 0, and the Edge amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

WEDNESDAY, FEBRUARY 28, 1996

929

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ray Scott Slotin Starr Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Crotts Egan

Harbison Ralston (excused)

Taylor (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to provide that special education funding weight shall apply to special education students placed in general edu cation programs.
Senate Sponsor: Senator Oliver of the 42nd.

The following Fiscal Notes as required by law were read by the Secretary:

DEPARTMENT OF AUDITS 254 Washington Street, S.W. Suite 214
Atlanta, Georgia 30334-8400 February 24, 1995

The Honorable John Godbee, Chairman House Education Committee State Capitol Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 500 (LC 19 2505S)

Dear Chairman Godbee:
This bill would provide that a special education student who is enrolled in a program for students with disabilities be counted for the program even during any one-sixth segment of the school day that the student may be assigned to an instructional program other than the

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program for students with disabilities if the assignment is based upon the agreed upon delivery of special education and related services as identified in the student's Individual ized Education Program.
The fiscal impact to this bill is estimated at $1.7 million. This cost estimate was based upon the number of segments reported by local school systems on the October 1994 FTE count.
Sincerely,
Isi Claude L. Vickers State Auditor
/s/ Henry M. Huckaby, Director Office of Planning and Budget
DEPARTMENT OF AUDITS 254 Washington Street, S.W. Suite 214
Atlanta, Georgia 30334-8400 February 21, 1996
The Honorable Richard O. Marable, Chariman Senate Education Committee State Capitol, Room 420-D Atlanta, Georgia 30344
SUBJECT: Fiscal Note House Bill 500 (LC 19 3007S)
Dear Chairman Marable:
This bill would provide for an additional special education category for purposes of funding elementary and secondary education. Special education students who are being mainstreamed into the classrooms would be funded based on this new category.
The fiscal impact of this bill is dependent on whether additional students are mainstreamed into regular classrooms as a result of this legislation. If the number of students being mainstreamed remains unchanged, the additional cost to the state would be approxi mately $730,000 per year. However, if students currently placed in special education classes are subsequently mainstreamed, the cost to the state would decrease. This decrease would occur because the funding level for the new category is lower than the funding level for existing special education categories. The number of additional students that could po tentially be mainstreamed is unknown. However, if approximately 400 additional special education students were placed into regular classrooms the fiscal impact of this bill would be neutral.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget
Senators Oliver of the 42nd and Marable of the 52nd offered the following substitute to HB 500:
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 and secondary education, so as to provide for an additional special education category; to provide for the program weight for such additional program; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 28, 1996

931

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (d) of Code Section 20-2-152, relat ing to special education services, and inserting in its place a new subsection (d) to read as follows:
"(d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state:
(1) Category I: self-contained specific learning disabled and self-contained speech-lan guage disordered;
(2) Category II: mildly mentally disabled;
(3) Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disorder, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired;
(4) Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired; and
(5) Category V: those special education students classified as being in Categories I through IV, as defined in this subsection whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and (6M6) Category V VI: intellectually gifted."
SECTION 2.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-161, relat ing to the Quality Basic Education Formula, and inserting in its place the following:
"(b) As the cost of instructional programs varies depending upon the teacher-student ra tios and specific services typically required to address the special needs of students en rolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program .............................................. 1.3286
(2) Primary grades program (1-3) ....................................... 1.2432
(3) Upper elementary grades program (4-5) .............................. 1.0197
(4) Middle grades program (6-8) ........................................ 1.0242
(5) High school general education program (9-12) ......................... 1.0000
(6) High school nonvocational laboratory program (9-12)................... 1.2428
(7) Vocational laboratory program (9-12)................................. 1.3557
(8) Program for the handicapped: Category I ............................. 2.3419
(9) Program for the handicapped: Category II ............................ 2.7204
(10) Program for the handicapped: Category III........................... 3.4579
(11) Program for the handicapped: Category IV ........................... 5.5838
(12) Program for persons with disabilities: Category V .................... 2.4114
tt2X13) Program for intellectually gifted students: Category VI .......... 1.6374
f9Xl4) Remedial education program .................................... 1.2985"

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SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 46, nays 0; and the substitute was adopted.
Pursuant to Senate Rule 143, action on HB 500 was suspended, and the bill was placed on the General Calendar.

HB 1355. By Representatives Holmes of the 53rd, Stanley of the 50th, Sinkfield of the 57th and others:

A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authorities and their property from taxes and special assessments; to change provisions relating to the renting of housing units.
Senate Sponsor: Senator Egan of the 40th.

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1355 by inserting "only" immediately preceding "that" on line 13 of page 3.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston
Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Not voting was Senator Walker.

On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, FEBRUARY 28, 1996

933

HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of 71st.
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Health and Human Services Committee offered the following substitute to HB 844:
A BILL
To be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic dis orders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources: to provide for reporting requirements and contents of the registry; to provide for utilization of the registry by the department; to provide for maintenance of records; to provide for limited disclosure of registry information; to limit application of certain prohibitions; to provide civil immunity for certain persons reporting or receiving registry information to or from the department; to provide for fund ing of the registry program; to provide for rules and regulations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of haz ardous conditions, preventable diseases, and metabolic disorders, is amended by adding after Code Section 31-12-3 a new Code Section 31-12-3.1 to read as follows:
"31-12-3.1.
(a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient childhood disease prevention and control ef forts, shall establish and maintain a childhood vaccination registry.
(b) Any person who administers a vaccine or vaccines licensed for use in children by the United States Food and Drug Administration to a child under the age of 18 shall for each such vaccination provide to the department such data as are deemed by the department to be necessary and appropriate for purposes of the vaccination registry established pur suant to subsection (a) of this Code section, including, without limitation:
(1) The name of the child;
(2) The child's date and place of birth, including the name of the hospital where deliv ered, if applicable;
(3) The names and addresses of the child's parents or guardians;
(4) The date of the vaccination and the specific type or types of vaccine or vaccines administered to the child on that date; and
(5) Complications or side effects resulting from a vaccination, if any.
Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Pre vention, the Georgia chapter of the American Academy of Pediatrics, and the Georgia Academy of Family Physicians.

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(c) The department shall utilize the registry to provide notices, whether by mail, tele phone, personal contact, or other means, to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recom mended vaccination schedules. The department shall consult with medical services prov iders to determine the most effective and efficient manner of using the registry to provide such notices.
(d) Vaccination records for any child included within the vaccination registry shall be maintained as part of the registry until the child reaches the age of 18.
(e) Individually identifiable vaccination information regarding a child may be provided to the department by, or released by the department to, a local health department, hospital, physician, or other provider of medical services to the child or to a school or child care facility in which the child is enrolled without the consent of the child's parents or guardi ans. All children shall be enrolled unless a specific exemption is requested by the child's parents or guardians. A parent or guardian may obtain and upon request to the depart ment shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of a child's parent or guardian.
(f) Nothing in this Code section shall:
(1) Prohibit the department from providing or publishing registry information in ag gregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names contained in the registry;
(2) Prohibit the department or any medical services provider from notifying a parent, guardian, or child of the child's vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or
(3) Diminish a parent's or guardian's responsibility for having a child vaccinated properly.
(g) Any person, including but not limited to practitioners of the healing arts, submitting or obtaining in good faith vaccination reports or data to or from the department in com pliance with the provisions of this Code section and any rules or regulations promulgated pursuant to this Code section shall not be liable for any civil damages therefor.
(h) The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions of this Code section.
(i) The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section."
SECTION 2.
This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators McGuire of the 30th and Walker of the 22nd offered the following amendment:
Amend the committee substitute to HB 844 as follows:
page 3, line 2: change "parents" to "parent" change "guardians" to "guardian"
On the adoption of the amendment, the yeas were 39, nays 0, and the McGuire and Walker amendment to the committee substitute, was adopted.

WEDNESDAY, FEBRUARY 28, 1996

935

On the adoption of the substitute, the yeas were 33, nays 1, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Voting in the negative was Senator Glanton.
On the passage of the bill, the yeas were 55, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1265. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997.
The following bill was read the first time and referred to committee:

HB 1265. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997.
Referred to Appropriations Committee. Senator Perdue of the 18th moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 2:45 P.M., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, February 29, 1996 Thirty-first Legislative Day

The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
Senator Boshears of the 6th moved that the Senate reconsider its action in defeating the following bill of the Senate:

SB 612. By Senators Boshears of the 6th and Johnson of the 1st:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for procedures for the exercise of zoning pow er by coastal counties involving certain property located on salt-water islands; to
provide for legislative findings and intent; to provide for definitions.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Day

Edge Egan Farrow Glanton Gochenour Griffin Guhl Harbison Johnson of 1st Lamutt

Land McGuire Newbill Oliver Ralston Scott Stokes Tanksley Turner Tysinger

Those voting in the negative were Senators:

Bowen
Broun of 46th Dean Gillis Henson Hill
Hooks

Johnson of 2nd
Kemp Langford Madden Marable Middleton

Perdue
Ragan Ray Starr Taylor Thomas

Those not voting were Senators:

Abernathy James

Pollard Slotin

Thompson Walker

On the motion, the yeas were 31, nays 19; the motion prevailed, and the Senate recon sidered its action in defeating SB 612. The bill was placed on the General Calendar.
Senator Boshears of the 6th moved that the Senate reconsider its action in defeating the following bill of the Senate:

SB 634. By Senator Boshears of the 6th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that in determining whether an area seeking incorporation is within three miles of the corporate limits of an existing municipal corporation, water bottoms and marsh lands will not be included in the measure.

THURSDAY, FEBRUARY 29, 1996

937

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Burton Cagle Clay Crotts Day

Edge Egan Farrow Glanton Gochenour Guhl Harbison Johnson of 1st Lamutt

Land McGuire Newbill Oliver Ralston Scott Stokes Tanksley Tysinger

Those voting in the negative were Senators:

Bowen
Broun of 46th
Brown of 26th Cheeks Dean Gillis Griffin
Henson

Hill
Hooks
Johnson of 2nd Kemp Langford Madden Marable
Middleton

Perdue
Ragan
Ray Starr Taylor Thomas Turner
Walker

Those not voting were Senators:

Abernathy James

Pollard Slotin

Thompson

On the motion, the yeas were 27, nays 24; the motion prevailed, and the Senate recon sidered its action in defeating SB 634. The bill was placed on the General Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1790. By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regulations should be established and an animal control department created.

HB 1793. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, so as to provide that the office of judge of the State Court of Baldwin County shall be a part-time position.

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JOURNAL OF THE SENATE

HB 1078. By Representative Watts of the 26th, Barnes of the 33rd, Bates of the 179th and others:
A bill to amend Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by members of business development corporations, so as to clarify the intention of the General Assembly; to provide that loans to business development corporations by members may bear interest at a rate of interest to be negotiated between said business development corporations and their mem bers.
HB 1166. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain capital outlay projects consisting of public safety facilities and related equipment or airport facilities and related equipment, or both.
HB 1530. By Representatives Jamieson of the 22nd, Watts of the 26th, Lee of the 94th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles.
HB 1155. By Representatives Kinnamon of the 4th, Childers of the 13th, Perry of the llth and others:
A bill to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to peddling, business operation, or professional practice by disabled vet erans and blind persons, and Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons.
HB 407. By Representative Twiggs of the 8th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the North Georgia Mountains Authority shall be come members of such retirement system.
HB 1560. By Representatives Poston of the 3rd, Barnes of the 33rd, Holland of the 157th and others:
A bill to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to provide that a person may be convicted of the offense of conspiracy to commit a crime, as de nned in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy.

THURSDAY, FEBRUARY 29, 1996

939

The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1074. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st and others:
A resolution relating to the importance of the Senior Reserve Officers' Training Corps program at North Georgia College.
HR 1001. By Representatives Bates of the 179th, Ponder of the 160th and Royal of the 164th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County.
HR 1137. By Representatives White of the 161st, Roberts of the 162nd and Chambless of the 163rd:
A resolution designating Mattie's Bistro and Bakery's pecan pie as the official state pie of Georgia.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 689. By Senator Dean of the 31st:
A bill to amend an Act creating the Polk County Water Authority, as amended, so as to rename the authority and provide that the renamed authority is the Polk County Water Authority's successor in all respects.
The following bills were introduced, read the first time and referred to committees:
SB 770. By Senators Abernathy of the 38th, Scott of the 36th and James of the 35th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census so as to change the provi sions relating to the United States decennial census used for the population classifications of such counties.
Referred to Committee on State and Local Governmental Operations (General).
SB 771. By Senator Henson of the 55th:
A bill to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to application of minors for motor vehicle instruction permits or drivers' licenses, so as to provide for liability for certain adults for charges or fines occa sioned by minor drivers' negligence, willful misconduct, or violations of motor vehicle laws when driving a motor vehicle.
Referred to Committee on Judiciary.
SR 615. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and Bowen of the 13th:
A resolution creating the Senate Study Committee on Front License Plates.
Referred to Committee on Rules.

940

JOURNAL OF THE SENATE

SR 617. By Senators James of the 35th, Johnson of the 2nd, Scott of the 36th and others:
A resolution commending Freedom Fest, Inc., and welcoming the 1996 Freedom Fest weekend participants to the City of Atlanta.
Referred to Committee on Rules.
SR 618. By Senators Hooks of the 14th, Middleton of the 50th and Oliver of the 42nd:
A resolution authorizing a study of Georgia's historic county courthouses that identifies rehabilitation needs and establishes state-wide priority funding rec ommendations.
Referred to Committee on Rules.
SR 620. By Senators Egan of the 40th and Gillis of the 20th:
A resolution creating the Senate Study Committee on Metropolitan Atlanta Water and Sewer Services.
Referred to Committee on Rules.
SR 621. By Senator Tysinger of the 41st:
A resolution creating the Joint Digital Signatures Study Committee.
Referred to Committee on Rules. The following bills were read the first time and referred to committees:
HB 407. By Representative Twiggs of the 8th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the North Georgia Mountains Authority shall be come members of such retirement system.
Referred to Retirement Committee.
HB 1078. By Representatives Watts of the 26th, Barnes of the 33rd, Bates of the 179th and others:
A bill to amend Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by members of business development corporations, so as to clarify the intention of the General Assembly; to provide that loans to business development corporations by members may bear interest at a rate of interest to be negotiated between said business development corporations and their mem bers.
Referred to Banking and Financial Institutions Committee.
HB 1155. By Representatives Kinnamon of the 4th, Childers of the 13th, Perry of the llth and others:
A bill to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to peddling, business operation, or professional practice by disabled vet erans and blind persons, and Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons.
Referred to Defense and Veterans Affairs Committee.

THURSDAY, FEBRUARY 29, 1996

941

HB 1166. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain capital outlay projects consisting of public safety facilities and related equipment or airport facilities and related equipment, or both.
Referred to Finance and Public Utilities Committee.
HB 1530. By Representatives Jamieson of the 22nd, Watts of the 26th, Lee of the 94th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that motor vehicles shall be divided into two distinct and separate subclasses of tangible property for purposes of ad valorem taxation with one subclass including heavy-duty equipment motor vehicles.
Referred to Finance and Public Utilities Committee.
HB 1560. By Representatives Poston of the 3rd, Barnes of the 33rd, Holland of the 157th and others:
A bill to amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to provide that a person may be convicted of the offense of conspiracy to commit a crime, as de fined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy.
Referred to Judiciary Committee.
HR 1001. By Representatives Bates of the 179th, Ponder of the 160th and Royal of the 164th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County.
Referred to Finance and Public Utilities Committee.
HR 1074. By Representatives Purcell of the 9th, Murphy of the 18th, Walker of the 141st and others:
A resolution relating to the importance of the Senior Reserve Officer's Training Corps program at North Georgia College.
Referred to Defense and Veterans Affairs Committee.
HB 1790. By Representative Purcell of the 9th:
A bill to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regulations should be established and an animal control department created.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1793. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to amend an Act creating county courts (now state courts) in certain desig nated counties of this state, so as to provide that the office of judge of the Statfe Court of Baldwin County shall be a part-time position.
Referred to State and Local Governmental Operations Committee.
HR 1137. By Representatives White of the 161st, Roberts of the 162nd and Chambless of the 163rd:
A resolution designating Mattie's Bistro and Bakery's pecan pie as the official state pie of Georgia.
Referred to Economic Development, Tourism and Cultural Affairs Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Economic Development, Tourism and Cultural Affairs has had
under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1327. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman

Mr. President:
The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 392. Do pass by substitute.

SB 528. Do pass by substitute.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President: The Committee on Education has had under consideration the following bill of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 709. Do pass.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:
The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 710. Do pass.

SB 722. Do pass.

SB 717. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

THURSDAY, FEBRUARY 29, 1996

943

Mr. President:
The Committee on Health and Human Services has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 742. Do pass. SB 743. Do pass.

HB 1283. Do pass. HB 726. Do pass as amended.

SR 288. Do pass.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President:
The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SB 755. Do pass.

SB 756. Do pass.

SB 766. Do pass.

SB 757. Do pass.

SB 679. Do pass.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President:

The Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the
following recommendations:

SB 386. Do pass by substitute.

HB 1370. Do pass.

SB 664. Do pass as amended.

HB 1569. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1290. Do pass.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:
The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 256. Do pass by substitute.

HB 1331. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

944

JOURNAL OF THE SENATE

Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations:

SR 446. Do pass. SR 590. Do pass. SR 515. Do pass by substitute.

SR 557. Do pass as amended. SR 556. Do pass as amended. SR 567. Do pass as amended.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 748. Do pass.

HB 1726. Do pass.

HB 1565. Do pass.

HB 1727. Do pass.

HB 1620. Do pass as amended.

HB 1729. Do pass.

HB 1659. Do pass.

HB 1741. Do pass.

HB 1706. Do pass.

HR 1020. Do pass.

HB 1724. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on Transportation has had under consideration the following bill of
the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SB 769. Do pass.
Respectfully submitted, Senator Thompson of the 33rd District, Chairman

The following bills were read the second time:

SB 533 SB 751 HB 514 HB 1613

SB 539 SB 754 HB 907 HR 792

SB 677 SR 478 HB 1218

SB 711 SR 531 HB 1284

SB 749 SR 580 HB 1318

SB 750 SR 596 HB 1580

The President called for the morning roll call, and the following Senators answered to their names:

Balfour Black Blitch
Boshears Bowen
Broun of 46th Brown of 26th Burton

Cagle Cheeks Crotts
Day Dean
Edge Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison
Henson Hill Hooks

THURSDAY, FEBRUARY 29, 1996

945

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray

Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not answering were Senators:

Abernathy

Egan

Clay

Scott

Thompson

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, Dr. Cornelius Henderson of Gammon Theological Seminary, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 619. By Senators Starr of the 44th and Ray of the 19th: A resolution commending the PEACH Program.

SR 622. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd: A resolution commending and congratulating Ms. Margaret Joy Gillentine.

SR 623. By Senator Ralston of the 51st:
A resolution expressing best wishes for a speedy recovery to J. Beverly Langford.

SR 624. By Senator Thomas of the 10th:
A resolution recognizing the Atlanta Church of Christ Women's Day.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Thursday February 29, 1996 THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 748 Ralston, 51st FANNIN COUNTY
An Act to amend an Act entitled "An Act to provide for a board of registrations and elections for Fannin County," so as to change the terms of the members; and for other purposes.

946

JOURNAL OF THE SENATE

HB 1565 Guhl, 45th WALTON COUNTY
An Act to amend an Act entitled "An Act creating a Board of Commissioners of Walton County," so as to increase the dollar value of contracts into which the chairperson may enter without approval.

*HB 1620 Henson, 55th Thomas, 10th Stokes, 43rd Burton, 5th Tysinger, 41st Oliver, 42nd DEKALB COUNTY
An Act to create the DeKalb County Civic Center Authority. (AMENDMENT)

HB 1659 Thomas, 10th Starr, 44th Glanton, 34th CLAYTON COUNTY
An Act to amend an Act establishing the "Clayton County Commission on Chil dren and Youth," so as to change the date of the commission's abolition.

HB 1706 Black, 53rd WALKER COUNTY
An Act to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the solicitor of said court and the compensation of said solicitor.

HB 1724 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
An Act to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such de partment by the Richmond County Board of Health, so as to change the compo sition of said board of health.

HB 1726 Bowen, 13th CRISP COUNTY
An Act to amend an Act creating a board of commissioners for Crisp County, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners.

THURSDAY, FEBRUARY 29, 1996

947

HB 1727 Clay, 37th Ralston, 51st Newbill, 56th Day, 48th Cagle, 49th CHEROKEE COUNTY FORSYTH COUNTY
An Act to repeal an Act creating the State Court of Cherokee and Forsyth Coun ties.

HB 1729 Clay, 37th Ralston, 51st Newbill, 56th CHEROKEE COUNTY
An Act to create the State Court of Cherokee County.

HB 1741 Hooks, 14th Perdue, 18th CITY OF PERRY
An Act to amend an Act creating the Perry Area Convention and Visitors Bu reau Authority, so as to provide for an additional ex officio member of the au thority.

HR 1020 Ralston, 51st PICKENS COUNTY

A resolution creating the Pickens County Property Tax Structure Study Com mittee.

The amendment to the following bill was put upon its adoption:

*HB 1620:

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1620 by striking the word "Eight" on line 10 on page 5 and inserting in lieu thereof the word "Nine".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Gochenour Guhl Henson

Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

948

JOURNAL OF THE SENATE

Marable McGuire
Newbill Oliver Perdue Pollard

Ragan Ralston Ray Starr Stokes

Tanksley Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black
Blitch Brown of 26th Glanton

Griffin Harbison James Middleton

Scott Slotin Thomas Walker

On the passage of the local bills, the yeas were 43, nays 0.
All the bills on the Local Consent Calendar, except HB 1620, having received the requi site constitutional majority, were passed.
HB 1620, having received the requisite constitutional majority, was passed as amended.

NOTICE OF MOTION TO RECONSIDER:

SB 612 Salt-water Island Property--zoning power by coastal counties (Amendment) (SLGO-G--6th)
SB 634 Municipal Incorporation--determining distance to existing municipal corpora tion (Substitute) (Amendment) (S Judy--6th)
SENATE RULES CALENDAR Thursday, February 29, 1996 THIRTY-FIRST LEGISLATIVE DAY

HB 1231 Zoning procedures; applicability to annexed property (Amendment) (SLGO-G-- 51st) Stancil--16th
HB 367 Unemployment compensation; entitlement; early retirement (Amendment) (I&L--41st) Childers--13th
HB 500 Special education; students in general program; funding (Substitute) (Ed-42nd) Sherrill--62nd
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 28, 1996.)

SB 697 Railroad Stop Sign--felony when fatality after person removing (Trans--13th)
SB 654 Children's Trust Fund Commission--funds for family resource programs (Sub stitute) (Judy--42nd)
HB 1506 Electric assisted bicycles on bicycle paths; provisions (Trans-33rd) Lee--94th
HB 1162 Game and Fish; amend provisions (Nat R--20th) Carter--166th
HB 1400 Telemarketing/internet activities; criminal theft; penalties (F&PU--18th) Watson--139th

THURSDAY, FEBRUARY 29, 1996

949

HB 1296 Jails; refusal to accept medically unfit person (Substitute) (Corr--31st) Jenkins--110th
HB 506 Superior Court Judges Retirement; amend provisions (Ret--54th) Barnes --33rd
HB 756 Ad valorem tax; exempt certain vans and buses (F&PU--52nd) Childers--13th
HB 1229 Sales tax; vending machines; exempt foods sales (Substitute) (F&PU--27th) Royal--164th
HB 1211 Children and youth; pre-kindergarten; toilet facilities (YA&HE--3rd) Ray --128th
HB 1241 Sales Tax Exemption; nonprofit licensed in-patient hospice (F&PU--40th) Mobley--86th
HB 580 Magistrate court; judgments exceeding $3500; discovery procedures (S Judy --32nd) Wiles--34th
HB 356 Counties; employment benefits; exclude certain elected officials (Substitute) (SLGO-G--46th) Scoggins--24th
HB 1501 Business; job tax credit; certain existing facilities (F&PU--12th) Baker--70th
HB 1152 Law enforcement officer; indemnification; motor carriers; certain regulations (Pub Saf--18th) Watson--139th Respectfully submitted, Isl Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 1231. By Representatives Stancil of the 16th, Pinholster of the 15th, Mobley of the 86th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the types of zoning decisions to which such procedures are applicable; to provide for applicability of such proce dures of annexed property. Senate Sponsor: Senator Ralston of the 51st.
Senator Clay of the 37th moved that HB 1231 be committed to the State and Local Governmental Operations Committee.
On the motion, the yeas were 34, nays 0; the motion prevailed, and HB 1231 was com mitted to the State and Local Governmental Operations Committee.
HB 367. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to the grounds for disqualification of unemployment compensation ben efits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early re tirement shall not affect entitlement to unemployment compensation. Senate Sponsor: Senator Tysinger of the 41st.
Senator Pollard of the 24th moved that HB 367 be committed to the Insurance and Labor Committee.

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JOURNAL OF THE SENATE

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 367 was com mitted to the Insurance and Labor Committee.
Senator Pollard of the 24th moved that Senator Blitch of the 7th be excused due to legislative business. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Blitch was excused.
The following general bill of the House, having been read the third time and final ac tion suspended on February 28, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th and others:

A bill to amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to provide that special education funding weight shall apply to special education students placed in general edu cation programs.
Senate Sponsor: Senator Oliver of the 42nd.

The substitute offered by Senators Oliver of the 42nd and Marable of the 52nd on February 28, as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen
Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl
Harbison Henson Hill
Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue
Pollard Ragan Ralston
Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch (excused)

James Slotin

Walker

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Taylor of the 12th introduced the doctor of the day, Dr. Van Knowles of Al bany, Georgia.

THURSDAY, FEBRUARY 29, 1996

951

SB 697. By Senators Bowen of the 13th and Ray of the 19th:

A bill to amend Code Section 40-6-26 of the Official Code of Georgia Annotated, relating to interference with official traffic-control devices or railroad signs or signals, so as to provide that any person who without malice aforethought causes the death of another person through the violation of such Code section by removing a stop sign shall be guilty of a felony; to provide penalties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch (excused) Glanton

Langford Slotin

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 654. By Senator Oliver of the 42nd:
A bill to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to add a definition; to allow the State Children's Trust Fund Commission to accept applications for and ap prove disbursement of funds for family resource programs and facilities connect ed with family resource programs.
The Senate Judiciary Committee offered the following substitute to SB 654:
A BILL
To be entitled an Act to amend Chapter 14 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse and neglect prevention, so as to add a definition; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, is amended by inserting in Code Section 19-14-2, relating to definitions, a new paragraph to be designated paragraph (3.1) to read as follows:
"(3.1) 'Family resource program' means a program that offers community based services that provide sustained assistance and support to families at various stages in their development."

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Blitch (excused) Glanton

Langford Scott

Slotin Tysinger

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1506. By Representative Lee of the 94th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the opera tion of electric assisted bicycles on bicycle paths.
Senate Sponsor: Senator Thompson of the 33rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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953

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow
Gillis Gochenour

Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire
Middleton

Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger
Walker

Voting in the negative was Senator Henson.

Those not voting were Senators:

Abernathy Blitch (excused)

Broun of 46th Glanton

Newbill Slotin

On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1162. By Representative Carter of the 166th:

A bill to amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the Department of Natural Resources may regulate fishing on fish hatcheries; to provide that the Board of Natural Resources may establish creel and possession limits and size restrictions on taking certain species of fish.
Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Edge

Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan

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Ralston Ray Scott

Stokes Thomas Thompson

Turner Tysinger Walker

Voting in the negative was Senator Cagle.

Those not voting were Senators:

Abernathy Blitch (excused) Farrow

Slotin Starr

Tanksley Taylor

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1400. By Representative Watson of the 139th:

A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to make the definition "telemarketing" consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities.
Senate Sponsor: Senator Perdue of the 18th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Bowen Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Stokes Tanksley Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch (excused) Broun of 46th

Hill Scott Slotin

Starr Taylor

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

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955

HB 1296. By Representatives Jenkins of the 110th and Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
Senate Sponsor: Senator Gochenour of the 27th.
The Senate Corrections, Correctional Institutions and Property Committee offered the following substitute to HB 1296:
A BILL
To be entitled an Act to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indicta ble offense; to provide that such officers shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions; to provide for the disposition of such persons in cases where acceptance has been refused; to provide for the disposition of such persons after a medical release; to provide for the dispo sition of such persons in cases where no health care facility is located in the county; to provide for payment of costs related to medical release; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by striking in its entirety Code Section 42-4-12, relating to penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense, and inserting in lieu thereof a new Code Section 42-4-12 to read as follows:
"42-4-12.
Except as otherwise provided in this Code section, any Any sheriff, coroner, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense who refuses to receive and take charge of such a person shall, be purmlied upon conviction thereof, by confinement foi not less than two yuai b nur lunger (.haii heveii yeais and shall be disiiiib&ed from office be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00. A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable oflense shall be authorized to refuse acceptance of any person who has not received medi cal treatment for obvious physical injuries or conditions. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility in order to secure a medical release. Upon medical release by the health care facility, the sheriff, constable, or keeper of the jail must assume custody of the individual; provided^ however, that in all cases the sheriff, constable, or keeper of the jail must assume custody wHere no health care facility is located in the county in which the arrest occurred and, in iuch instances, the governing authority of the arresting agency shall pay all costs related to the medical release."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senators Dean of the 31st and Gochenour of the 27th offered the following amendment:
Amend the Senate Corrections, Correctional Institutions and Property Committee substi tute to HB 1296 by adding on line 8 of page 1 between the word "conditions" and the semi colon the following:
"of an emergency nature".
By adding on line 5 of page 2 between the word "conditions" and the period the following:
"of an emergency nature".
By adding on line 8 of page 2 between the word "facility" and the word "in" the following:
"or health care provider".
By adding on line 9 of page 2 between the word "facility" and the comma the following:
"or health care provider".
On the adoption of the amendment, the yeas were 34, nays 0, and the Dean and Gochenour amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ray Scott Stokes Tanksley Thomas Thompson Turner Tysinger

Those not voting were Senators:

Blitch (excused) Broun of 46th Brown of 26th

Clay Ralston Slotin

Starr Taylor Walker

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, FEBRUARY 29, 1996

957

The following bill was taken up to consider House action thereto:
SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the of Official Code of Georgia Annotat ed, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the date for the general primary in 1996; to provide for polling places outside precinct boundaries in certain counties; to pro vide for nonconformity as to date of election printed on ballots for the general primary in 1996; to provide for the date of the primary runoff in 1996; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended in Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, by inserting a new subsection to be designated subsec tion (d) to read as follows:
"(d) In 1996, such primary shall be held on the second Tuesday in July. Notwithstanding any other provision of law to the contrary, any referendum, special election, or special primary which is required to be held on the third Tuesday in July, 1996, shall not be conducted on that date, but shall be held on the second Tuesday in July, 1996."
SECTION 2.
Said chapter is further amended by inserting in Code Section 21-2-265, relating to selection and change of polling places, a new subsection to be designated subsection (e) to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, for the 1996 general primary, in counties with a population of 400,000 or more persons according to the United States decennial census of 1990 or any future such census, the superintendent may establish the polling place for a precinct outside the boundaries of the precinct if, by so doing, such polling place would better serve the needs of the voters for that primary."
SECTION 3.
Said chapter is further amended by inserting in Code Section 21-2-284, relating to the form of official primary ballot, a new subsection to be designated subsection (f) to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, with respect to the general primary held in 1996, ballots which are in conformance to all provisions of this chapter except for the date of the election printed on the ballot may be used in the general primary."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-501, relating to the proportion of the vote required for nomination in a primary and election in a special election or general election and run-off elections, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or

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public office. In instances where no candidate receives a majority of the votes cast, a run off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be de termined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With regard to the 1996 general primary runoff, such runoff shall be held on the twenty-eighth day following the 1996 general primary. If any candidate eligible to be in a runoff'withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligi ble for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special election runoff shall be a continua tion of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run off primary in violation of Code Section 21-2-224."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB
192. Senator Johnson of the 1st moved that the Senate agree to the House substitute as
amended by the Senate. The Johnson motion to agree to the House substitute as amended takes precedence.
The amendment was as follows: Amend the House substitute to SB 192 by changing line 1 of page 3
by deleting "twenty-eight" and substituting "thirty-fifth". On the Johnson motion to agree to the House substitute as amended by the Senate, 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

Edge Egan Glanton Gochenour Guhl
Johnson of 1st Lamutt

Land McGuire Newbill Ralston Tanksley
Tysinger

Those voting in the negative were Senators:

Abernathy Bowen

Broun of 46th Brown of 26th

Cheeks Day

THURSDAY, FEBRUARY 29, 1996

959

Dean Farrow Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd

Kemp Langford Madden Marable Middleton Oliver Perdue Pollard Ragan

Ray Scott Starr Stokes Taylor Thomas Thompson Turner Walker

Not voting were Senators Blitch (excused) and Slotin.

On the motion, the yeas were 20, nays 34, and the motion to agree to the House substi tute to SB 192 as amended by the Senate lost.
Senator Johnson of the 1st moved that the Senate adjourn.
The motion to adjourn takes precedence. On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Boshears Burton Cagle Clay

Crotts Day Edge Gochenour Guhl

Johnson of 1st Lamutt Newbill Ralston Tanksley

Those voting in the negative were Senators:

Abernathy Balfour Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Farrow Gillis Glanton Griffin Harbison

Henson Hill Hooks James Johnson of 2nd Kemp Land Langford Madden Marable McGuire Middleton Oliver

Perdue Pollard Ragan Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Blitch (excused) and Slotin.

On the motion, the yeas were 15, nays 39, and the motion to adjourn lost.
On the motion by Senator Thomas of the 10th to agree to the House substitute to SB 192, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Bowen
Broun of 46th Brown of 26th Dean
Farrow Gillis Griffin

Harbison Henson Hill
Hooks James Johnson of 2nd
Kemp Langford Madden

Marable McGuire Middleton
Oliver Perdue Pollard
Ragan Ray Scott

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Starr Stokes Taylor

Thomas Thompson

Turner Walker

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay

Crotts Day Edge Egan Glanton Gochenour Guhl

Johnson of 1st Lamutt Land Newbill Ralston Tanksley Tysinger

Not voting was Senator Slotin.

On the motion, the yeas were 34, nays 21; the motion prevailed, and the Senate agreed to the House substitute to SB 192.
At 12:00 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. today.
The President called the Senate to order at 1:30 P.M.
The Calendar was resumed.

HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th and others:
A bill amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum number of years of credita ble service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' service required to qualify for retirement.
Senate Sponsor: Senator Farrow of the 54th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 October 30, 1995

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 506 (LC 21 3068) Superior Court Judges Retirement System

Dear Representative Cummings:
This bill provides that the minimum age for retirement in the Superior Court Judges Retirement System of Georgia shall be reduced from 65 to 60 years of age. This bill also increases the maximum number of years of creditable service that may be used to calculate retirement benefits from 16 to 24 years. This bill would also change the minimum number

THURSDAY, FEBRUARY 29, 1996

961

of years to qualify for retirement benefits from 16 years of actual service to 16 years of creditable service and change the method of calculating the reduction in benefits imposed for retiring with less than 16 years of service.

If passed, this legislation would increase the normal cost to the retirement system by $255,392 in the first year in order to meet the concurrent funding requirements of OCGA 47-20-50. However, since the System is currently in a well-funded position, the employer contribution would remain at $0 if this was the only bill passed for the Superior Court Judges Retirement System. It should be noted that changes in the actuarial assumption could affect the cost of this legislation. Any future costs associated with this proposed legis lation would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

$ N/A* $ N/A*
N/A* $ 255,392

(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

(7.67%) (5.07%) $____0**

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.

** Although this bill would increase the cost to the System by $255,392 in the first year, the employer contribution would not increase since the System would remain in a well-funded position, provided no other bills affecting the Superior Court Judges Retirement System are passed. If other bills affecting the System are passed into law, the aggregate effect of all bills passed must be analyzed to determine if the System would remain sufficiently funded.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/s/ Claude L. Vickers State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Burton

Cagle Cheeks Clay Crotts

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Day Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

Those voting in the negative were Senators:

Brown of 26th

James

Pollard Ragan Ralston Ray Scott Starr Tanksley Taylor Thomas Thompson Turner Tysinger
Perdue

Those not voting were Senators:

Egan Slotin

Stokes Walker

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed.

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.
Senate Sponsor: Senator Marable of the 52nd.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 25, 1996

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 756 (LC 9 8251)

Dear Chairman Buck:
This Bill would exempt from ad valorem taxation the vans and buses owned by religious groups and used for the operation and maintenance of the group or for religious, educa tional, or charitable purposes. The exemption would become effective on January 1, 1997.
To determine the impact of the Bill upon the State's revenues, the distribution by value of the named vans and buses would be have to projected. The State's tax rate of one-quarter mill could then be applied to the assessed values. But, the principal impact of the Bill

THURSDAY, FEBRUARY 29, 1996

963

would be upon the revenues of local governments. To determine that amount, a distribution of vans and buses both by value and by taxing district would be needed. The various millage rates could then be applied to their associated assessed values and the revenue losses cumulated.
Although the revenue impacts of the Bill in Fiscal Year 1997 are determinable, they have not been calculated. The identification of religious groups who own vehicles and the distri bution of these vehicles by value and taxing district would involve an extensive sampling exercise using the Department of Revenue's motor vehicle data. Sufficient historical data would have to be uncovered to define a forecasting system. An investigation of this scope could not be handled in the preferred five-day period. In fact, the analysis that is required probably could not be managed within the current session of the General Assembly. Ac cordingly, the necessary work program has not been initiated and no estimates of revenue impact can be offered.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget
Senator Clay of the 37th offered the following amendment:
Amend HB 756 by inserting at the end of line 7 on page 1 the following after the word "Referendum":
"amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conven tions, and trade shows, so as to change certain restrictions applicable to the aggregate amount of certain excise taxes and sales and use taxes and other taxes which may be im posed by a county or municipality; to provide an effective date; to provide for automatic repeal under certain circumstances; to".
By inserting immediately following line 25 of page 1 the following:
Entitled "Section 2"
"Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended by striking paragraph (5.1) of subsection (a) 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 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 oper ated 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 (5.1)) 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) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, 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

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(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 speci fied 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 bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a down town development authority, or a private sector nonprofit organization or through a con tract 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 ta;ies 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; provided, how ever, that any sales tax for educational purposes which is imposed pursuant to Article Vill, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding 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 imparied by the state and no county or municipality 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 down town development authority, shall constitute a contract with the holder of such obliga tion. Notwithstanding 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 authority for the construction and operation of a facility or facilities includ ing but not limited to the study, operation, marketing, acquisition, construction, financ ing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any ob ligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improve ment 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 obliga tion to pay or reserve moneys and having an initial term of not more than 37 years; "facility" or "facilities" shall mean any of the buildings, structures, and facilities de scribed 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 para graph (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 municipality pursuant to a local constitutional amendment.'
SECTION 3.
Section 2 of this Act shall become effective on January 1,1997; provided, however, that this Act shall only become effective on January 1, 1997, upon the ratification of a resolution at the November, 1996, state-wide general election, which resolution provides for the levy of a 1 percent sales tax for educational purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997.

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SECTION 4."
Renumber Section 2 on line 29, p.l and each subsequent Section thereafter.
Senators Crotts of the 17th and Tanksley of the 32nd offered the following amendment: Amend HB 756 by striking on line 1 on page 1 the following:
"Part 2 of Article 10 of.
By striking on line 3 on page 1 the following: "motor vehicles",
and inserting in lieu thereof the following: "property".
By inserting on line 3 on page 1, after the work "as", the following: "to provide for records and information which shall not be subject to such authority;".
By striking lines 11 through 13 on page I and inserting in lieu thereof the following:
"Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking in its entirely subsection (a) of Code Section 48-5-300, relating to power to subpoena witnesses, books, papers, or documents, and in serting in its place a new subsection (a) to read as follows:
'(a)(l) Except as otherwise provided in paragraph (2) of this subsection, the The county board of tax assessors may issue subpoenas for the attendance of witnesses and may subpoena of any person any books, papers, or documents which may contain any infor mation material to any question relative to the existence or liability of property subject to taxation or to the identity of the owner of property liable to taxation or relevant to other matters necessary to the proper assessment of taxes lawfully due the state or county. Such subpoenas may be issued in the name of the board, shall be signed by any one or more members of the board or by the secretary of the board, and shall be served upon a taxpayer or witness or any party required to produce documents or records five days before the day upon which any hearing by the board is scheduled at which the attend ance of the party or witness or the production of such documents is required.
(2) The authority provided for in paragraph (1) of this subsection shall not apply to the following documents or records:
(A) Personal income tax records or returns;
(B) Property appraisals; (C) Rent rolls or other similar accounting documents; or
(D) Leases.'
SECTION 2."
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By striking the number "1" on lines 17 and 21 on page 2 and inserting in lieu thereof the number "2".
B"3y". striking the number "2" on line 26 on page 2 and inserting in lieu thereof the number
Senator Crotts of the 17th offered the following amendment: Amend the Crotts amendment to HB 756
by on page 2 line 4 (A) change word "personal" to now read any
Senator Starr of the 44th asked for a ruling by the Chair as to the germaneness of the Crotts amendment (21-0580) to HB 756.
The President ruled that the amendment was not germane; therefore, the Crotts amendment to the Crotts amendment was moot.

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On the adoption of the Clay amendment to HB 756, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Burton Cagle Cheeks Clay Crotts Day Dean

Egan Gillis Glanton Gochenour Griffin Guhl Harbison James Johnson of 1st Lamutt Land

McGuire Newbill Oliver Pollard Ragan Ralston Starr Tanksley Thompson Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Brown of 26th Farrow Henson Hill Hooks

Johnson of 2nd Kemp Langford Madden Marable

Middleton Ray Taylor Thomas Turner

Those not voting were Senators:

Blitch Edge

Perdue Scott

Slotin Stokes

On the adoption of the amendment, the yeas were 34, nays 16, and the Clay amend ment was adopted.
Pursuant to Senate Rule 143, action on HB 756 was suspended, and the bill was placed on the General Calendar.
HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption. Senate Sponsor: Senator Gochenour of the 27th.

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967

The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Garget 30334-8400 February 16, 1996
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1229 (LC 18 7441S)
Dear Chairman Buck:
This Bill would reduce the taxable sales associated with automatic merchandising. For any vending machine, all single-item sales would be lumped together and treated as a single sale. In turn, the net proceeds of this sale would become the taxable purchase.
Currently, regulations of the Department of Revenue require that sales taxes be levied on total gross receipts from vending-machine sales. This Bill would apply the tax to a lesser amount, an undefined measure termed "net proceeds". Although virtually any expense could be deducted from gross receipts to get net proceeds, the legislative intent, as inter preted by the Department of Revenue, is that the deduction would be the cumulation of sales taxes that machine owners have included in the prices of individual items. This net ting would prevent the levy of sales taxes upon sales taxes.
Sales tax collections from vending machines reported by the Department of Revenue are considerably below those implied by the data on retail sales in Georgia supplied by the United States Bureau of the Census. The difference probably follows from the Depart ment's classification of tax sources by the principal activity of business establishments. Whatever the explanation, low- and high-estimates of fiscal impact are required. For Fiscal Year 1997, the Bill would lower the State's collections of sales taxes by $0.3 to $0.5 million. The revenue loss in subsequent years would rise by 2 to 3 percent per year.
Sincerely, /s/ Claude L. Vickers
State Auditor /s/ Tim Burgess, Director
Office of Planning and Budget
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1229:
A BILL
To be entitled an Act to amend Code Section 48-8-30 of the Official Code of Georgia Anno tated, relating to imposition, rate, and collection of sales and use tax, so as to change the manner of applying such tax to certain sales through vending machines; 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 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, is amended by striking subsection (h) and inserting in its place a new subsection (h) to read as follows:
"(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing

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in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine sEall be treated as a single sale. The gross proceeds for reporting vending sales shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale?*

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment: Amend the committee substitute for HB 1229 by inserting after the word "machines" on line 5 of page 1 the following:
"to revise and change an exemption from sales and use tax regarding the sale of certain concessions or admission tickets by certain schools;".
By inserting after line 30 of page 1 the following:

"SECTION 1A.

Code Section 48-8-3 is further amended by striking paragraph (39) and inserting in its place a new paragraph (39) to read as follows:
'(39) Sales by any public or private school containing any combination of grades kinder garten through 12 of tangible personal property, concessions, or of tickets for admission to a school athletic event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students;'".
Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Clay of the 37th moved that Senator Edge of the 28th be excused due to busi ness. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Edge was excused.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen
Broun of 46th Burton Cagle Cheeks Clay Crotts

Day Dean Egan Farrow Gillis
Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land Langford Madden Marable

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969

McGuire Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Starr Stokes Tanksley

Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th

Edge (excused) Scott

Slotin Taylor

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1211. By Representatives Ray of the 128th, Murphy of the 18th, Purcell of the 147th and others:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that volunta ry pre-kindergarten programs in this state shall provide for toilet facilities which are enclosed and screened for privacy. Senate Sponsor: Senator Kemp of the 3rd.
Senators Land of the 16th and Harbison of the 15th offered the following amendment:
Amend HB 1211
by striking "and individually" on line 24
and adding after the period on line 25 the following:
"Nothing contained herein shall be construed to require a prekindergarten program to pro vide separately constructed toilet facilities."
On the adoption of the amendment, the yeas were 33, nays 0, and the Land, Harbison amendment to HB 1211 was adopted.
Senators Kemp of the 3rd, Burton of the 5th and others offered the following amendment:
Amend HB 1211 by adding on line 5 immediately following the word and symbol "privacy;" the following:
"to provide for an exception;".
By striking the quotation marks at the end of line 25.
By inserting between lines 25 and 26 the following:
"(c) the provisions of subsection (b) of this Code section shall not apply to any voluntary pre-kindergarten program which provides separate and gender-specific toilet facilities for the children which it serves."
On the adoption of the amendment, the yeas were 35, nays 0, and the Kemp, Black et al. amendment to HB 1211 was adopted.
Senator Hooks of the 14th moved the previous question.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the previous ques tion was ordered.

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Senator Clay of the 37th offered the following amendment:
Amend HB 1211 by adding after the "state" on line 22 on p. 1 the words "which receives state funding"
On the adoption of the Clay amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Cagle Cheeks Clay Crotts Day Egan

Farrow Glanton Guhl Henson Hooks James Johnson of 1st Land Madden

Middleton Newbill Oliver Perdue Scott Stokes Taylor Turner Walker

Those voting in the negative were Senators:

Abernathy Balfour Black Broun of 46th Brown of 26th Burton Dean Gillis Gochenour

Griffin Harbison Johnson of 2nd Kemp Lamutt Langford Marable McGuire

Ragan Ralston Ray Starr Tanksley Thomas Thompson Tysinger

Those not voting were Senators:

Edge (excused) Hill

Pollard Slotin

On the adoption of the amendment, the yeas were 27, nays 25, and the Clay amend ment to HB 1211 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 Farrow Gillis

Glanton Gochenour Griffin Harbison
Henson Hill
Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue
Ragan Ralston
Ray Scott Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

THURSDAY, FEBRUARY 29, 1996

971

Voting in the negative were Senators Egan and Guhl.

Those not voting were Senators:

Edge (excused)

Pollard

Slotin

On the passage of the bill, the yeas were 51, nays 2.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1241. By Representatives Mobley of the 86th, Cummings of the 27th, Golden of the 177th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit li censed in-patient hospice under certain conditions.
Senate Sponsor: Senator Egan of the 40th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 5, 1996
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1241 (LC 18 7180)
Dear Chairman Buck:
This Bill would exempt from Georgia's sales and use tax all purchases by non-profit li censed in-patient hospices. The exemption would take effect when the Bill was signed.
An effort to model the purchase patterns and industry growth of in-patient non-profit iionhospital hospices has not proved successful in the limited time that has been available. Details of operations have been too sketchy to allow solid analysis. Yet, the fiscal impact of this Bill would clearly be determinable if intense research effort were applied over several weeks.
The hospice industry, though still in its initial growth stage, has a history dating back to at least 1982 when Medicare was authorized to provide hospice benefits. In the U.S. there are approximately 70,000 hospice patients today and their numbers are growing by close to 10 percent per year. Accordingly, information concerning operations could certainly be devel oped and projections of growth could be made. Even the narrow set of in-patient hospices of concern here could be analyzed. However, weeks rather than days would be involved in completing the exercise.
Sincerely, /s/ Claude L. Vickers
State Auditor /s/ Tim Burgess, Director
Office of Planning and Budget

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
Balfour
Black Blitch
Boshears
Bowen Broun of 46th Brown of 26th
Burton Cagle Cheeks
Clay Crotts Day Dean Egan
Farrow
Gillis

Glanton
Gochenour
Griffin Guhl
Harbison
Henson Hill Hooks
James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land Langford Madden
Marable

McGuire
Middleton
Newbill Oliver
Perdue
Ragan Ralston Ray
Scott Stokes Tanksley
Taylor Thomas Thompson Turner Tysinger
Walker

Those not voting were Senators:

Edge (excused) Pollard

Slotin Starr

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th and others:

A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discovery procedures under the Civil Practice Act.
Senate Sponsor: Senator Tanksley of the 32nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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

Crotts Day Dean Farrow

Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hooks James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land Langford Madden Marable McGuire

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973

Middleton Newbill Oliver Perdue Ragan Ralston

Ray Scott Starr Stokes Tanksley

Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Bowen Edge (excused) Egan

Hill Pollard

Slotin Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
Senate Sponsor: Senator Broun of the 46th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 356:
A BILL
To be entitled an Act to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of members of a county governing authority, during the term for which elected, from the provision of certain retire ment or pension benefits established and funded during such term; to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county gov erning authorities, so as to provide a procedure for establishing compensation for members of county governing authorities, elected chief executive officers, and other county officers; to provide for definitions, conditions, and notice; to provide that compensation in effect on January 1, 1996, shall remain in effect until increased; to provide for legislative action by the General Assembly; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 36-1-11.1 of the Official Code of Georgia Annotated, relating to the expendi ture of funds for insurance and employment benefits by county governing authorities, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-1-11.1 to read as follows:
"36-1-11.1.
(a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retire ment or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as the dependents and

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beneficiaries of such officials and personnel; provided, however, that during the term for

which elected, no member of a county governing authority shall be vested in the provi

sion of any retirement or pension benefits authorized by this subsection which are estab

lished and funded during such ter5T

'

(b) Any prior expenditure of county funds in the manner authorized by this Code section
is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."

SECTION 2.

Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, is amended by adding a new Code Section 36-5-24 to read as follows:
"36-5-24.
(a) As used in this Code section, the term:
(1) 'County officer' means an elected county official as defined in subparagraph (a) of Article IX, Section I, Paragraph III of the Constitution of the State of Georgia.
(2) 'Expenses in the nature or compensation' means any expense allowance or any form of payment or reimbursement of expenses other than reimbursement for expenses ac tually and necessarily incurred by members of a county governing authority, an elected county chief executive officer, or a county officer.
(b) The governing authority of each county is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of the members of the governing authority, any elected county chief executive officer, and any county officer subject to the following conditions:
(1) Any increase in salary, compensation, or expenses in the nature of compensation for members of a county governing authority shall not be effective until the first day of January of the year following the next regular county election held after the date on which the action to increase the compensation was taken;
(2) A county governing authority shall take no action to increase salary, compensation, or expenses in the nature of compensation until notice of intent to take such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken; and
(3) Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the county governing authority may first qualify as such candidates and ending with the date members of the governing author ity take office following their election.
(c) Salary, compensation, and expenses in the nature of compensation paid to members of county governing authorities, elected county chief executive officers, and county officers in accordance with applicable local or general salary laws in effect on January 1, 1996, and as subsequently amended, shall continue in full force and effect as minimum com pensation for such county officials unless such compensation is increased pursuant to subsection (b) of this Code section.
(d) This Code section shall not prohibit the General Assembly from enacting or amending a local law at any time to provide for the compensation of members of a county governing authority or a county officer. If such action is taken by the General Assembly, a county governing authority affected by such local law shall not increase the salary, compensa tion, or expenses in the nature of compensation of the affected county officials pursuant to subsection (b) of this Code section until at least the second calendar year following the enactment of any such local law."

THURSDAY, FEBRUARY 29, 1996

975

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 committee substitute, the yeas were 0, nays 34, and the substi tute lost.
Senator Broun of the 46th offered the following substitute to HB 356:
A BILL
To be entitled an Act to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of members of a county governing authority, during the term for which elected, from the provision of certain retire ment or pension benefits established and funded during such term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-1-11.1 of the Official Code of Georgia Annotated, relating to the expendi ture of funds for insurance and employment benefits by county governing authorities, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-1-11.1 to read as follows:
"36-1-11.1.
(a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing au thority and for elected county officers and the personnel thereof, as well as for the dependents and beneficiaries of such officials and personnel; provided, howeveTrthat no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized by this subsection until after the next general election in which said official stands for reelection.
(b) Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the Broun substitute to HB 356 was adopted.
Pursuant to Senate Rule 143, action on HB 356 was suspended, and the bill was placed on the General Calendar.

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HB 1501. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, so as to change certain definitions; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances.
Senate Sponsor: Senator Taylor of the 12th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 8, 1996
The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1501 (LC 18 7470 ECS)
Dear Chairman Buck:
This Bill would adjust the parameters in a series of current tax provisions intended to promote economic development in Georgia. It would also add new tax preferences with a similar purpose.
The Bill would allow the revenue commissioner to revise by regulation the apportionment formulae used to determine the Georgia taxable income of multi-state corporations. It would shrink the number of jobs that businesses have to add and the amounts they have to spend to qualify for an income tax credit. It would double the portion of retraining costs that businesses could take as a credit. Under the Bill, sales tax exemptions already in place for existing heavy users of electricity would be extended to similar new businesses that locate in the State. Two new sales tax exemptions would also be added. Machinery put in place for the remanufacture of airplane engines would become exempt. Additionally, purchases of consumable overhead by businesses who contract with the Department of De fense (or NASA) would be freed of sales and use tax liability.
The levels ofjob additions needed to qualify for an income tax credit would be reduced from the 10, 15, and 25 now needed in the respective tiers to 5, 15, and 25. This would give incentives for expandingjobs. Of course, the complementary investment previously counted upon to make jobs credits revenue-neutral might not be forthcoming in every instance.
Boosting the portion of retraining costs from 25 to 50 percent of outlay would stimulate retraining activity which in turn would boost worker performance and pay. A tendency toward high net collections by the State would result.
Lowering the threshold purchases of handling equipment exempt from sales taxes from $10 to $5 million would stimulate such purchases. Whatever spending was induced, the new investment would of course be income- and revenue-raising. The extension of the sales tax preferences already in place for heavy users of electricity to similar new businesses who invest in fixed facilities and equipment and locate here would also bolster the State's collections.
The incentive effect of a new sales tax exemption for machinery puchased for use in the remanufacture of aircraft engines would put Georgia engine manufacturers in harmony with the cost-cutting emphasis of aircraft purchasers generally. Likewise, the phased-in

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exemption of overhead consumables for Georgia manufacturers contracting with the De partment of Defense (or NASA) would allow such businesses to stay in step with the re duced levels of contracting by the U.S. government. In fact, since excess capacity and plant mergers are commonplace among defense contractors across the Nation, the sales tax ex emption might spur transfers of activity to Georgia. Details of contracts held by businesses in the State are not available. However, using detail from national sources, the revenue cost of the new provision, without counting probable offsets, would be no more than $0.6, $2.9, $4.3, and $5.7 million over Fiscal Years 1997, 1998, 1999, and 2000.
Overall, the provisions of this Bill would likely have a small influence on State's revenues in the near future. The modifications of existing provisions would bolster revenues. New provisions would have an immediate cost but would also introduce positive forces. Perhaps the tax uncertainty that businesses would face because of the series of tax changes and the authority granted the revenue commission (whether used or not) would be principal re straints on collections. In net, the Bill should prove revenue-neutral in Fiscal Year 1997 if incentive-effects are quick acting. By Fiscal Year 1998, the Bill should provide a modest revenue boost, probably in the range of $5 to $10 million. In following fiscal years, that revenue uplift should be sustained and even augmented.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears
Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson
Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard
Ragan Ralston Ray Scott Starr Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Broun of 46th

Edge (excused) Slotin

Stokes

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

978

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1101. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible personal property tax; to change the definition of the term "intangible personal property" as it ap plies to said title; to change certain references to the intangible personal prop erty tax laws; to provide that certain provisions of former laws relating to intan gible personal property taxes shall be applicable to other provisions of law,
HB 6. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to repeal the intangible personal prop erty tax; to remove the limitation on the maximum amount of such tax payable with respect to any single note.
HB 1404. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants.
HB 587. By Representatives Smith of the 12th, Scoggins of the 24th, Hudson of the 156th and others:
A bill to amend Article 6 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Family Caregiver Support Act," so as to provide for an in-home care demonstration grant program.
Senator Perdue of the 18th moved that the Senate recess until 5:00 P.M., and at that time, pursuant to SR 601, adjourn until 10:00 A.M. Tuesday, March 5; the motion prevailed.
At 5:00 P.M., the President announced the Senate adjourned.

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979

Senate Chamber, Atlanta, Georgia Tuesday, March 5, 1996
Thirty-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 Thursday, February 29, pro ceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1795. By Representative Bostick of the 165th:
A bill to amend an Act creating a new charter for the City of Ty Ty, so as to permit holders of elective office to serve on local boards, commissions, or author ities in certain circumstances.
HB 1796. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Duluth," so as to amend the description of the corporate limits of said city.
HB 1797. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for one addi tional full-time magistrate.
HB 1798. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for condi tions and procedures relating thereto.
HB 1799. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Talbot County during the four-month staggered registration period from January 1 through April 30 and other vehi cles in said county shall be registered and licensed to operate during February and March, as provided by general law.
HB 1810. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner and deputy coroner.

980

JOURNAL OF THE SENATE

HB 1811. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to provide a new charter for the City of Offerman.
HB 1812. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the number of councilmemberss which constitute a quo rum authorized to transact city business and the number of votes necessary to adopt ordinances and resolutions.
HB 1813. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act providing a new charter for the City of Good Hope, in the County of Walton, so as to change the terms of the mayor and councilmembers.
HB 1814. By Representatives Harris of the 17th and Stancil of the 16th:
A bill to amend an Act reincorporating and recreating the City of Woodstock, so as to provide for additional powers, duties, and authority of the mayor.
HB 1815. By Representatives Sauder of the 29th, Towery of the 30th, Parsons of the 40th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the chief judge and judges of the state court.
HB 1816. By Representative Barfoot of the 155th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County.
HB 1817. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, and the judge of the probate court.
HB 1818. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the compensation for members of the board of commissioners.
HB 1819. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.
HB 1820. By Representative Channell of the lllth: A bill to provide for compensation for the judge of the state court of Putnam County, the solicitor of the state court of Putnam County, and the clerk of the state court of Putnam County.

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981

HB 1821. By Representative Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, so as to change provisions relating to compensation for the chief magis trate, the senior magistrate, the junior magistrate, and the magistrate clerk.
HB 1822. By Representative Bargeron of the 120th:
A bill to reconstitute the Board of Education of Glascock County.
HB 1823. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
HB 1827. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Warwick," so as to change the salary of the mayor and councilmembers.
HB 1829. By Representative Holland of the 157th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Turner County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Sec tion 40-2-21 of the Official Code of Georgia Annotated.
HB 1830. By Representatives Holland of the 157th and Banner of the 159th:
A bill to amend an Act entitled "An Act to provide as compensation for the treas urer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," so as to abolish such office.
HB 1322. By Representatives Reichert of the 126th, Channell of the lllth and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide concurrent jurisdiction for certain probate courts over cases charging possession of one ounce or less of marijuana and cases charging furnishing alco holic beverages to persons under 21 or purchase or possession of alcoholic bever ages by underage persons.
HB 1582. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to exempt from regulation by the State Board of Bar bers barber programs offered by public technical institutes; to allow barber stu dents and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other barber schools.
HB 1649. By Representatives Twiggs of the 8th, Mobley of the 86th, Jenkins of the 110th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff depart ment's nomenclature or symbols.

982

JOURNAL OF THE SENATE

HB 1484. By Representatives Twiggs of the 8th, Coleman of the 142nd, Mobley of the 86th and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any munici pal, county, or volunteer fire department's nomenclature or symbols.
HB 713. By Representative Twiggs of the 8th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols.
HB 1632. By Representatives Skipper of the 137th and Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," so as to change definitions and references relat ing to promotional giveaways; to eliminate the requirement that certain disclo sures be made to winners of promotions.
HB 1328. By Representatives Snow of the 2nd and Bailey of the 93rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department, commissioner, and Board of Human Resources, so as to create the Georgia Council for Welfare Administration.
HB 1046. By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain part-time employment by the legis lative branch of state government.
HB 1442. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or reprocessed.

HB 1385. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter I of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the gov erning authority of any county or municipal corporation affected by such legisla tion.

TUESDAY, MARCH 5, 1996

983

HB 1736. By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th and others:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the requirement that the Department of Public Safety keep records of applications for licenses and information on drivers' licenses and the furnishing of such information, so as to authorize the Department of Public Safety to pro vide access to disseminate information from its records to the military branches of the United States Department of Defense.
HB 1788. By Representatives Hanner of the 159th and Baker of the 70th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to provide the Board of Natural Resources with authority to promulgate regulations governing the discharge of pollutants into waters of the state.
HB 1227. By Representatives Hanner of the 159th, Porter of the 143rd, Carter of the 166th and others:
A bill to amend Code Section 12-8-95.1 of the Official Code of Georgia Annotat ed, relating to hazardous waste management fees and hazardous substance re porting fees, so as to repeal certain hazardous substance reporting fees.
HB 1728. By Representative Parham of the 122nd:
A bill to amend Code Section 10-1-662 of the Official Code of Georgia Annotated, relating to unlawful motor vehicle franchisor practices, so as to prohibit franchisors from conducting audits of or basing decisions adverse to a dealer on activity or transactions more than two years old; to prohibit a franchisor from canceling a franchise under certain circumstances.
HB 1647. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-15 of the Official Code of Georgia Annotated, relating to criminal and civil penalties under "The Retail Installment and Home Solicitation Sales Act," so as to provide that a seller or holder shall not be liable under said Act if the seller or holder can show by a preponderance of the evi dence that the violation was not intentional and resulted from a bona fide cleri cal or typographical error.
HB 1365. By Representatives Grindley of the 35th, Rogers of the 20th, Buckner of the 95th and others:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotat ed, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, so as to provide for stricter reg ulations on the sale of cigarettes and tobacco related objects to minors.
HB 1630. By Representatives Parsons of the 40th, Scoggins of the 24th and Coker of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank.

984

JOURNAL OF THE SENATE

HB 1122. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to change certain provi sions relating to extent of courts' contempt power; to prohibit certain television broadcasting from, or motion picture filming or videotaping in, courtrooms dur ing judicial proceedings in cases except with the consent of all parties.
HB 1252. By Representatives Sauder of the 29th, Parsons of the 40th, Walker of the 141st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by munici pal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive; to provide the ear liest commencement date and latest ending date for qualifying periods for general elections; to provide the latest ending date for qualifying periods for special elections.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1096. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th and others:
A resolution re-creating the Joint Study Committee on DeKalb County's Form of Government.
HR 1016. By Representatives Watts of the 26th and Murphy of the 18th:
A resolution designating the Jimmy Lee Smith Parkway.
HR 988. By Representative Parham of the 122nd:
A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville as the William Crittenden Building.
HR 1041. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and others:
A resolution to change the name of the Kiokee Creek Bridge in Columbia County to the Robert W. Pollard, Sr., Bridge.
HR 1091. By Representatives Chambless of the 163rd, Murphy of the 18th, Lee of the 94th and others:
A resolution creating the Commission on the Appellate Courts of Georgia.
HR 969. By Representative Lifsey of the 6th:
A resolution designating the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County the Kirby Park, Sr., Memorial Bridge.

TUESDAY, MARCH 5, 1996

985

The following bills were introduced, read the first time and referred to committee:
SB 772. By Senator McGuire of the 30th:
A bill to provide that the tax commissioner of Douglas County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Douglas County to reimburse the county for the cost of collecting school taxes; to provide for a reduction schedule; to provide for a statement of intention and the authority for this Act; to provide for an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 773. By Senators Day of the 48th and Cagle of the 49th:
A bill to create the Forsyth County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention.
Referred to Committee on State and Local Governmental Operations.
SB 774. By Senator Farrow of the 54th:
A bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide for related matters with respect to said officers.
Referred to Committee on State and Local Governmental Operations.
SB 775. By Senator Farrow of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual sala ry, as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 776. By Senator Farrow of the 54th:
A bill to amend an Act relating to the Magistrate Court of Murray County, as amended, so as to change provisions relating to the compensation of the chief magistrate; to provide for other related matters; to provide an effective date
Referred to Committee on State and Local Governmental Operations.
SB 777. By Senator Thompson of the 33rd:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.
Referred to Committee on State and Local Governmental Operations.

986

JOURNAL OF THE SENATE

The following bills were read the first time and referred to committees:
HB 6. By Representative Buck of the 135th:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to repeal the intangible personal prop erty tax; to remove the limitation on the maximum amount of such tax payable with respect to any single note.
Referred to Finance and Public Utilities Committee.
HB 587. By Representatives Smith of the 12th, Scoggins of the 24th, Hudson of the 156th and others:
A bill to amend Article 6 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Family Caregiver Support Act," so as to provide for an in-home care demonstration grant program.
Referred to Health and Human Services Committee.
HB 713. By Representative Twiggs of the 8th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols.
Referred to Public Safety Committee.
HB 1046. By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain part-time employment by the legis lative branch of state government.
Referred to Retirement Committee.
HB 1101. By Representatives Buck of the 135th, Day of the 153rd, Jamieson of the 22nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible personal property tax; to change the definition of the term "intangible personal property" as it ap plies to said title; to change certain references to the intangible personal prop erty tax laws; to provide that certain provisions of former laws relating to intan gible personal property taxes shall be applicable to other provisions of law.
Referred to Finance and Public Utilities Committee.
HB 1122. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to change certain provi sions relating to extent of courts' contempt power; to prohibit certain television broadcasting from, or motion picture filming or videotaping in, courtrooms dur ing judicial proceedings in cases except with the consent of all parties.
Referred to Judiciary Committee.

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987

HB 1227. By Representatives Hanner of the 159th, Porter of the 143rd, Carter of the 166th and others:
A bill to amend Code Section 12-8-95.1 of the Official Code of Georgia Annotat ed, relating to hazardous waste management fees and hazardous substance re porting fees, so as to repeal certain hazardous substance reporting fees.
Referred to Natural Resources Committee.
HB 1252. By Representatives Sauder of the 29th, Parsons of the 40th, Walker of the 141st and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by munici pal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive; to provide the ear liest commencement date and latest ending date for qualifying periods for general elections; to provide the latest ending date for qualifying periods for special elections.
Referred to State and Local Governmental Operations (General) Committee.
HB 1322. By Representatives Reichert of the 126th, Channell of the lllth and Jenkins of the 110th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide concurrent jurisdiction for certain probate courts over cases charging possession of one ounce or less of marijuana and cases charging furnishing alco holic beverages to persons under 21 or purchase or possession of alcoholic bever ages by underage persons.
Referred to Special Judiciary Committee.
HB 1328. By Representatives Snow of the 2nd and Bailey of the 93rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department, commissioner, and Board of Human Resources, so as to create the Georgia Council for Welfare Administration.
Referred to Health and Human Services Committee.
HB 1365. By Representatives Grindley of the 35th, Rogers of the 20th, Buckner of the 95th and others:
A bill to amend Code Section 16-12-171 of the Official Code of Georgia Annotat ed, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, so as to provide for stricter reg ulations on the sale of cigarettes and tobacco related objects to minors.
Referred to Judiciary Committee.
HB 1385. By Representatives Royal of the 164th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the gov erning authority of any county or municipal corporation affected by such legisla tion.
Referred to State and Local Governmental Operations (General) Committee.

988

JOURNAL OF THE SENATE

HB 1404. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants.
Referred to Insurance and Labor Committee.
HB 1442. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or reprocessed.
Referred to Consumer Affairs Committee.
HB 1484. By Representatives Twiggs of the 8th, Coleman of the 142nd, Mobley of the 86th and Perry of the llth:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any munici pal, county, or volunteer fire department's nomenclature or symbols.
Referred to Public Safety Committee.
HB 1582. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to exempt from regulation by the State Board of Bar bers barber programs offered by public technical institutes; to allow barber stu dents and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other barber schools.
Referred to Higher Education Committee.
HB 1630. By Representatives Parsons of the 40th, Scoggins of the 24th and Coker of the 31st:
A bill to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank.
Referred to Science, Technology and Industry Committee.
HB 1632. By Representatives Skipper of the 137th and Watson of the 139th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the "Fair Business Practices Act of 1975," so as to change definitions and references relat ing to promotional giveaways; to eliminate the requirement that certain disclo sures be made to winners of promotions.
Referred to Consumer Affairs Committee.

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989

HB 1647. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-15 of the Official Code of Georgia Annotated, relating to criminal and civil penalties under "The Retail Installment and Home Solicitation Sales Act," so as to provide that a seller or holder shall not be liable under said Act if the seller or holder can show by a preponderance of the evi dence that the violation was not intentional and resulted from a bona fide cleri cal or typographical error.
Referred to Finance and Public Utilities Committee.
HB 1649. By Representatives Twiggs of the 8th, Mobley of the 86th, Jenkins of the 110th and others:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff depart ment's nomenclature or symbols.
Referred to Public Safety Committee.
HB 1728. By Representative Parham of the 122nd:
A bill to amend Code Section 10-1-662 of the Official Code of Georgia Annotated, relating to unlawful motor vehicle franchisor practices, so as to prohibit franchisors from conducting audits of or basing decisions adverse to a dealer on activity or transactions more than two years old; to prohibit a franchisor from canceling a franchise under certain circumstances.
Referred to Consumer Affairs Committee.
HB 1736. By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th and Parham of the 122nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the requirement that the Department of Public Safety keep records of applications for licenses and information on drivers' licenses and the furnishing of such information, so as to authorize the Department of Public Safety to pro vide access to and disseminate information from its records to the military branches of the United States Department of Defense.
Referred to Public Safety Committee.
HB 1788. By Representatives Banner of the 159th and Baker of the 70th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to provide the Board of Natural Resources with authority to promulgate regulations governing the discharge of pollutants into waters of the state.
Referred to Judiciary Committee.
HR 969. By Representative Lifsey of the 6th:
A resolution designating the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County the Kirby Park, Sr., Memorial Bridge.
Referred to Transportation Committee.
HR 988. By Representative Parham of the 122nd:
A resolution designating the Central State Hospital building on Yarbrough Drive in Milledgeville as the William Crittenden Building.
Referred to Rules Committee.

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JOURNAL OF THE SENATE

HB 1016. By Representatives Watts of the 26th and Murphy of the 18th:
A resolution designating the Jimmy Lee Smith Parkway.
Referred to Transportation Committee.
HR 1041. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and Bargeron of the 120th:
A resolution to change the name of the Kiokee Creek Bridge in Columbia County to the Robert W. Pollard, Sr., Bridge.
Referred to Transportation Committee.
HR 1091. By Representatives Chambless of the 163rd, Murphy of the 18th, Lee of the 94th and others:
A resolution creating the Commission on the Appellate Courts of Georgia.
Referred to Rules Committee.
HB 1795. By Representative Bostick of the 165th:
A bill to amend an Act creating a new charter for the City of Ty Ty, so as to permit holders of elective office to serve on local boards, commissions, or author ities in certain circumstances.
Referred to State and Local Governmental Operations Committee.
HB 1796. By Representative Coleman of the 80th:
A bill to amend an Act entitled "An Act providing a new charter for the City of Duluth," so as to amend the description of the corporate limits of said city.
Referred to State and Local Governmental Operations Committee.
HB 1797. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for one addi tional full-time magistrate.
Referred to State and Local Governmental Operations Committee.
HB 1798. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for condi tions and procedures relating thereto.
Referred to State and Local Governmental Operations Committee.
HB 1799. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Talbot County during the four-month staggered registration period from January 1 through April 30 and other vehi cles in said county shall be registered and licensed to operate during February and March, as provided by general law.
Referred to State and Local Governmental Operations Committee.

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HB 1810. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner and deputy coroner.
Referred to State and Local Governmental Operations Committee.
HB 1811. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to provide a new charter for the City of Offerman.
Referred to State and Local Governmental Operations Committee.
HB 1812. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the number of councilmembers which constitute a quo rum authorized to transact city business and the number of votes necessary to adopt ordinances and resolutions.
Referred to State and Local Governmental Operations Committee.
HB 1813. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act providing a new charter for the City of Good Hope, in the County of Walton, so as to change the terms of the mayor and councilmembers.
Referred to State and Local Governmental Operations Committee.
HB 1814. By Representatives Harris of the 17th and Stancil of the 16th:
A bill to amend an Act reincorporating and recreating the City of Woodstock, so as to provide for additional powers, duties, and authority of the mayor.
Referred to State and Local Governmental Operations Committee.
HB 1815. By Representatives Sauder of the 29th, Towery of the 30th, Parsons of the 40th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the chief judge and judges of the state court.
Referred to State and Local Governmental Operations Committee.
HB 1816. By Representative Barfoot of the 155th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County.
Referred to State and Local Governmental Operations Committee.
HB 1817. By Representatives Channell of the lllth and Parham of the 122nd: A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, and the judge of the probate court.
Referred to State and Local Governmental Operations Committee.

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HB 1818. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the compensation for members of the board of commissioners.
Referred to State and Local Governmental Operations Committee.
HB 1819. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to State and Local Governmental Operations Committee.
HB 1820. By Representative Channell of the lllth:
A bill to provide for compensation for the judge of the state court of Putnam County, the solicitor of the state court of Putnam County, and the clerk of the state court of Putnam County.
Referred to State and Local Governmental Operations Committee.
HB 1821. By Representative Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Putnam County, so as to change provisions relating to compensation for the chief magis trate, the senior magistrate, the junior magistrate, and the magistrate clerk.
Referred to State and Local Governmental Operations Committee.
HB 1822. By Representative Bargeron of the 120th:
A bill to reconstitute the Board of Education of Glascock County.
Referred to State and Local Governmental Operations Committee.
HB 1823. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
Referred to State and Local Governmental Operations Committee.
HB 1827. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Warwick," so as to change the salary of the mayor and councilmembers.
Referred to State and Local Governmental Operations Committee.
HB 1829. By Representative Holland of the 157th:
A bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Turner County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Sec tion 40-2-21 of the Official Code of Georgia Annotated.
Referred to State and Local Governmental Operations Committee.

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HB 1830. By Representatives Holland of the 157th and Banner of the 159th:
A bill to amend an Act entitled "An Act to provide as compensation for the treas urer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law," so as to abolish such office.
Referred to State and Local Governmental Operations Committee.

HR 1096. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th and others:

A resolution re-creating the Joint Study Committee on DeKalb County's Form of Government.

Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:

Mr. President:

The Committee on Banking and Financial Institutions has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1078. Do pass.

HB 1638. Do pass.

Respectfully submitted, Senator Turner of the 8th District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bills and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1382. Do pass.

HR 946. Do pass.

HB 1586. Do pass by substitute.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President: The Committee on Retirement has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1088. Do pass.
Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President: The Committee on Science, Technology and Industry has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1221. Do pass as amended.
Respectfully submitted, Senator Tysinger of the 41st District, Chairman

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Mr. President:

The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1188. Do pass.

HB 1531. Do pass.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 758. Do pass.

HB 1748. Do pass.

SB 759. Do pass. SB 764. Do pass.

HB 1762. Do pass. HB 1769. Do pass.

SB 765. Do pass.

HB 1776. Do pass.

HB 1690. Do pass.

HB 1777. Do pass.

HB 1718. Do pass.

HB 1779. Do pass.

HB 1742. Do pass.

HB 1780. Do pass.

HB 1744. Do pass. HB 1746. Do pass.

HB 1781. Do pass. HB 1784. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

SB 386 SB 710
SB 756 SR 556 HB 1283

SB 392 SB 717
SB 757 SR 557 HB 1290

SB 528 SB 722
SB 766 SR 567 HB 1327

SB 664 SB 742
SB 769 SR 590 HB 1331

SB 679 SB 743
SR 446 HB 256 HB 1370

SB 709 SB 755
SR 515 HB 726 HB 1569

Senator Edge of the 28th moved that Senator Tanksley of the 32nd be excused due to out of town business. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Tanksley 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
Gillis Glanton Gochenour Griffin Guhl
Harbison Henson

Hill Hooks James Johnson of 2nd Johnson of 1st
Lamutt Land Langford Madden Marable
McGuire Middleton

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Newbill Oliver Perdue Pollard Ragan Ralston

Ray Scott Slotin Starr Stokes Taylor

Those not answering were Senators:

Abernathy

Kemp

Thomas Thompson Turner Tysinger Walker
Tanksley (excused)

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Ralston of the 51st introduced the chaplain of the day, Reverend Rubin Smith, pastor of Cherokee Baptist Church, Canton, Georgia, who offered scripture reading and prayer.
Senator Farrow of the 54th introduced the doctor of the day, Dr. Brad DeLay of Dalton, Georgia.
The following resolution was read and adopted:
SR 629. By Senators Gillis of the 20th, Dean of the 31st, Ray of the 19th and others:
A resolution recognizing and commending Honorable Paul C. Broun on the occa sion of his eightieth birthday.
Senator Gillis of the 20th addressed the Senate briefly in reference to SR 629. Senator Griffin of the 25th moved that Senator Walker of the 22nd be excused due to personal business. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Walker was excused. The following resolution was read and adopted:
SR 628. By Senators Burton of the 5th and Tysinger of the 41st:
A resolution commending the sponsors of and participants in the Smoke-Free Class of 2000 project.
Senator Burton of the 5th and the Lieutenant Governor recognized a group in the Gal lery representing SR 628; then addressed the Senate briefly.
The following resolutions were read and adopted:
SR 625. By Senator Burton of the 5th: A resolution commending and recognizing the Sons of Confederate Veterans.
SR 626. By Senators Ragan of the llth and Bowen of the 13th:
A resolution commending the citizens, foundations, businesses, industries, indi viduals, local civic organizations, schools, state, City of Moultrie, and Colquitt County.
SR 627. By Senators Harbison of the 15th and Middleton of the 50th:
A resolution recognizing and commending the Dogwood Chapter of the Women Marines Association.
SR 630. By Senator Edge of the 28th:
A resolution commending the East Coweta High School choral groups.

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SR 631. By Senator Madden of the 47th:
A resolution commending Walter McNeeley.
SR 632. By Senator Bowen of the 13th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Barbecue Cooking Contest.
SENATE LOCAL CONSENT CALENDAR Tuesday March 5, 1996
THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 758 Thomas, 10th Glanton, 34th Starr, 44th CLAYTON COUNTY
An Act to amend an Act creating the State Court of Clayton County, so as to provide that the office of chief judge of said court shall be rotated annually among the judges of said court.
SB 759 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
An Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner, so as to provide for the position of adminis trative specialist in the office of the tax commissioner.
SB 764 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
To provide for the method of filling vacancies on the Board of Education of Cobb County.
SB 765 Walker, 22nd BURKE COUNTY
An Act to amend an Act providing for the election of the members of the Board of Education of Burke County, so as to change the compensation and expense al lowance of the members of the board.
HB 1690 Marable, 52nd CITY OF ROME
An Act to amend an Act for providing a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to change the amount of the exemption.

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HB 1718 Thomas, 10th Starr, 44th CITY OF LAKE CITY
An Act to provide for a new charter for the City of Lake City.
HB 1742 Pollard, 24th Griffin, 25th JEFFERSON COUNTY
An Act to amend an Act providing for a Board of Commissioners of Jefferson County, so as to change certain provisions regarding the election of the chairper son and members of the board.
HB 1744 Griffin, 25th TOWN OF SILOAM
An Act to provide a new charter for the Town of Siloam.
HB 1746 Guhl, 45th WALTON COUNTY
An Act to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to repeal certain provisions regarding a vacancy in the office of sheriff.
HB 1748 Taylor, 12th CALHOUN COUNTY
An Act to provide for the compensation and expenses of the members of the Board of Education of Calhoun County.
HB 1762 Blitch, 7th Turner, 8th Ragan, llth Bowen, 13th BROOKS COUNTY COLQUITT COUNTY ECHOLS COUNTY LOWNDES COUNTY THOMAS COUNTY
An Act to amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, so as to increase the supplement to the compensation of the judges and to provide for payment of such supplement.
HB 1769 Turner, 8th Ragan, llth LOWNDES COUNTY
An Act to repeal an Act relating to the election of the Board of Tax Assessors.
HB 1776 Ragan, llth CITY OF BLAKELY
An Act to amend an Act providing for a new charter for the City of Blakely, so as to repeal certain provisions relating to the city administrator.

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HB 1777 Edge, 28th Langford, 29th SPALDING COUNTY
An Act to abolish the office of elected surveyor of Spalding County.
HB 1779 Hooks, 14th SCHLEY COUNTY
An Act to amend an Act providing for the election of the Board of Commission ers, so as to change the compensation of the chairman and members of such board.
HB 1780 Gochenour, 27th CITY OF BARNESVILLE
An Act to amend an Act providing a new charter for the City of Barnesville, so as to provide for a homestead exemption for persons over age 65.
HB 1781 Gillis, 20th Brown, 26th WILKINSON COUNTY
An Act to create a Board of Elections and Registration in Wilkinson County.
HB 1784 Hooks, 14th CITY OF AMERICUS
An Act to create the Americus Theater and Cultural Center Authority.

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.

On the passage of the bills on the 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 Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger

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Those not voting were Senators:

Black Blitch Day

Johnson of 2nd Tanksley (excused)

Thomas Walker (excused)

On the passage of the local bills, the yeas were 49, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
SENATE RULES CALENDAR
Tuesday, March 5, 1996 THIRTY-SECOND LEGISLATIVE DAY

HB 756 Ad valorem tax; exempt certain vans and buses (Amendment) (F&PU--52nd) Childers--13th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 29, 1996.)

HB 356 Counties; employment benefits; exclude certain elected officials (Substitute) (SLGO-G--46th) Scoggins--24
(Pursuant to Senate Rule 143, final passage of the bill was suspended on February 29, 1996.)

HB 1152 Law enforcement officer; indemnification; motor carriers; certain regulations (Pub Saf--18th) Watson--139th
SB 751 Probation Services--privatization (Corr--31st)
SB 533 Criminal Records--purging rights of person released (Substitute) (S Judy--6th)
SB 539 Juvenile Law Enforcement Records--offense constituting felony (Substitute) (Judy--44th)
SB 677 Certain Senatorial districts--description (Substitute) (Reappor--48th)
SB 711 Theft by Conversion--redefine personal property (Judy--54th)
SB 749 Development Authority Law--redefine project regarding sewage disposal facili ty (SLGO-G--28th)
SB 750 Stone Mountain Judicial Circuit Superior Courts-additional judge (Judy--42nd)
SB 754 Armories--provisions for joint state/local government use (Amendment) (D&VA--16th)
SR 288 Congress--encourage legislation for medical savings accounts (H&HS--19th)
SR 478 Senate Poultry Feed and Transportation Study Committee--create (Rules --19th)
SR 580 Senate Young Drivers Study Committee--create (Rules--4th)

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SR 596 Olympic Stadium--urge name in honor of Henry Aaron (Rules--38th)
Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee

The following general bill of the House, having been read the third time and final ac tion suspended on February 29, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.
Senate Sponsor: Senator Marable of the 52nd.

The amendment offered by Senator Clay of the 37th on February 29, as it appears in. the Journal of February 29, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Taylor Thompson Turner Tysinger

Those not voting were Senators:

Farrow Johnson of 2nd

Tanksley (excused) Thomas

Walker (excused)

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following general bill of the House, having been read the third time and final ac tion suspended on February 29, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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1001

HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
Senate Sponsor: Senator Broun of the 46th.

The substitute offered by Senator Broun of the 46th on February 29, as it appears in the Journal of February 29, was automatically reconsidered and put upon its adoption.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Johnson of 2nd Slotin

Tanksley (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 general bills were read the third time and put upon their passage:

HB 1152. By Representative Watson of the 139th:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement of ficers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change the definition of certain terms.
Senate Sponsor: Senator Perdue of the 18th.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger

Voting in the negative was Senator Black.

Those not voting were Senators:

Blitch Cheeks

Slotin Tanksley (excused)

Walker (excused)

On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed.

SB 751. By Senators Dean of the 31st, Ray of the 19th, Marable of the 52nd and Gochenour of the 27th:

A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to require that approval to privatize probation services by the governing authority of a county, a municipality, or a consolidated government be by resolution with a copy of the
final contract attached as an exhibit thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay Crotts Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

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Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ragan Ralston Ray Scott

Those not voting were Senators:

Slotin Tanksley (excused)

Taylor Walker (excused)

Starr Stokes Thomas Thompson Turner Tysinger

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 533. By Senators Boshears of the 6th, Harbison of the 15th and James of the 35th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indict ed for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.
The Senate Special Judiciary Committee offered the following substitute to SB 533:
A BILL
To be entitled an Act to amend Code Section 35-3-37 of the Official Code of Georgia anno tated, relating to inspection of criminal records and the purging, modifying, or supplement ing of criminal records, so as to change the provisions relating to the purging, modifying, or supplementing of criminal records; to provide for the purging, modifying, or supplementing of certain records of the Georgia Crime Information Center; to provide procedures; to pro vide for the amendment of criminal records; to provide for appeals to the superior court from decisions of an agency or the center; to provide for venue; to provide that under cer tain conditions, a superior court shall order records of arrest, fingerprints, photographs, and other such records of an individual totally expunged and purged; to provide for the deletion, amendment, modification, or supplementation of records in accordance with court orders; to provide for the dissemination of certain information relating to the altering of records to other individuals and agencies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 35-3-37 of the Official Code of Georgia annotated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new sub section (c) to read as follows:
"(c)(l) If an individual believes his or her criminal records to be inaccurate, or incompleteT or misleading, he the individual may request the original agency or "the center having custody or control of the detajTdetailed records to purge, modify, or supplement them and to notify the center of such changes.
(2) Should the original agency or the center decline to act or should the individual believe tEe original agency's or center's decision to be unsatisfactory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the superior court in the county where the agency

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exists, with notice to the agency, if the appeal is from a decision of an agency, or to the superior court of the county where the center exists, with notice to the center, if the appeal is from a decision of the center, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record or the center. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certi fied mail shall be sufficient service on the agency or the center having custody or control of the disputed record that such appeal has been entered.
(3) If the superior court finds Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, amended, modified, or supplemented by an explanatory notation. If the superior court finds beyond a reasonable doubt that a citizen warrant that caused an action reflected in the record was issued without probable cause, the court shall order the record, including but not limited to records of arrest, fingerprints, and photographs, to be totally expunged and purged.
(4) Each agency or individual in the state with having custody, possession, or control of iny such record shall promptly cause each and every copy thereof in his the custody, possession, or control of such agency or individual to be altcted deleted, amended, modi fied, or supplemented in accordance with the court's order. Notification of each such dele tion,amendment, modification, and supplementary notation shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered to be so altered."

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 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean

Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston

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Ray Scott Starr

Stokes Thomas Thompson

Turner Tysinger

Those not voting were Senators:

Blitch Egan

Slotin Tanksley (excused)

Taylor Walker (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 539. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records, so as to provide that juvenile law enforcement records and files involving an offense which would constitute a felo ny if committed by an adult shall be kept and reported in the same manner as the law enforcement records of adults.
The Senate Judiciary Committee offered the following substitute to SB 539:
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 use of certain juvenile court records; 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 (b) of Code Section 15-11-38, relating to the nature and effect of adjudication in juvenile courts, and inserting in lieu thereof the following:
"(b) The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against him such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, ex cept in dispositional proceedings after convictkui uf a feluiiy for the purposes of a presentence investigation and report the establishment of conditions of bail, plea negoti ations, and sentencing in felony offenses."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Farrow Gillis Glanton

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JOURNAL OF THE SENATE

Gochenour Griffin Guhl Harbison Henson Hill Hooks
Johnson of 2nd Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill
Oliver Perdue Pollard

Those not voting were Senators:

Abernathy Egan James

Johnson of 1st Slotin Tanksley (excused)

Ragan Ralston Ray Scott Starr Stokes Thomas Thompson Turner Tysinger
Taylor Walker (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 677. By Senators Day of the 48th and Newbill of the 56th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 48 and 56; to provide for the election of members of the Senate; to provide for the continuation of present senatorial dis tricts until a certain time; to provide for applicability to certain primary and general elections.
The Senate Reapportionment Committee offered the following substitute to SB 677:
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 descriptions of senatorial districts 48 and 56; to provide for the descriptions of senatorial districts 21 and 32; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the descriptions of senatorial dis tricts 48 and 56 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in their respective places the descriptions of senatorial districts 48 and 56 attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: s48s56am."
SECTION 2.
Said Code section is further amended by striking the descriptions of senatorial districts 21 and 32 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in their respective places the descriptions of senatorial districts 21 and 32 attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: s21s32am."

TUESDAY, MARCH 5, 1996

1007

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that if as of the first date upon which candidates may begin qualifying for the general primary in 1996, implementation of SB3EX from the 1995 special session, (Ga. L. 1995, Ex. Sess., p. 6), is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Operator: state_____________Client: senate_____________Plan: s48s56am
District No. 48
FORSYTE Tract: 1303. Block: 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 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, 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 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 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
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, 115, 116, 117A, 117B, 118 Block Group :2 Block: 303A, 303B, 305, 306, 315, 316, 319, 320, 321, 322, 323, 324, 325A, 325B, 326, 327, 328A, 328B, 328C, 329, 332A, 332B, 333A, 333B, 334, 335A, 335B, 336A, 336B, 337A, 337B, 337C, 338A, 338B, 339, 340, 341, 342, 343, 344, 345, 346, 347

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JOURNAL OF THE SENATE

Block Group:4 Block Group:5 Block Group:6 Block Group:7 Tract:0502.04 Tract:0505.02 Block: 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134C, 135, 136, 137, 138 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 Block Group :2
District No. 56
CHEROKEE Tract:0908. Block: 123, 124, 125, 126, 127, 128 Block Group :2 Block Group:3 Block Group:4 Block Group:5 Block: 601, 602, 603, 604, 610, 611, 701 Tract:0909.01 Tract:0909.02
FULTON Tract:0102.03 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0102.04 Block Group:! Block Group:2 Tract:0114.03 Tract:0114.04 Tract:0114.05 Tract:0114.06 Tract:0114.07 Tract:0114.08 Block Group:!

TUESDAY, MARCH 5, 1996

1009

Block: 201A, 201B, 201C, 202, 203A, 203B, 203C, 204, 205, 206A, 206B, 207, 208A, 208B, 301A, 302, 303, 304, 305, 306
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: 119, 301, 302A, 302B, 302C, 302D, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331 Tract:0503.08 Block: 101, 403 Tract:0503.09 Tract:0503.10 Block: 401, 402, 411A, 411B
District No. 21
COBB Tract:0302.05 Block: 701, 706 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

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JOURNAL OF THE SENATE

Block: 707, 708 Tract:0303.17
Block Group:! Block Group:2 Block Group:5 Block Group:6 Block Group:7 Tract:0303.18 Block: 201 Tract:0303.19 Tract:0304.01 Block: 901A, That part of Block 901B which lies southwest of Sope Creek, 902, 903,
904, 906A, 906B, 907A, 907B, 908, 909, 911, 912, 913, 914, 915, 916, 917, 918, 919A, 919B, 920A, 920B, 920C, 920D, 920E Tract:0304.02 Block: 127, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216 Block Group:3 Block Group:6 Tract:0304.05 Block Group:! Block Group :2 Block Group:3 Block: 401A, 401C, 401D, 401E, 402A, 402B, 403, 404, 405, 406B, 407C Block Group:5 Block Group:6 Block Group:7 Block Group:8 Block Group:9 Tract:0305.01 Block Group:! Block Group :2 Block Group:3 Block Group:4 Block Group:5 Block Group:6 Block Group:7 Block Group :8 Block: 906, 907 Tract:0305.02 Block Group:! Block Group:2 Block Group:3 Block Group :4 Tract:0305.03 Block: 201, 202A, 202B, 203, 204, 205A, 205B, 205C, 206, 207 Block Group:3 Block Group :4 Block Group:5
District No. 32
COBB Tract:0303.15 Block: 801, 804, 805, 806 Tract:0303.16 Block Group:3 Block Group:4 Block Group:5

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1011

Block Group:6 Block: 701, 702, 703, 704, 705, 706, 709, 710, 711, 712 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 Block Group :3 Block Group:4 Block Group:9 Tract:0303.20 Tract:0303.21 Block Group:2 Block: 301, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402B, 402C, 403B,
403C, 403D, 404B, 405A, 405B, 406B, 408B, 412, 413 Block Group :5 Block Group:6 Block Group:9 Tract:0304.01 Block Group:! Block Group:2 Block: That part of Block 901B which lies northeast of Sope Creek, 905, 910 Tract:0304.02 Block: 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125,
126, 201, 212, 213, 214, 215 Block Group:9 Tract:0304.05 Block: 401B, 406A, 407A, 407B, 407D, 407E, 407F, 407G, 408, 409, 410 Tract:0304.06 Block: 401D, 401F, 501D Block Group:6 Block Group:7 Block Group:8 Tract:0310.01 Block: 210, 216C, 216D, 228B Tract:0310.02 Block: 120A Tract:0310.03 Block: 110A, 112A, 113A Tract:0311.01 Block Group:! Block: 201, 203, 210, 211, 212, 213, 214 Block Group :3 Tract:0311.03 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, HOC, HOD,
HOE, 110F, 111, 116A, 116B, 117, 118, 119, 120, 122 Block Group:2 Block Group:3 Block Group:4 Block Group:5 Tract:0311.05 Tract:0311.06 Tract:0311.07 Tract:0311.08

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JOURNAL OF THE SENATE

Block: 303A, 304, 308, 310A, 319 Tract:0311.09
Block: That part of Block 102 which lies south and west of Spring Lake Drive ex tended to its intersection with Lake Drive, 109, 113, 114, 119, 120
Tract:0312.02 Block: 301, 302, 303, 305, 309, 310, 319A, 320, 321, 322, 323, 324A, 324B, 325A, 326, 327, 328, 331A, 331B, 401, 402, 403A, 408A, 413A, 419A, 426, 427, 428, 435A, 436A, 436B, 436C, 437A, 437B, 438A, 438B, 438C, 438D, 438E, 438F, 439A, 439B, 505, 528, 529, 530 Block Group:6
Tract:0312.03 Block: 101B, 102, 103, 104, 105, 106, 107B, 107C, 109, 110A, HOB, 111, 112, 113, 114, 115 Block Group:5
Tract:0312.04 Tract:0313.01
Block: 101B, 155A, 155B, 155C, 156, 206, 207, 208, 209, 210, 214, 215, 216, 217, 218, 233, 234, 235
Block Group:4 Block Group:9 Tract:0313.02 Block: 401, 404C, 405B, 407, 408A Tract:0314.03 Block: 101, 102, 103, 104, 105 Block Group :2 Block Group:3 Block Group:4

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay Glanton James

Johnson of 1st Slotin Starr

Tanksley (excused) Walker (excused)

TUESDAY, MARCH 5, 1996

1013

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 711. By Senators Farrow of the 54th and Oliver of the 42nd:

A bill to amend Code Section 16-8-4 of the Official Code of Georgia Annotated, relating to theft by conversion, so as to change the definition of the term "per sonal property" as used in said Code section.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Farrow James

Slotin Starr

Tanksley (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.

SB 749. By Senator Edge of the 28th:

A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to change the definition of the term "project" with respect to sewage disposal facilities and solid waste dis
posal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears

Bowen Brown of 26th Burton Cagle

Cheeks Clay Crotts Day

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JOURNAL OF THE SENATE

Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

Those not voting were Senators:

Abernathy Broun of 46th Hooks

James Slotin Starr

Perdue Pollard Ragan Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger
Tanksley (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.

SB 750. By Senator Oliver of the 42nd:

A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Stokes Thomas Thompson Turner Tysinger

Those not voting were Senators:

Cheeks James Slotin

Starr Tanksley (excused)

Taylor Walker (excused)

TUESDAY, MARCH 5, 1996

1015

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 754. By Senators Land of the 16th and Harbison of the 15th:
A bill to amend Part 5 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to armories and other facilities, so as to provide for the joint use of newly constructed armories by the state and local governments under certain conditions; to provide conditions for receiving state aid for the construction and operation of joint armories.
Senator Land of the 16th moved that SB 754 be committed to the Defense and Veter ans Affairs Committee.
On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 754 was com mitted to the Defense and Veterans Affairs Committee.

SR 288. By Senator Ray of the 19th and Pollard of the 24th:

A resolution encouraging the Congress of the United States to enact legislation to provide for medical savings accounts.

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Black Blitch Scott

Slotin Starr

Tanksley (excused) Walker (excused)

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 478. By Senators Ray of the 19th, Starr of the 44th and Marable of the 52nd:
A resolution creating the Senate Poultry Feed and Transportation Study Com mittee.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford

Madden Marable McGuire Middleton Newbill Perdue Ralston Ray Scott Starr Stokes Taylor Thomas Turner Tysinger

Those not voting were Senators:

Balfour Black
Blitch Oliver

Pollard Ragan Slotin

Tanksley (excused) Thompson Walker (excused)

On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 580. By Senators Hill of the 4th, Crotts of the 17th and Bowen of the 13th: A resolution creating the Senate Young Drivers Study Committee.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch
Boshears Bowen
Broun of 46th
Brown of 26th Burton Cagle
Cheeks Clay Crotts Day Dean Edge
Egan

Gillis Gochenour Griffin
Guhl Harbison
Henson
Hill Hooks James
Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford
Madden

Marable McGuire Middleton
Newbill Oliver
Pollard
Ragan Ralston Ray
Starr Stokes Taylor Thomas Thompson Turner
Tysinger

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1017

Those not voting were Senators:

Black Farrow Glanton

Perdue Scott Slotin

Tanksley (excused) Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

SR 596. By Senators Abernathy of the 38th, Perdue of the 18th, Ray of the 19th and others:

A resolution urging the City of Atlanta and the Atlanta Committee for the Olympic Games to name the Olympic Stadium in honor of Henry Aaron.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Day Dean Farrow Gillis

Glanton Gochenour Griffin Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger

Those voting in the negative were Senators:

Cagle

Egan

Guhl

Those not voting were Senators:

Edge Henson

Slotin Tanksley (excused)

Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Perdue of the 18th moved that the Senate adjourn until 9:30 A.M. tomorrow; the motion prevailed, and at 12:10 P.M., the President announced the Senate adjourned.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 6, 1996
Thirty-third Legislative Day
The Senate met pursuant to adjournment at 9:35 A.M. today and was called to order by Senator Ray of the 19th, President Pro Tempore.
Senator Marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1447. By Representative McKinney of the 51st:
A bill to re-create a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial jurisdiction of such cities.
HB 1672. By Representatives Campbell of the 42nd and Trense of the 44th:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebted ness, in the amount of $20,000.00 of the assessed value of the homestead for each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.
HB 1835. By Representatives Kinnamon of the 4th, Mann of the 5th and Lifsey of the 6th:
A bill to provide a homestead exemption from certain Whitfield County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school dis trict who are 65 years of age or older and whose income from all sources, includ ing the income of all individuals residing within said homestead, does not ex ceed $15,000.00 per annum.
HB 1836. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide homestead exemptions from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 excluding certain benefits, and who are totally disabled paralyzed homeowners.

WEDNESDAY, MARCH 6, 1996

1019

HB 1837. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commission ers for the County of Jackson," so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and five commissioners.
HB 1840. By Representative Martin of the 47th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provi sions relating to the United States decennial census used for the population classifications of such counties.
SB 740. By Senators Clay of the 37th and Tanksley of the 32nd:
A bill to amend an Act providing for the compensation of the judge of the Juve nile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date.
HB 963. By Representative Holmes of the 53rd:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia of teach ers who are employed by certain county school systems and related matters, so as to provide that the benefits of such teachers shall be calculated as provided on June 30, 1988, by certain local pension funds, with certain amendments thereafter.
HB 840. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to prohibit paid solici tors from soliciting within or from the State of Georgia unless they are regis tered with the Secretary of State; to provide that accountings of solicitation cam paigns by paid solicitors be filed with the Secretary of State.
HB 1399. By Representatives Mobley of the 86th and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for the sale of certain donated tangible personal property by a bona fide charita ble tax-exempt organization under the Internal Revenue Code.
HB 1626. By Representatives Baker of the 70th, Barnes of the 33rd, Crawford of the 129th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts shall grant continuances due to a party's or an attorney's attendance at the General Assembly.

1020

JOURNAL OF THE SENATE

HB 1785. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
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 add a provision dealing with the appropriation of funds for any fiscal year beginning July 1, 1996; to state legislative intent with respect to pro gram weights; to provide for a change in the program weights allotted to state authorized instructional programs.
HB 1396. By Representative Williams of the 63rd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to provide for an additional qualification for judicial office.
HB 1494. By Representative Byrd of the 170th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to create a merit rating plan for certain workers' compensation claims.
HB 1561. By Representatives Canty of the 52nd and Trense of the 44th:
A bill to amend Section 48-5-18 of the Official Code of Georgia Annotated, relat ing to the time for making tax returns, so as to change certain provisions regard ing the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census.
HB 1637. By Representatives Bailey of the 93rd, Childers of the 13th, Benefield of the 96th and others:
A bill to amend Code Section 16-12-22.1 of the Official Code of Georgia Annotat ed, relating to raffles operated by nonprofit, tax-exempt organizations, so as to change certain provisions regarding special limited licenses to conduct raffles.
HB 1394. By Representatives Williams of the 114th, Childers of the 13th and Parham of the 122nd:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Annotated, relating to staff privileges at public hospitals, so as to prohibit denial of staff privileges on the basis of certain licenses, specialties, and membership.
HB 625. By Representative McKinney of the 51st:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future census, so as to change the additional penalty and bail and bond amount to be imposed for certain jail purposes.
HB 1575. By Representatives Jones of the 71st, Culbreth of the 132nd and Childers of the 13th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that a person entering an emergency facility shall be evaluated as soon as possible.

WEDNESDAY, MARCH 6, 1996

1021

HB 1115. By Representatives Golden of the 177th, Bates of the 179th, Shaw of the 176th and others:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, so as to provide that cer tain unlawful actions of educators as described in this Act shall constitute con tempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penal ize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in re sponse to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding.
HB 1444. By Representative Ashe of the 46th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for changes in procedures to be followed by school disciplinary officers, panels, and tribunals relating to notice and timing of decisions.
HB 1006. By Representatives Powell of the 23rd and Porter of the 143rd:
A bill to amend Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, so as to provide for creditable service for prior service as an assistant district attorney.
HB 1295. By Representatives Jenkins of the 110th, Sherill of the 62nd, Lewis of the 14th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to limit civil action if interest is awarded.
HB 1683. By Representatives Mueller of the 152nd and Bordeaux of the 151st:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change the terms of office of members of county boards of tax assessors.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1003. By Representative Channell of the lllth:
A resolution designating the T.C. Hallman Memorial Bridge.
HR 1004. By Representative Channell of the lllth:
A resolution designating the Gregory Bridge.
HR 1073. By Representative Smith of the 169th:
A resolution designating the Daniel Warnell Lee Memorial Bridge.

1022

JOURNAL OF THE SENATE

HR 1005. By Representatives McKinney of the 51st, Walker of the 141st, Brooks of the 54th and others:
A resolution designating the Hamilton E. Holmes Drive in Fulton County.
HR 1039. By Representative Jenkins of the 110th:
A resolution amending a resolution approved March 4, 1964, designating the "O. H. Banks Bridge", so as to redesignate said bridge as the "0. H. Banks Memorial Bridge".
HR 1040. By Representative Jenkins of the 110th:
A resolution to amend a resolution approved March 3,1964, designating the "E. Clyde Kelly Bridge", so as to redesignate said bridge as the "E. Clyde Kelly Me morial Bridge".
HR 885. By Representative Mosley of the 171st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County.
The following bills were introduced, read the first time and referred to committee:
SB 778. By Senator Blitch of the 7th:
A bill to amend an Act providing for a new charter for the City of St. Marys, Georgia, as amended, so as to provide that the mayor and councilmembers shall continue to serve for the terms for which elected; to provide for election of the mayor and councilmembers by a plurality of voters of the entire City of St. Marys.
Referred to Committee on State and Local Governmental Operations.
SB 779. By Senator Madden of the 47th:
A bill to amend the charter for the City of Arcade so as to change the corporate limits of that city.
Referred to Committee on State and Local Governmental Operations.
SB 780. By Senators Stokes of the 43rd, Thomas of the 10th, Oliver of the 42nd and Henson of the 55th:
A bill to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, as amended, so as to require the Board of Commissioners of DeKalb County to hold at least two public hearings prior to the merger of any local chamber of commerce.
Referred to Committee on State and Local Governmental Operations. The following bills were read the first time and referred to committees:
HB 625. By Representative McKinney of the 51st:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future census, so as to change the additional penalty and bail and bond amount to be imposed for certain jail purposes.
Referred to State and Local Governmental Operations (General) Committee.

WEDNESDAY, MARCH 6, 1996

1023

HB 840. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to prohibit paid solici tors from soliciting within or from the State of Georgia unless they are regis tered with the Secretary of State; to provide that accountings of solicitation cam paigns by paid solicitors be filed with the Secretary of State.
Referred to State and Local Governmental Operations (General) Committee.
HB 963. By Representative Holmes of the 53rd:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia of teach ers who are employed by certain county school systems and related matters, so as to provide that the benefits of such teachers shall be calculated as provided on June 30, 1988, by certain local pension funds, with certain amendments thereafter.
Referred to Retirement Committee.
HB 1006. By Representatives Powell of the 23rd and Porter of the 143rd:
A bill to amend Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, so as to provide for creditable service for prior service as an assistant district attorney.
Referred to Retirement Committee.
HB 1115. By Representatives Golden of the 177th, Shaw of the 176th, Bates of the 179th and others:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt power of courts, so as to provide that cer tain unlawful actions of educators as described in this Act shall constitute con tempt of court; to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to education, so as to provide that it shall be unlawful for any educator to discipline, punish, penal ize, or take any adverse action against a student because the student is absent from class or otherwise unable to meet the requirements of the course of study as a result of the student being required to attend a judicial proceeding in re sponse to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the student at the judicial proceeding.
Referred to Higher Education Committee.
HB 1295. By Representatives Jenkins of the 110th, Sherrill of the 62nd, Lewis of the 14th and others:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to limit civil action if interest is awarded.
Referred to Special Judiciary Committee.

1024

JOURNAL OF THE SENATE

HB 1394. By Representatives Williams of the 114th, Childers of the 13th and Parham of the 122nd:
A bill to amend Code Section 31-7-7 of the Official Code of Georgia Annotated, relating to staff privileges at public hospitals, so as to prohibit denial of staff privileges on the basis of certain licenses, specialties, and membership.
Referred to Health and Human Services Committee.
HB 1396. By Representative Williams of the 63rd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to provide for an additional qualification for judicial office.
Referred to Judiciary Committee.
HB 1399. By Representatives Mobley of the 86th and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for the sale of certain donated tangible personal property by a bona fide charita ble tax-exempt organization under the Internal Revenue Code.
Referred to Finance and Public Utilities Committee.
HB 1444. By Representative Ashe of the 46th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for changes in procedures to be followed by school disciplinary officers, panels, and tribunals relating to notice and timing of decisions.
Referred to Education Committee.
HB 1494. By Representative Byrd of the 170th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to create a merit rating plan for certain workers' compensation claims.
Referred to Insurance and Labor Committee.
HB 1561. By Representatives Canty of the 52nd and Trense of the 44th:
A bill to amend Section 48-5-18 of the Official Code of Georgia Annotated, relat ing to the time for making tax returns, so as to change certain provisions regard ing the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census.
Referred to Finance and Public Utilities Committee.
HB 1575. By Representatives Jones of the 71st, Culbreth of the 132nd and Childers of the 13th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that a person entering an emergency facility shall be evaluated as soon as possible.
Referred to Health and Human Services Committee.

WEDNESDAY, MARCH 6, 1996

1025

HB 1626. By Representatives Baker of the 70th, Barnes of the 33rd, Crawford of the 129th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts shall grant continuances due to a party's or an attorney's attendance at the General Assembly.
Referred to Judiciary Committee.
HB 1637. By Representatives Bailey of the 93rd, Childers of the 13th, Benefield of the 96th and Powell of the 23rd:
A bill to amend Code Section 16-12-22.1 of the Official Code of Georgia Annotat ed, relating to raffles operated by nonprofit, tax-exempt organizations, so as to change certain provisions regarding special limited licenses to conduct raffles.
Referred to Consumer Affairs Committee.
HB 1683. By Representatives Mueller of the 152nd and Bordeaux of the 151st:
A bill to amend Code Section 48-5-295 of the Official Code of Georgia Annotated, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, so as to change the terms of office of members of county boards of tax assessors.
Referred to State and Local Governmental Operations (General) Committee.
HB 1785. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
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 add a provision dealing with the appropriation of funds for any fiscal year beginning July 1, 1996; to state legislative intent with respect to pro gram weights; to provide for a change in the program weights allotted to state authorized instructional programs.
Referred to Education Committee.
HR 885. By Representative Mosley of the 171st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County.
Referred to Finance and Public Utilities Committee.
HR 1003. By Representative Channell of the lllth:
A resolution designating the T. C. Hallman Memorial Bridge.
Referred to Transportation Committee.
HR 1004. By Representative Channell of the lllth:
A resolution designating the Gregory Bridge.
Referred to Transportation Committee.

1026

JOURNAL OF THE SENATE

HR 1005. By Representatives McKinney of the 51st, Walker of the 141st, Brooks of the 54th and others:
A resolution designating the Hamilton E. Holmes Drive in Fulton County.
Referred to Transportation Committee.
HR 1039. By Representative Jenkins of the 110th:
A resolution amending a resolution approved March 4, 1964, designating the "O. H. Banks Bridge", so as to redesignate said bridge as the "O. H. Banks Memorial Bridge".
Referred to Transportation Committee.
HR 1040. By Representative Jenkins of the 110th:
A resolution to amend a resolution approved March 3, 1964, designating the "E. Clyde Kelly Bridge", so as to redesignate said bridge as the "E. Clyde Kelly Me morial Bridge".
Referred to Transportation Committee.
HR 1073. By Representative Smith of the 169th:
A resolution designating the Daniel Warnell Lee Memorial Bridge.
Referred to Transportation Committee.
HB 1447. By Representative McKinney of the 51st:
A bill to re-create a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial jurisdiction of such cities.
Referred to State and Local Governmental Operations (General) Committee.
HB 1672. By Representatives Campbell of the 42nd and Trense of the 44th:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebted ness, in the amount of $20,000.00 of the assessed value of the homestead for each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year.
Referred to State and Local Governmental Operations Committee.
HB 1835. By Representatives Kinnamon of the 4th, Mann of the 5th and Lifsey of the 6th:
A bill to provide a homestead exemption from certain Whitfield County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school dis trict who are 65 years of age or older and whose income from all sources, includ ing the income of all individuals residing within said homestead, does not ex ceed $15,000.00 per annum.
Referred to State and Local Governmental Operations Committee.

WEDNESDAY, MARCH 6, 1996

1027

HB 1836. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide homestead exemptions from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 excluding certain benefits, and who are totally disabled paralyzed homeowners.
Referred to State and Local Governmental Operations Committee.
HB 1837. By Representative Stephenson of the 25th:
A bill to amend an Act entitled "An Act to create a board of county commission ers for the County of Jackson," so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and five commissioners.
Referred to State and Local Governmental Operations Committee.
HB 1840. By Representative Martin of the 47th:
A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, so as to change the provi sions relating to the United States decennial census used for the population classifications of such counties.
Referred to State and Local Governmental Operations (General) Committee. The following committee reports were read by the Secretary:
Mr. President:
The Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1265. Do pass by substitute.
Respectfully submitted, Senator Hooks of the 14th District, Chairman

Mr. President: The Committee on Corrections, Correctional Institutions and Property has had under
consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1154. Do pass by substitute.
Respectfully submitted, Senator Dean of the 31st District, Chairman

Mr. President:

The Committee on Ethics has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1232. Do pass.

HB 1336. Do pass.

1028

JOURNAL OF THE SENATE

HB 1518. Do pass by substitute.
Respectfully submitted, Senator Farrow of the 54th 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 598. Do pass.

HB 1235. Do pass.

HB 1234. Do pass.

HB 1287. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President: The Committee on Rules has had under consideration the following resolution of the
Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 621. Do pass.
Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President: The Committee on Special Judiciary has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1627. Do pass.
Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following resolution and bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HR 1032. Do pass.

HB 1591. Do pass.

HB 1255. Do pass.

HB 1723. Do pass.

HB 1368. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1675. Do pass.

HB 1743. Do pass.

WEDNESDAY, MARCH 6, 1996

1029

HB 1755. Do pass. HB 1768. Do pass.

HB 1766. Do pass. HB 1790. Do pass.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the
following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1519. Do pass.
Respectfully submitted, Senator Kemp of the 3rd District, Chairman

The following bills were read the second time:

HB 1078 HB 1586

HB 1088 HB 1638

HB 1188 HR 946

HB 1221

HB 1382

HB 1531

Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused due to illness. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Kemp was excused.
Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ralston Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not answering were Senators:

Abernathy Balfour Clay Edge

Egan Kemp (excused) Oliver Ragan

Ray (presiding) Slotin Tanksley

The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Mike Woods, pastor of First Baptist Church, Powder Springs, Georgia, who offered scripture reading and prayer.
Senator Edge of the 28th moved that Senator Tanksley of the 32nd be excused due to pressing business. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Tanksley was excused.

1030

JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 633. By Senator Hooks of the 14th:
A resolution commending Matt Troutman.
SR 634. By Senators Hooks of the 14th, Clay of the 37th, Thompson of the 33rd and others:
A resolution expressing regret at the passing of Honorable Jeptha C. Tanksley.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Wednesday, March 6, 1996
THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 1675 Johnson, 1st CITY OF TYBEE ISLAND
An Act to provide a homestead exemption from ad valorem taxes for city pur poses in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
HB 1743 Taylor, 12th WEBSTER COUNTY
An Act to amend an Act providing for the election of the initial chief magistrate of the Magistrate Court, so as to provide that the judge of the Probate Court shall also serve as the chief magistrate of the Magistrate Court.
HB 1755 Pollard, 24th MORGAN COUNTY An Act to create and establish the Madison-Morgan Airport Authority and to provide for the powers of such authority.
HB 1766 Johnson, 2nd EFFINGHAM COUNTY
An Act to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salary of the solicitor of such court.
HB 1768 Hill, 4th CITY OF BELLVILLE
An Act to reincorporate the City of Bellville.
HB 1790 Middleton, 50th HABERSHAM COUNTY
An Act to provide for an advisory referendum election for the purpose of deter mining whether an animal control department should be created.

WEDNESDAY, MARCH 6, 1996

1031

The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Lamutt Land Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Scott Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Blitch Clay Egan
Kemp (excused)

Langford Oliver Ray (presiding)

Slotin Tanksley (excused) Tysinger

On the passage of the local bills the yeas were 46, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
The President assumed the Chair.
Senator Marable of the 52nd introduced a group representing the Rural Health Care and Underserved Georgians Day, commended by SR 598, adopted previously.
The following resolution was read and adopted:

SR 635. By Senators Land of the 16th, Hooks of the 14th, Ralston of the 51st and others: A resolution commending Honorable Arthur B. Edge IV.

The Lieutenant Governor and Senator Land of the 16th spoke to the resolution.
Senator Ralston of the 51st introduced the family of the late Deputy Brett Dickey, commended by SR 587, adopted previously.

SENATE RULES CALENDAR
Wednesday, March 6, 1996 THIRTY-THIRD LEGISLATIVE DAY

SB 709 Education Reform Act of 1996--enact (Ed--12th) SB 528 Education--SAT preparatory course certain schools (Substitute) (Ed--35th) SB 742 Physicians Entering State for Consultation--regulations (H&HS--22nd)

1032

JOURNAL OF THE SENATE

SB 743 Physician's Delegation of Duties--relating to radiological technology (H&HS--22nd)
SB 710 Crossroads Alternative School Program--attend leadership programs (Ed--52nd)
SB 664 Bondspersons--approval by county governing authority (Amendment) (Judy--53rd)
SB 769 Certain Highway Signs--information on certain restaurants not excluded (Trans--27th)
SB 386 Theft by Shoplifting--maximum $250 property value for misdemeanor (Substi tute) (Judy--42nd)
SB 722 Local Boards of Education--qualifying for other office creates vacancy (Ed--56th)
SB 717 Education Grants--after-school programs for at-risk students (Ed--50th)
SR 567 New Drugs, Biologies Development--petition Congress to facilitate (Amend ment) (Rules--51st)
SR 590 Senate Study Committee on State Foster Care and Adoption--create (Rules--42nd)
SB 679 Certain Insurance Policies--prohibit nonrenewal for family violence (I&L--43rd)
SB 756 Medicare Supplement Insurance--implement Social Security Amendments of 1994 (I&L---55th)
SR 515 Joint Study Committee on Teen-age Pregnancy Prevention--create (Substitute) (Rules--10th)
SB 755 Insurance Fraud--redefine (I&L--55th)
SB 757 Insurance--amount of risks retainable by farmers' mutual insurance companies (I&L--55th)
SB 766 Insurance--notice required on termination, rate increase, etc. (I&L--17th)
SR 556 Joint Study Committee on Hospital Restructuring--create (Amendment) (Rules--33rd)
SR 557 Senate Study Committee on Hospital Restructuring--create (Amendment) (Rules--33rd)
SR 446 Senate Study Committee on Civil Justice Reform--create (Rules--16th) Respectfully submitted,
Isl Scott of the 36th, Chairman Senate Rules Committee

WEDNESDAY, MARCH 6, 1996

1033

The following general bills were read the third time and put upon their passage:
SB 709. By Senators Taylor of the 12th, Ray of the 19th, Hooks of the 14th and others:
A bill to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agricul ture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to amend Title 20 of the Official Code of Georgia An notated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education.
Senator Marable offered the following substitute to SB 709:
A BILL
To be entitled an Act to enact the "Education Reform Act of 1996"; to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, to provide that the Department of Agriculture shall carry out all functions and exercise all powers previously held by the Department of Education for school nutrition programs; to transfer certain equipment, positions, and appropriations from the Department of Educa tion; to provide for membership in retirement systems under certain circumstances; to pro vide for the continuation of applicable rules and regulations; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously per formed by the Department of Education and Department of Human Resources; to define terms; to provide for the appointment of a director; to establish the duties, powers, and authority of the director; to provide for the promulgation of rules and regulations; to estab lish the powers and duties of the office; to transfer certain equipment, positions, and appro priations from other agencies; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applicable rules and regulations; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary, secondary, and adult education; to provide the State School Superintendent with the limited authority to enter into contracts and to grant waivers; to provide that the De partment of Agriculture rather than the Department of Education shall be responsible for school breakfast and lunch programs; to remove the State Board of Education's authority over county and regional libraries and to grant such authority to the Department of Techni cal and Adult Education; to provide that the Department of Agriculture rather than the Department of Education shall be responsible for administering sick leave to food service personnel; to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relat ing to vocational education, so as to transfer to the Department of Technical and Adult Education all functions and powers previously performed by the Department of Education relating to public libraries and public library services; to transfer certain equipment, posi tions, and appropriations from the Department of Education; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applica ble rules and regulations; to amend Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, so as to provide that the Department of Technical and Adult Education rather than the State Board of Education shall give advice and counsel to libraries and communities proposing to establish libraries and so that the functions previ ously performed by the State Library Commission be performed by the Department of Technical and Adult Education; to provide for the Department of Technical and Adult Edu cation to receive funds for public libraries; to provide that annual reports be submitted to the Department of Technical and Adult Education; to provide that public library services be transferred to the Department of Technical and Adult Education; to amend the Inter state Library Compact, so as to change the definition of state library agency; to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to membership of the State Board for the Certification of Librarians, to provide that public library services is

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a division of the Department of Technical and Adult Education; to provide for related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SECTION 1.
This Act shall be known and may be cited as the "Education Reform Act of 1996."
SECTION 2.
Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding immediately following Code Section 2-2-12 a new Code section to read as follows:
"2-2-13.
(a) Effective July 1,1996, the Department of Agriculture shall carry out all the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of school nutrition programs, to include school breakfast, school lunch, special milk, commodity distribution, and nutrition education and training programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the Department of Agriculture.
(b) All transfers of employees and assets provided for in subsection (a) of this Code sec tion shall be subject to the approval of the Commissioner of Agriculture, and such per sonnel or assets shall not be transferred if the Commissioner of Agriculture determines that a specific employee or asset should remain with the transferring agency.
(c) Persons who have transferred to the Department of Agriculture pursuant to subsec tion (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(d) Persons who are transferred to the Department of Agriculture pursuant to subsection (a) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Agriculture, or otherwise held by persons at the time of employment with the Department of Agriculture, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Agriculture, un less such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Agri culture. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Agriculture shall be impaired.
(e) Newly hired employees of the Department of Agriculture who perform duties previ ously performed by the Department of Education in accordance with this Code section shall become members of the Employees' Retirement System of Georgia in accordance with Chapter 2 of Title 47.
(f) Funding for functions and positions transferred to the Department of Agriculture under this Code section shall be transferred as provided in Code Section 45-12-90.
(g) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the functions transferred to the

WEDNESDAY, MARCH 6, 1996

1035

department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the Department of Agriculture."
SECTION 3.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding between Chapters 1 and 2 a new Chapter 1A to read as follows:
"CHAPTER 1A
20-1A-1.
The Office of School Readiness is created as a department of the executive branch of state government, and said office shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Office of School Readiness shall be assigned for administrative purposes only, as that term is denned in Code Section 50-4-3, to the Department of Education. 20-1A-2.
As used in this chapter, the term:
(1) 'Director' means the Director of the Office of School Readiness.
(2) 'Office' means the Office of School Readiness. 20-1A-3.
(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor.
(b) The director shall have the authority to employ all personnel of the office, subject to the provisions of this chapter and all applicable provisions of other laws governing public employment.
(c) The director shall promulgate rules and regulations and establish procedures to carry out the provisions of this chapter. 20-1A-4.
The Office of School Readiness shall have the following powers and duties:
(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten;
(2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Headstart, Even Start, and child care regulation, food, and subsidy programs;
(3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and
(4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter. 20-1A-5.
(a) Effective April 1, 1996, the Office of School Readiness shall carry out all of the func tions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Head Start, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on March 31, 1996, shall, on April 1, 1996, be transferred to the Office of School Readi ness. All office equipment, furniture, and other assets in possession of the Department of

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Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 1, 1996.
(b) Effective April 1, 1996, the Office of School Readiness shall carry out all of the func tions and exercise all of the powers formerly held by the Department of Human Re sources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on March 31, 1996, shall, on April 1, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held ex clusively or principally by personnel transferred under this subsection shall be trans ferred to the Office of School Readiness on April 1, 1996.
(c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency.
(d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsections (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(e) All employees of the Office of School Readiness who are employed after the effective date of this chapter shall become members of the Employees' Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1.
(f) Persons who are transferred to the Office of School Readiness pursuant to subsection (a) or (b) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Office of School Readiness, or otherwise held by persons at the time of employment with the Office of School Readiness, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Office of School Readiness, un less such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Office of School Readiness. Except as provided in this subsection, no employment benefit of any em ployee transferring to the Office of School Readiness shall be impaired.
(g) Funding for functions and positions transferred to the Office of School Readiness under this chapter shall be transferred as provided in Code Section 45-12-90.
20-1A-6.
The Office of School Readiness shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Re sources, where applicable, which are in effect on July 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and proce dures shall remain in effect until amended, repealed, superseded, or nullified by the director."

WEDNESDAY, MARCH 6, 1996

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SECTION 4.
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 20-2-11, relating to certain duties of the State Board of Education, in its entirety and inserting in its place the following:
"20-2-11.
The State Board of Education State School Superintendent shall prepare and submit to the Governor and General As&embry State Board of Education for its acceptance, ap proval, and transmission to the Governor and the General Assembly an estimate of the funds necessary for the operation of the state public school system, ft The State Board of Education shall have general supervision of the Department of Education and may dele gate to the State School Superintendent the authority to employ and dismiss such cleri cal employees, supervisors, administrators, and other employees who are members of classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, toft 3.mount 3.HCI simicitiiicy 01 su.cn iimcis co DG in ttiG discretion 01 uri6 sttiLci DG&FCI, sucri funds to be disbursed by the superintendent in the payment of salaries and travel ex penses of employees and for printing, communication, equipment, repairs, and other ex penses incidental to the operation of the department."
SECTION 5.
Said chapter is further amended by striking Code Section 20-2-30, relating to the election and certain duties of the State School Superintendent, in its entirety and inserting in its place the following:
"20-2-30.
The State School Superintendent shall be elected by the persons qualified to vote for members of the General Assembly at the same time, ami in the same manner, and for the same term as the Governor is elected. A suitable o'ffice shall be furnished him or her at the seat of government. He or she shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business and shall from time to time prepare and transmit to them such instructions as he or she may deem necessary for the faithful and efficient execution of the school laws; and by what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties, provided there shall always be an appeal from the State School Superintendent to the State Board of Education."
SECTION 6.
Said chapter is further amended by striking Code Section 20-2-66, relating to school break fast programs, in its entirety and inserting in its place the following:
"20-2-66.
(a) Each local school system in this state is encouraged to establish and support a school breakfast program to make breakfast available to all students in kindergarten through grade eight. All school systems are required to establish and support a school breakfast program in all schools with kindergarten through grade eight if at least 25 percent of the student population is eligible for free or reduced price lunch under federal guidelines and in all schools not containing kindergarten through grade eight if at least 40 percent of the student population is eligible for free or reduced price lunch under federal guidelines. School breakfast programs shall be phased in over a period beginning September 1,1994, and ending June 15, 1996, in all such schools. Each local school system operating a school breakfast program pursuant to this Code section shall be reimbursed by the state at the federal reimbursement rate per meal prepared and served. The school breakfast

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program reimbursement by the state shall be automatically terminated if federal fund ing for this program ceases.
(b) The State Doaid uf Education Department of Agriculture shall promulgate rules and regulations which:
(1) Establish minimum nutritional requirements for school breakfast programs which meet or exceed the minimum federal regulations;
(2) Utilize federal standards of income eligibility for free or reduced price meals for lower income students;
(3) Prescribe uniform methods of determining eligibility for free or reduced price meals that are discreet and accessible. Each participating school system shall establish a method to regularly notify parents of the availability of the program;
(4) Provide that each participating local board of education submit a plan of compliance;
(5) Provide that compliance with the standards and regulations of the National School Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance with the requirements promulgated by the board Department of Agriculture;
(6) Assist the local school board in applying for and obtaining start-up grant money for such programs.
(c) Effective July 1, 1996, the Department of Agriculture shall carry out all the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the school breakfast programs. Such transfer shall be con ducted as prescribed in Code Section 2-2-13 and shall provide the same rights to trans ferred employees, funding, and succession of regulations, as provided in that Code section.
(d) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in eft'ect on June 30, 1996, and which relate to the school breakfast program functions transferred to the department. Such rules, regulations policies, and proce dures shall remain in effect until amended, repealed, superseded, or nullified by the De partment of Agriculture?'
SECTION 7.
Said chapter is further amended by striking Code Section 20-2-187, relating to state-wide school lunch programs, in its entirety and inserting in its place the following:
"20-2-187.
(a)(l) The Slate Duaid of Education Department of Agriculture shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The slate boaid Department of Agriculture shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The htatebuaiil Department of Agriculture is authorized to pro vide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by fed eral funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administra tion; and
(C) State incentive pay for satisfactory completion of such training programs.
(2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students.

WEDNESDAY, MARCH 6, 1996

1039

(b) The State Board of Education Department of Agriculture is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources avail able to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which may be nec essary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c)(l) The State Board of Education Department of Agriculture shall establish a system of allotment of funds to local units of administration to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied by an annual base payment. For each school food manager, the local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future an nual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board Department of Agricul ture shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of school lunches served during the preceding school year.
(3) Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base pay ments in financing the locally established salary schedule.
(d) Effective July 1,1996, the Department of Agriculture shall carry out all the functions and exercise all the powers formerly held by the Department of Education for the opera tion and management of the school lunch program, Such transfer shall be conducted in the same manner as prescribed in Code Section 2-2-13 and shall provide the same rights to transferred employees, as well as the same funding, as provided in that Code section?
(e) The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable" which are in effect on June 30, 1996, and which relate to the school lunch program func tions transferred to the department. Such rules, regulations, policies, and procedures sEall remain in effect until amended, repealed, superseded, or nullified by the Depart ment of Agriculture."
SECTION 8.
Said chapter is further amended by striking Code Section 20-2-241, relating to the State School Superintendent, in its entirety and inserting in its place the following:
"20-2-241.
(a) The State School Superintendent shall be the executive officer of the State Board of Education and the administrative chief executive officer of the Department of Education. The State School Superintendent is authorized to organize and reorganize the Depart ment of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner

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as the State School Superintendent deems necessary or desirable for the more economi cal or effective organization, administration, or functioning of the department. He or she shall also be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and stan dards adopted or prescribed by the state board for the implementation, administration or enforcement of such laws.
(b) The State School Superintendent shall have the authority to enter into any contract on behalf of the department if the amount of such contract does not exceed $100,000.00.
(c) The State School Superintendent shall have the authority to grant waivers of any rules or regulations promulgated by tEe State Board of Education concerning the opera tions of the department and as may be necessary to carry out the duties and responsibili ties imposed upon him or her by law; provided, however, that the effectiveness of any waiver granted by the State School Superintendent shall be conditioned on approval by the State Board of Education."
SECTION 9.
Said chapter is further amended by striking Code Section 20-2-305, relating to county and regional libraries, in its entirety and inserting in its place the following:
"20-2-305.
(a) The State Duaid of Education Department of Technical and Adult Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librari ans, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than S5# 35 cents per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library require ments prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The State Doaid of Education Department of Technical and Adult Education shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and disabled citizens of this state.
(c) The State Doaid of Education Department of Technical and Adult Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The State Duai'd of Education Department of Technical and Adult Education is au thorized as the sole agency to receive federal funds allotted to this state for public libraries.
(e) The State Board of Education State Board of Technical and Adult Education shall adopt policies and regulations to implement this Code section."
SECTION 10.
Said chapter is further amended by striking Article 28 of Chapter 2 in its entirety and inserting in its place the following:

WEDNESDAY, MARCH 6, 1996

1041

"ARTICLE 28
20-2-1190.
The State Board of Education Department of Agriculture shall establish by rules or regu lations a system of allotment of state tunds to local school systems to provide five days' sick leave for each fiscal school year for each full-time school food service manager and each full-time school food service employee.
20-2-1191.
The rules or regulations of the Btate Duaid of Education Department of Agriculture adopted pursuant to Code Section 20-2-1190 shall be subject to the following requirements:
(1) School food service managers and employees who are eligible for membership in the Public School Employees Retirement System shall qualify for sick leave under this article;
(2) Funds for sick leave shall be allotted on the basis of the state-wide average compen sation for full-time food service managers and the state-wide average compensation for full-time school food service employees as such averages are determined by the State Duai d of Education Department of Agriculture; and
(3) Unused sick leave shall be accumulated from one school year to the next up to a maximum of ten days.
20-2-1192.
The funds necessary to carry out the provisions of this article shall come from funds appropriated by the General Assembly to the Btatu Doaid of Education Department of Agriculture for the purpose of paying the costs of providing sick leave for food service personnel.
20-2-1193.
The Department of Agriculture shall succeed to all rules, regulations, policies, proce dures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to food service personnel Such rules, regulations, policies, and procedures shall remain in eflect until amended, re pealed, superseded, or nullified by the Department of Agriculture."
SECTION 11.
Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational edu cation, is amended by adding between Code Sections 20-4-14 and 20-4-15 a new Code sec tion to read as follows:
"20-4-14.1.
(a) Effective July 1, 1996, the Department of Technical and Adult Education shall carry out all the functions and exercise all of the powers formerly held by the State Board of Education and the Department of Education for the operation and management of public library services and public libraries. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to per form these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the De partment of Technical and Adult Education. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Department of Technical and Adult Education on July 1, 1996.
(b) All transfers of employees and assets provided for in subsection (a) of this Code sec tion shall be subject to the approval of the commissioner of technical and adult education, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency.

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(c) Persons who have transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(d) Persons who are transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are members of the Employees' Re tirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Technical and Adult Education, or otherwise held by persons at the time of employment with the Department of Technical and Adult Educa tion, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Technical and Adult Education, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Technical and Adult Educa tion shall be impaired.
(e) Newly hired employees of the Department of Technical and Adult Education who per form duties previously performed by the Department of Education in accordance with this Code section shall become members in a retirement system as provided in Code Sec tion 20-4-25 or 20-4-26.
(f) Funding for functions and positions transferred to the Department of Technical and Adult Education under this Code section shall be transferred as provided in Code Section 45-12-90.
(g) The Department of Technical and Adult Education shall succeed to all rules, regula tions, policies, procedures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the State Board or Department of Technical and Adult Education."
SECTION 12.
Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, is amended by striking Code Section 20-5-2, relating to the powers and duties of the State Board of Education, in its entirety and inserting in its place the following:
"20-5-2.
(a) The State Board of Education Department of Technical and Adult Education shall give aid, advice, and counsel to all libraries and to communities which may propose to establish libraries as to the best means of establishing and administering them, the se lection of books, cataloging, and other details of library management and shall exercise supervision over all public libraries and endeavor to improve libraries already estab lished. The state-board Department of Technical and Adult Education may also conduct a book-lending and information service for the benefit of the citizens of the state, free of cost except postage. The state board Department of Technical and Adult Education is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The state board Department of Technical and Adult Education may also em ploy the necessary professional and clerical staff upon the recommendation of tlm State

WEDNESDAY, MARCH 6, 1996

1043

School Onyeimtendeiit to carry on the work as stated in this Code section and may pay their necessary traveling expenses while engaged in such work.
(b) The stain board Department of Technical and Adult Education shall have authority to accept gifts of books, money, or other property from any public or private source, includ ing the federal government; and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this article.
(c) The State Library Commission is abolished, and the functions and services exercised and performed by it shall be exercised and performed by the Btate Duaid uf Education Department of Technical and Adult Education.
(d) The collection of books, periodicals, documents, and other library materials held by the &tate buaid Department of Technical and Adult Education is designated as the State Library.
(e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The re port shall also contain a statement noting the frequency of publication of each such pub lic document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For pur poses of this article, 'public documents' shall mean the books, magazines, journals, pam phlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bu reau, commission, or other institution of the executive branch of state government.
(f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted.
(g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the direc tor of the University of Georgia Libraries.
(h) The Department of Administrative Services, the Georgia Correctional Industries Ad ministration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month.
(i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate.
(j) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are

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JOURNAL OF THE SENATE

required to deposit with the director of the University of Georgia Libraries for that pur pose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries.
(k) The director of the University of Georgia Libraries may transfer books and other li brary holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the Univer sity of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books.
(1) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional person nel, to carry out the powers and duties set forth in this Code section."
SECTION 13.
Said chapter is further amended by striking Code Section 20-5-3, relating to disbursement of funds, in its entirety and inserting in its place the following:
"20-5-3.
In order to effectuate the purposes of this article there shall be made available to the OULe Board of Education Department of Technical and Adult Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the state board Department of Technical and Adult Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards or to the other legally constituted local library boards as may now or hereafter be established by law. The state boaid Department of Technical and Adult Education shall use such funds for the purpose of aiding and supplementing the establishment and development of public library services."
SECTION 14.
Said chapter is further amended by striking Code Section 20-5-4, relating to annual re ports by public libraries, in its entirety and inserting in its place the following:
"20-5-4.
All public libraries in the state shall submit reports annually to the State Duard of Edu cation Department of Technical and Adult Education."
SECTION 15.
Said chapter is further amended by striking Code Section 20-5-45, relating to the duties and responsibilities of directors of public libraries, in its entirety and inserting in its place the following:
"20-5-45.
Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate, as defined by the State Board for the Certification of Librarians; provided, however, that any person who is was serving as acting director of a public library system ort as of July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following:

WEDNESDAY, MARCH 6, 1996

1045

(1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or termi nate other staff members if so authorized by the library board;
(2) To attend all meetings called by the Division Office of Public Library Services of the Department of Education Department of Technical and Adult Education or send a sub stitute authorized by the division director;
(3) To prepare any local, state, or federal annual budgets;
(4) To notify the board of trustees and the Division Office of Public Library Services of the Department of Education Department of Technical and Adult Education of any failure to comply with:
(A) Policies of the board;
(B) Criteria for state aid;
(C) State and federal rules and regulations; and
(D) All applicable local, state, or federal laws:
(5) To administer the total library program, including all affiliated libraries, in accord ance with policies adopted by the system board of trustees; and
(6) To attend all meetings of the system board of trustees and affiliated boards of trust ees or to designate a person to attend in his or her place."
SECTION 16.
Said chapter is further amended by striking subsection (c) of Code Section 20-5-47, relating to a written constitution, in its entirety and inserting in its place the following:
"(c) All current constitutions and bylaws must be on file in the Division Office of Public Library Services of the Depai Imeiit uf Education Department of Technical and Adult Education, and all amendments must be filed with the division immediately upon adoption."
SECTION 17.
Said chapter is further amended by striking Code Section 20-5-48, relating to ownership of library property, in its entirety and inserting in its place the following:
"20-5-48.
(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Division Office of Public Library Services of the Department of Education Depart ment of Technical and Adult Education; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Division Office of Public Library Services of the Department of Education Department of Technical and Adult Education shall serve as mediator in de termining ownership of property.
(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs

1046

JOURNAL OP THE SENATE

of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Division Office of Public Li brary Services of the Department of Education Department of Technical and Adult Edu cation or its designee."
SECTION 18.
Said chapter is further amended by striking Code Section 20-5-51, relating to dissolution of or withdrawal from a library system, in its entirety and inserting in its place the following:
"20-5-51.
(a) A library system shall be dissolved by a reversal of procedures followed in its original organization. A majority of the board members in a majority of the counties must agree to the dissolution of the system. One county in a multicounty system may withdraw by a reversal of the procedure by which the county became a member.
(b) If the local constitution and bylaws or participating agreement does not specify a notification period for withdrawal, the proper notice shall be sent six months prior to the end of the state fiscal year. This notice must include reasons for the withdrawal and the method by which the decision was reached and must be sent to the chairman of the sys tem board of trustees and the system library director. The Division Office of Public Li brary Services of the Department of Education Department of Technical and Adult Education must be notified of the receipt of this letter of intent within five working days.
(c) Upon dissolution or withdrawal, no further state or federal grant funds shall be paid for or to the dissolving or withdrawing unit or units until such time as the unit or units reestablish the library or libraries pursuant to this part and meet eligibility require ments for such grant funds.
(d) A multicounty regional system may elect to expel a member county upon the following conditions:
(1) Failure of the county to maintain the agreed level of support to the regional system as in the most recent system-participating agreement; or
(2) Failure of the county to meet criteria which may jeopardize the system's eligibility for state or federal funds.
(e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairman chairperson of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Division Office of Public Library Services of the Be= partnieiil uf Education Department of Technical and Adult Education.
(f) Upon total dissolution of a library system, all property shall be disposed of as pro vided in this part."
SECTION 19.
Said chapter is further amended by striking Code Section 20-5-60, relating to the definition of state library agency as used in the interstate library compact, in its entirety and in serting in its place the following:
"20-5-60.
As used in the Interstate Library Compact, 'state library agency,' with reference to this state, means the Public Library Service Unit Office of the Department of Education De partment of Technical and Adult Education of Georgia."

WEDNESDAY, MARCH 6, 1996

1047

SECTION 20.
Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, is amended by striking Code Section 43-24-2, relating to membership of the State Board for the Certification of Librarians, in its entirety and inserting in its place the following:
"43-24-2.
(a) The State Board for the Certification of Librarians is created, to consist of six persons as follows:
(1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library;
(2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and
(3) The director of public library services of the Department, of Education Department of Technical and Adult Education.
(b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code sec tion shall be appointed by the Governor and shall be confirmed by the Senate.
(c) The terms of the five members appointed pursuant to paragraphs (1) and (2) of subsec tion (a) of this Code section shall be five years. The term of the director of public library services of the Department of Education Department of Technical and Adult Education shall be coextensive with the term of office of this position.
(d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
(e) If there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term."
SECTION 21.
(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996.
(b) Section 3 of this Act shall become effective on April 1, 1996.
SECTION 22.
All laws and parts of laws in conflict with this Act are repealed.
Senator Glanton of the 34th offered the following amendment:
Amend the Marable substitute to SB 709 as follows:
On Page 4 starting on line 23 continuing through page 8 line 2 delete Section 3 and renumber accordingly.
On Page 1 starting on line 11 after "regulations;" delete through "regulations;" on line 24 page 1.
Senator Marable of the 52nd asked unanimous consent to withdraw his substitute to SB 709.
The consent was granted and the substitute was withdrawn; therefore the Glanton amendment to the Marable substitute was moot.
Senator Marable of the 52nd offered the following amendment:
Amend SB 709 by striking in their entirety lines 15 through 17 on page 9, which read as follows:
"official duties. , provided time shall always be an appeal fiom the State School Superin tendent, lu the" Stale Board uf Education. He or she shall also be the chief executive",

1048

JOURNAL OF THE SENATE

and inserting in lieu thereof the following:
"official duties, provided there shall always be an appeal from the State School Superin tendent to the State Board of Education. He or she shall also be the chief executive".
On the adoption of the amendment, Senator Newbill of the 56th called for the yeas and nays, and the vote was as follows:

Those voting in the affirmative were Senators:

Farrow Johnson of 2nd

Marable Perdue

Ragan Starr

Those voting in the negative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge

Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford

Madden McGuire Middleton Newbill Oliver Pollard Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting were Senators Slotin and Tanksley (excused).

On the adoption of the amendment, the yeas were 6, nays 48; and the Marable (AM 10 0518) amendment lost.
Senator Marable of the 52nd offered the following amendment:
Amend SB 709 by adding on line 33 of page 14 between the word "department" and the period the following:
", with the approval of the State Board of Education".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Marable

Perdue Ragan

Starr

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden McGuire Middleton Newbill

WEDNESDAY, MARCH 6, 1996

1049

Oliver Pollard Ralston Ray

Scott Stokes Taylor Thomas

Thompson Turner Tysinger Walker

Those not voting were Senators:

Johnson of 2nd

Slotin

Tanksley (excused)

On the adoption of the amendment, the yeas were 5, nays 48; and the Marable (AM 10 0519) amendment lost.
Senator Marable of the 52nd offered the following amendment:
Amend SB 709 by adding on line 2 of page 15 between the word "guidelines" and the period the following:
", with the approval of the State Board of Education".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Henson Marable

Perdue Ragan

Starr

Those voting in the negative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden

McGuire Middleton Newbill Oliver Pollard Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Johnson of 2nd

Slotin Tanksley (excused)

On the adoption of the amendment, the yeas were 5, nays 47; and the Marable (AM 10 0520) amendment lost.
Senator Marable of the 52nd offered the following amendment:
Amend SB 709 by adding on line 6 of page 15 between the word "department" and the period the following:
", provided that any such contract in excess of $100,000.00 shall be subject to the ap proval of the State Board of Education".

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JOURNAL OF THE SENATE

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Henson Marable

Perdue Ragan

Starr

Those voting in the negative were Senators:

Abernathy Balfour
Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Clay Crotts Day Dean Edge

Egan Farrow
Gillis Glanton Gochenour Griffin Guhl Harbison Hill
Hooks James Johnson of 1st Kemp Lamutt Land Langford

Madden McGuire
Middleton Newbill Oliver Pollard Ralston Ray Scott
Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Johnson of 2nd

Slotin

Tanksley (excused)

On the adoption of the amendment, the yeas were 5, nays 48; and the Marable (AM 10 0521) amendment lost.
Senator Marable of the 52nd offered the following amendment:
Amend SB 709 by adding on line 12 of page 15 between the word "law" and the period the following:
"; provided, however, that the effectiveness of any waiver granted by the State School Superintendent shall be conditioned on the approval of the State Board of Education".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Marable Perdue

Ragan Starr

Those voting in the negative 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 Johnson of 1st Kemp Lamutt Land Langford Madden McGuire Middleton Newbill Oliver Pollard Ralston

WEDNESDAY, MARCH 6, 1996

1051

Ray Scott Stokes

Taylor Thomas Thompson

Turner Tysinger Walker

Those not voting were Senators:

James Johnson of 2nd

Slotin Tanksley (excused)

On the adoption of the amendment, the yeas were 4, nays 48; and the Marable (AM 10 0522) amendment lost.

Senator Glanton of the 34th offered the following amendment:

Amend SB 709 as follows:

On page 4 starting on line 33 continuing through page 8 line 10 delete Section 3 and renumber accordingly.

On page 1 starting on line 11 after "regulations;" delete through "regulations;" on line 24 page 1.

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

Day Farrow Glanton Gochenour Johnson of 1st

McGuire Perdue Ralston Starr

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Edge Egan Gillis Griffin

Guhl Harbison Henson Hill Hooks James Kemp Lamutt Land Langford Madden Marable Middleton

Newbill Oliver Pollard Ragan Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Johnson of 2nd

Slotin

Tanksley (excused)

On the adoption of the amendment, the yeas were 14, nays 39; and the Glanton amend ment to SB 709 lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch

Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks Clay

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JOURNAL OF THE SENATE

Crotts Day Dean Edge Egan Farrow Gillis Gochenour Griffin
Guhl Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden
McGuire Middleton Newbill Oliver

Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas
Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Glanton

Marable

Perdue

Not voting were Senators Slotin and Tanksley (excused).

On the passage of the bill, the yeas were 51, nays 3.
The bill, having received the requisite constitutional majority, was passed.
Senator Marable of the 52nd moved that Senator Thompson of the 33rd be excused due to outside business. On the motion, the yeas were 42, nays 0; the motion prevailed, and Senator Thompson was excused.
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 1430. By Representative Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts.
The following bill was read the first time and referred to committee:

HB 1430. By Representative Barnes of the 33rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to comprehensively revise the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts.
Referred to Judiciary Committee.
The Calendar was resumed.

SB 528. By Senator James of the 35th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to pro vide for implementation of a Scholastic Aptitude Test preparatory course for certain public schools receiving state funds; to provide that the contents of such

WEDNESDAY, MARCH 6, 1996

1053

course shall be prescribed by each local board of education; to provide for elec tive credit for such course.
The Senate Committee on Education offered the following substitute to SB 528:
A BILL
To be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to author ize implementation of a Scholastic Aptitude Test preparatory course for certain public schools; to provide that the contents of such course may be prescribed by each local board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to competencies and core curriculum, is amended by adding at the end thereof a new Code Section 20-2-145 to read as follows:
"20-2-145.

(a) All schools with grade ten or above may make available to eligible students a Scholas tic Aptitude Test preparatory course. Such course of study may be designed to offer an opportunity for review and practice to students preparing to take the Scholastic Aptitude Test. The course may be offered periodically in the manner prescribed by the local board.
(b) Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such Scholastic Aptitude Test preparatory course with such specific curriculum standards as it may deem appropriate."

SECTION 2

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ray Scott Stokes Taylor Thomas Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Cheeks Egan Glanton Hill

Madden Perdue Ralston Slotin

Starr Tanksley (excused) Thompson (excused)

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Ray of the 19th introduced the doctor of the day, Dr. John Glen of Eastman, Georgia.

SB 742. By Senators Walker of the 22nd and Thomas of the 10th:

A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change the provisions relating to phy sicians of other states and foreign countries entering this state for consultation; to provide for rules and regulations; to provide for registration.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Crotts Day Dean Edge Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Stokes Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Cheeks Egan Langford

Slotin Starr

Tanksley (excused) Thompson (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 743. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotat ed, relating to delegation of authority by a physician to a nurse or physician's assistant, so as to provide that the Composite State Board of Medical Examiners

WEDNESDAY, MARCH 6, 1996

1055

shall provide by rule or regulation for the scope of authority of licensed physi cians to delegate to a qualified person any acts, duties, or responsibilities relat ing to radiological technology.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Blitch Langford

Slotin Tanksley (excused)

Thompson (excused)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 710. By Senators Marable of the 52nd, Dean of the 31st and Gillis of the 20th:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to allow Cross roads Alternative School Program staff and students from local school systems to participate in staff development and youth leadership programs on the cam pus of the Georgia School for the Deaf.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch
Boshears Bowen Broun of 46th Brown of 26th
Cheeks Dean Egan Farrow Gillis

Griffin Harbison
Henson Hill Hooks James
Johnson of 2nd Kemp Langford Madden Marable

Middleton Pollard
Ragan Ray Scott Starr
Stokes Taylor Thomas Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Black Cagle Clay Crotts Day

Edge Gochenour Guhl Johnson of 1st Lamutt

Those not voting were Senators:

Abernathy Burton Glanton

Oliver Perdue Slotin

Land McGuire Newbill Ralston Tysinger
Tanksley (excused) Thompson (excused)

On the passage of the bill, the yeas were 33, nays 15. The bill, having received the requisite constitutional majority, was passed. At 12:18 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. today. The President called the Senate to order at 1:40 P.M. The following general bills were read the third time and put upon their passage:

SB 664. By Senators Black of the 53rd, Guhl of the 45th, Day of the 48th and others:

A bill to amend Code Section 17-6-50 of the Official Code of Georgia Annotated, relating to persons deemed professional bondspersons, so as to provide that such persons may be approved by the governing authority of the county in which such business is transacted.

The Senate Judiciary Committee offered the following amendment:
Amend SB 664 by striking in their entirety lines 3 through 5 of page 1 and inserting in lieu thereof the following:
"bondspersons, so as to provide that approval of such persons by the sheriff shall not be unreasonably withheld; to repeal conflicting laws; and".
By striking in their entirety lines 22 and 23 of page 1 and inserting in lieu thereof the following:
"(4) Is approved by the sheriff, which approval shall not be unreasonably withheld, and remains in good standing".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Hooks Johnson of 1st Kemp Lamutt Land Marable McGuire Middleton Newbill

WEDNESDAY, MARCH 6, 1996

1057

Oliver Perdue Pollard Ragan Ralston

Ray Scott Starr Stokes

Taylor Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen James Johnson of 2nd

Langford Madden Slotin

Tanksley (excused) Thomas Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

SB 769. By Senators Gochenour of the 27th, Thompson of the 33rd, Ralston of the 51st and Dean of the 31st:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals along the state high way system, so as to provide that information concerning certain restaurants shall not be excluded from certain authorized signs, displays, and devices er ected and maintained within the rights of way of the interstate system.

Senator McGuire of the 30th moved that he be excused from voting on SB 769 pursu ant to Senate Rule 175.

On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator McGuire was excused from voting on SB 769.
Senator Balfour of the 9th moved that he be excused from voting on SB 769 pursuant to Senate Rule 175.
On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Balfour was excused from voting on SB 769.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Boshears Bowen
Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Gillis

Glanton Gochenour Guhl
Hill Hooks James Kemp Lamutt Land Madden Marable Middleton

Newbill Perdue Pollard
Ragan Ralston Ray Scott Starr Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Blitch Brown of 26th Egan Farrow Griffin

Harbison Henson Johnson of 1st Langford

Oliver Stokes Thomas Walker

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Those not voting were Senators:

Abernathy Balfour (excused)

Johnson of 2nd McGuire (excused)

Slotin Tanksley (excused)

On the passage of the bill, the yeas were 37, nays 13. The bill, having received the requisite constitutional majority, was passed.

SB 386. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to increase the maximum property value for misdemeanor shiplifting from $100.00 to $250.00
The Senate Judiciary Committee offered the following substitute to SB 386:
A BILL
To be entitled an Act to amend Code Section 16-8-14 of the Official Code of Georgia Anno tated, relating to theft by shoplifting, so as to increase the maximum property value for misdemeanor shoplifting from $100.00 to $200.00; to amend Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to municipal court jurisdiction over shoplifting cases, so as to increase the maximum property value of such cases from $100.00 to $200.00; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shop lifting, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b)(l) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section when the property which was the subject of the theft is $100.00 $200.00 or less in value, shall be punished as for a misdemeanor; provided, however, that:
(A) Upon conviction of a second such offense, in addition to or in lieu of any imprison ment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;
(B) Upon conviction of a third such offense, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days; and such sentence of imprisonment shall not be suspended, probated, de ferred, or withheld; and
(C) Upon conviction of a fourth or subsequent such offense, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.
(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $100.00 $200.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years."
SECTION 2.
Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to municipal court jurisdiction over shoplifting cases, is amended by striking in their entirety subsections (a), (b), and (c) and inserting in their place new subsections (a), (b), and (c) to read as follows:

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"(a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first or second offense of theft by shoplifting when the property which was the subject of the theft was valued at 0100.00 $200.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any defendant charged in a municipal court with a first or second offense of theft by shoplifting property valued at $100.00 $200.00 or less shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(c) A person convicted in a municipal court of a first or second offense of theft by shoplift ing property valued at $100.00 $200.00 or less shall be punished as provided in para graph (1) of subsection (b) of Code Section 16-8-14, provided that nothing in this Code section or Code Section 16-8-14 shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brown of 26th Clay Farrow Griffin

Harbison James Kemp Langford Middleton Oliver

Ralston Scott Stokes Thomas Tysinger Walker

Those voting in the negative were Senators:

Balfour Black Blitch Burton Cagle Cheeks Crotts Day Dean Edge Egan

Gillis Glanton Gochenour Guhl Henson Hill Johnson of 2nd Johnson of 1st Lamutt Land Madden

Marable McGuire Newbill Perdue Pollard Ragan Ray Taylor Thompson Turner

Those not voting were Senators:

Abernathy Hooks

Slotin Starr

Tanksley (excused)

On the passage of the bill, the yeas were 19, nays 32. The bill, having failed to receive the requisite constitutional majority, lost.

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SB 717. By Senator 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, so as to change the provisions regarding joint after-school programs for at-risk students; to pro vide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Stokes Taylor Thomas Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Black Hill

Slotin Starr

Tanksley (excused) Walker

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 567. By Senator Ralston of the 51st:

A resolution memorializing the Congress of the United States to amend the fed eral Food, Drug, and Cosmetic Act and the Public Health Service Act to facili tate the development and approval of new drugs and biologies.

The Senate Rules Committee offered the following amendment:
Amend SR 567 by striking "Memorializing" and inserting "Urging" on line 1 of page 1.
On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears

Bowen Broun of 46th Burton Cagle

Cheeks Clay Crotts Day

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Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Perdue

Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Black Brown of 26th

Oliver Slotin

Tanksley (excused)

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 590. By Senators Oliver of the 42nd, Ray of the 19th and Land of the 16th:

A resolution creating the Senate Study Committee on State Foster Care and Adoption.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black
Blitch Boshears
Bowen Broun of 46th
Burton
Cagle Cheeks Clay Day Dean
Edge Egan
Farrow Gillis

Glanton Gochenour Griffin
Guhl Harbison
Henson Hill
Hooks
James Johnson of 2nd Johnson of 1st Kemp Lamutt
Land Langford
Madden Marable

McGuire Middleton Newbill
Oliver Pollard
Ragan Ralston
Ray
Scott Starr Stokes Taylor Thomas
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Brown of 26th Crotts

Perdue Slotin

Tanksley (excused)

On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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Senator Pollard of the 24th moved that the following bill, having been placed on the Table March 15, 1995, be taken from the Table:

HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th and others:

A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 26th

Hill Johnson of 2nd

Slotin Tanksley (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed, and HB 626 was taken from the Table and placed at the bottom of the Calendar for today.
The Calendar was resumed.

SB 679. By Senators Stokes of the 43rd, Ray of the 19th and Henson of the 55th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that an insurer may not refuse to renew a policy of casualty insurance covering residential property or an individual or group accident and sickness policy be cause of certain reports identifying the insured as a victim of family violence.
Senator Stokes of the 43rd offered the following amendment:
Amend SB 679 by striking on line 13 of page 2 "nonrewal" and inserting in lieu thereof the word "nonrenewal".
By redesignating the second Section 2 on page 2 as Section 3.
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Day Dean Farrow Gillis Glanton

Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Turner Walker

Those voting in the negative were Senators:

Clay Crotts Edge

Egan Guhl

Lamutt Tysinger

Those not voting were Senators:

Slotin

Tanksley (excused)

Thompson

On the passage of the bill, the yeas were 46, nays 7. The bill, having received the requisite constitutional majority, was passed as amended.

SB 756. By Senator Henson of the 55th:

A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to implement the require ments of the Social Security Act Amendments of 1994; to provide for related matters; to provide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears
Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks
Clay Crotts Day

Dean Egan Farrow Gillis Glanton
Gochenour
Griffin Guhl Harbison Henson Hill
Hooks James Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Langford
Madden
Marable McGuire Middleton Newbill Pollard
Ragan Ralston Ray

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Scott Starr Stokes

Taylor Turner

Those not voting were Senators:

Edge Oliver Perdue

Slotin Tanksley (excused)

Tysinger Walker
Thomas Thompson

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SR 515. By Senator Thomas of the 10th:
A resolution creating the Joint Study Committee on Teen-age Pregnancy Pre vention.

The Senate Rules Committee offered the following substitute to SR 515:
A RESOLUTION
Creating the Joint Study Committee on Teen-age Pregnancy Prevention; and for other purposes.
WHEREAS, the risk factors associated with teen-age pregnancy and childbearing are sig nificant, and babies born to teens often have to overcome great odds to thrive; and
WHEREAS, early prevention is crucial since statistics show that 53.8 percent of the state's teen-agers were under age 15 years and 23.1 percent were under age 13 years when they first became sexually active; and
WHEREAS, in 1991, the state spent $536 million on welfare, food stamps, medical care, child care, and special education services for families started by teen-agers; and
WHEREAS, 60.3 percent of the state's high school students indicate that they have en gaged in sexual intercourse; and
WHEREAS, for every dollar spent supporting families begun by teenagers, only two cents is spent on preventing teen-age pregnancy; and
WHEREAS, teens who become fathers seldom earn as much as those who postpone procre ation, and, by age 23, only 65 percent of males who were teen-age fathers have completed high school, including GED recipients, compared to 85 percent of other young men; and
WHEREAS, pregnancy and childbirth among unmarried adolescents, especially young ado lescents, frequently result in severely damaging health, social, and economic consequences, which include increased incidence of pregnancy and childbirth complications; higher rates of low birthweight and developmental disabilities; higher infant mortality and morbidity; increased frequency of school failure and dropouts; increased likelihood that an adolescent marriage will end in divorce; and greater risks of unemployment and welfare dependency; and
WHEREAS, these consequences present threats to family security and the economic and social health of the State of Georgia; and
WHEREAS, it is the intent of the General Assembly to develop, within existing appropria tions, a state-wide comprehensive plan, in collaboration with the Department of Human Resources, the State Board of Education, the Department of Children and Youth Services, the Department of Medical Assistance, and the Governor's Policy Council on Children and Families for the reduction of the number of teen-age pregnancies in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on Teenage-Pregnancy to be composed of 16 members as follows:

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(1) Five members of the Senate to be appointed by the President of the Senate;
(2) Five members of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(3) The State School Superintendent or the superintendent's designee thereof;
(4) The Commissioner of Human Resources or the commissioner's designee thereof;
(5) The commissioner of the Department of Medical Assistance or the commissioner's designee thereof;
(6) The director of the Division of Public Health of the Department of Human Resources or the director's designee thereof;
(7) The commissioner of the Department of Children and Youth Services or the commis sioner's designee thereof; and
(8) The director of the Governor's Policy Council on Children and Families or the direc tor's designee thereof.
The President of the Senate and the Speaker of the House of Representatives shall each appoint one of the legislative members to serve as cochairperson.
BE IT FURTHER RESOLVED that it shall be the duty of the committee to develop a state wide plan to reduce teen-age pregnancy and childbearing in Georgia; to gather, analyze, and publish data; to study existing programs relating to teen-age pregnancy and their ef fectiveness; to establish measurable goals for the reduction of the number of adolescent pregnancies; to recommend the development and implementation of model programs based upon the committee's findings; to review and assess the feasibility of establishing super vised after-school and summer programs for middle school children; to review the effective ness of educational programs providing life skills, decision-making skills, and other programs and services to adolescents; and to evaluate underlying factors contributing to teen-age pregnancy, including sexual abuse and poverty.
BE IT FURTHER RESOLVED that each officer, board, commission, council, department, or agency of state government shall, when not inconsistent with any law, rule, or regula tion regarding confidentiality, make available all facts, records, information, and data re quested by the committee and in all ways cooperate with the committee in carrying out the functions and duties imposed by this resolution.
BE IT FURTHER RESOLVED that this resolution shall become effective upon its signing. Vacancies on the committee shall be filled in the same manner as the initial appointments to the committee were made.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and pur poses of this resolution. The committee may accept grants to carry out its duties and ac complish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than five days unless additional days are authorized. Members of the committee who are employees of the state shall receive no compensation for their services on the committee, but they shall be reimbursed for ex penses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of any state employee, other than a legislative member, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of govern ment. The committee shall stand abolished on December 31, 1996.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

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On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Day Dean Edge Egan Farrow Gillis

Gochenour Griffin Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Clay Glanton

Guhl Newbill

Those not voting were Senators:

Blitch

Slotin

Tanksley (excused)

On the adoption of the resolution, the yeas were 49, nays 4.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

SB 755. By Senator Henson of the 55th:

A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Insurance Code," and Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to change the definition of insurance fraud; to provide civil immunity to certain persons sharing information regarding fraudulent in surance acts.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay

Crotts Day Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

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Marable McGuire Middleton Newbill Oliver Perdue

Pollard Ralston Ray Scott Starr Stokes

Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Cheeks Egan

Ragan Slotin

Tanksley (excused)

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 757. By Senator Henson of the 55th:

A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to
change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy
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 Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thompson Turner Tysinger Walker

Those not voting were Senators:

James Slotin

Tanksley (excused) Thomas

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 766. By Senators Crotts of the 17th, Ray of the 19th, Marable of the 52nd and Balfour of the 9th:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice required of insurers for termination, increase in premium

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JOURNAL OF THE SENATE

rates, or change restricting coverage, so as to change certain provisions regard ing failure of an insurer to comply with notice requirements.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thompson Turner Tysinger Walker

Voting in the negative was Senator Brown of 26th.

Those not voting were Senators:

Slotin

Tanksley (excused)

Thomas

On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed.

SR 556. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th: A resolution creating the Joint Study Committee on Hospital Restructuring.

The Senate Rules Committee offered the following amendment:
Amend SR 556 by striking "ten" and inserting "five" on line 1 of page 2.
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Boshears
Bowen Broun of 46th Brown of 26th
Burton Cagle Cheeks

Crotts Day Dean
Edge Egan Gillis
Glanton Gochenour Guhl

Harbison Hill Hooks
James Johnson of 2nd Johnson of 1st
Kemp Lamutt Land

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Langford Madden Marable McGuire Middleton Oliver

Perdue Pollard Ragan Ralston Ray Scott

Stokes Taylor Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Blitch
Farrow

Griffin Henson

Newbill Walker

Those not voting were Senators:

Clay Slotin

Starr Tanksley (excused)

Thomas

On the adoption of the resolution, the yeas were 44, nays 7.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 557. By Senators Thompson of the 33rd, Marable of the 52nd and Brown of the 26th: A resolution creating the Senate Study Committee on Hospital Restructuring.

The Senate Rules Committee offered the following amendment:
Amend SR 557 by striking "ten" and inserting "five" on line 33 of page 1.
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black
Boshears
Bowen Broun of 46th
Brown of 26th Burton
Cagle Clay Crotts Day
Dean Edge Egan
Gillis

Glanton Gochenour
Guhl
Harbison Hill
James Johnson of 2nd
Johnson of 1st Kemp Lamutt Langford
Madden Marable McGuire
Middleton

Oliver Perdue
Pollard
Ragan Ralston
Ray Scott
Starr Stokes Taylor Thompson
Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch

Farrow Griffin

Henson Newbill

Those not voting were Senators:

Cheeks Hooks

Land Slotin

Tanksley (excused) Thomas

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 44, nays 6.
The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 446. By Senators Land of the 16th, Ralston of the 51st, Farrow of the 54th and others:

A resolution creating the Senate Study Committee on Civil Justice Reform.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan

Farrow Gillis Gochenour Guhl Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Starr Stokes Taylor Thompson Turner Tysinger Walker

Voting in the negative was Senator Griffin.

Those not voting were Senators:

Glanton Hooks

Slotin Tanksley (excused)

Thomas

On the adoption of the resolution, the yeas were 50, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

SB 722. By Senators Newbill of the 56th and Stokes of the 43rd:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to the election of members of local boards of education, so as to provide that a vacancy on the county board of education is created in each county when a member of the county board qualifies for nomination or election to any other elective governmental office.
Senator Newbill of the 56th moved that SB 722 be postponed indefinitely.
On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 722 was post poned indefinitely.

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The following bill, having been taken from the Table earlier today, was put upon its passage:
HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th and others:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.
Senator Pollard of the 24th moved that HB 626 be committed to the Insurance and Labor Committee.
On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 626 was com mitted to the Insurance and Labor Committee.
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 1636. By Representative Banner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal the Asbestos Licensing Board and to transfer certain duties of such board to the director of the Environ mental Protection Division of the Department of Natural Resources.
HB 1590. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Code Section 20-4-14 of the Official Code of Georgia Annotated, relating to the establishment of the Department of Technical and Adult Educa tion and the provision of its powers and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects.
HB 1803. By Representatives Sherrill of the 62nd, Murphy of the 18th, Smith of the 175th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a program for encouraging, receiving, evaluat ing, implementing, and rewarding suggestions for increasing the efficiency and economy of the operation of state government.
HB 1614. By Representatives Skipper of the 137th and Purcell of the 147th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to repeal certain provisions regarding the sell ing and transferring of tax executions in lot blocks.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 1110. By Representatives Golden of the 177th, Murphy of the 18th, Lee of the 94th and others:
A resolution creating the Employment Security Law Study Committee and pro viding for the powers and duties of such study committee.

1072

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1467. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, so as to provide for the compensation, expenses, and mileage allowance for part-time state court judges providing assistance in superior courts.
HB 1761. By Representatives Heard of the 89th, McBee of the 88th and Scoggins of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide that certain provisions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more are made applicable state wide.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 817. By Representative Whitaker of the 7th:
A resolution recognizing Morrison Moore and designating the Morrison Moore Connector.
HR 825. By Representative Whitaker of the 7th:
A resolution recognizing Dr. John H. Owen and designating the Dr. John H. Owen Intersection.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1689. By Representatives Williams of the 114th and Connell of the 115th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state high way system, so as to provide that multiple message signs shall be permitted on the interstate system, primary highways, and other highways under certain conditions.
HB 1834. By Representatives Murphy of the 18th, Poston of the 3rd and Chambless of the 163rd:
A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abor tion and sterilization procedures.
HB 1610. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to pro vide for the state to reimburse local units of administration for reasonable attor neys' fees incurred in actions relating to the education of a child residing in a state facility.

WEDNESDAY, MARCH 6, 1996

1073

HB 1425. By Representatives Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by sharehold ers as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to revise definitions; to change provisions relating to elimination of limitation of a director's liability to the corporation or its shareholders.
HB 1754. By Representative Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to change provisions relat ing to regional education service agencies.
HB 1644. By Representative Martin of the 47th:
A bill to amend Code Section 24-10-130 of the Official Code of Georgia Annotat ed, relating to when depositions for preservation of evidence in criminal pro ceedings may be taken, so as to provide for the preservation of evidence of non resident aliens.
HB 1760. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to com pensation for property destroyed.
HB 1585. By Representatives Jamieson of the 22nd, Royal of the 164th and Buck of the 135th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce and eliminate certain penalties; to provide for interest on property not remitted in a timely manner.
HB 1654. By Representatives Polak of the 67th, Chambless of the 163rd, Smyre of the 136th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated by the governing authority of a munici pality and adopted by the General Assembly as a drug-free commercial zone.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1045. By Representatives Cummings of the 27th, Dixon of the 150th, Murphy of the 18th and others:
A resolution creating the James Edward Oglethorpe Tercentenary Commission.
HR 982. By Representatives Coleman of the 142nd, Shaw of the 176th, Royal of the 164th and others:
A resolution designating the Downing E. Musgrove Causeway.

1074

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:
HB 460. By Representative Lucas of the 124th:
A bill to amend various statutory references to "personal care homes" so as to delete that term; to provide for a new category of facilities to be designated as "adult residential care homes" and replace certain statutory references to "per sonal care homes" with the new designation; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.
HB 1771. By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd and others:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal certain provisions regarding the status of ad valorem taxes pending review in those counties having a population of 550,000 or more according to the United States decennial census of 1970.
HB 1596. By Representatives Jenkins of the 110th, Smith of the 109th, Bostick of the 165th and others:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the office of senior clerk of the superi or court.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 1109. By Representative Street of the 167th:
A resolution designating the Lewis C. Adams, Jr., Bridge.
HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law establish a State Land Trust.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1587. By Representatives Crawford of the 129th, Barnes of the 33rd and Chambless of the 163rd:
A bill to amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds.
The House has adopted by the requisite constitutional majority the following resolu tions of the House:
HR 447. By Representative Purcell of the 9th:
A resolution compensating Mr. Edwin C. Chastain.

WEDNESDAY, MARCH 6, 1996

1075

HR 884. By Representative Davis of the 60th: A resolution compensating Ms. Margaret C. Ritchie.
HR 886. By Representative Twiggs of the 8th: A resolution compensating Mr. Gerry A. Mikesell.
HR 992. By Representative Stancil of the 91st: A resolution compensating Ms. Pamela Kay Smith.
HR 1017. By Representative Holland of the 157th: A resolution compensating Mr. Nathaniel A. Blakney.
HR 1006. By Representative Coleman of the 142nd: A resolution compensating Mr. Emmitt T. Lowery, Jr.
HR 902. By Representative Bailey of the 93rd: A resolution compensating Mr. Robert Daniel Hughes.
HR 887. By Representatives Royal of the 164th and Greene of the 158th: A resolution compensating Sharon L. Nobles.
The House has passed by the requisite constitutional majority the following bills of the House:
HB 1738. By Representative Coleman of the 142nd: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotat ed, relating to motor carriers, so as to transfer certain criminal law enforcement functions from the Department of Transportation and the Public Service Com mission to the Department of Public Safety.
HB 1492. By Representative Byrd of the 170th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions governing labor and industrial relations, so as to change certain definitions.
HB 1804. By Representative Murphy of the 18th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance, so as to authorize the Department of Medical Assistance to contract with provider sponsored networks for the provi sion of health care services to recipients of medical assistance.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 973. By Representative Barnes of the 33rd: A resolution compensating Mr. Terry Wanzer.

1076

JOURNAL OF THE SENATE

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1838. By Representatives Lucas of the 124th, Lee of the 94th, Coleman of the 142nd and others:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Sports Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Sports Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide pros pects.
HB 1192. By Representatives Royal of the 164th, Bates of the 179th, Smith of the 12th and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to revise substantially provisions regarding annex ation pursuant to resolution and referendum and annexation by local Act of the General Assembly; to provide for definitions; to provide for annexation stan dards and requirements.
HB 1584. By Representatives Coleman of the 142nd and Benefield of the 96th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Aircraft Authority.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A. Cone.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1440. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd and others:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the creation of the Emer gency Management, Preparedness, and Assistance Trust Fund.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:
HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency management, preparedness, and assistance trust fund for enumerated purposes.

WEDNESDAY, MARCH 6, 1996

1077

The House has passed by the requisite constitutional majority the following bills of the House:
HB 1682. By Representatives Orrock of the 56th, Irvin of the 45th, Baker of the 70th and others:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of local government law applicable to counties on ly, so as to provide procedures for a governing authority of a county with a popu lation of 400,000 or more to appropriate money for and make grants or contribu tions to charitable organizations with activities in the county.
HB 843. By Representative McKinney of the 51st:
A bill to amend an Act creating county building authorities in certain counties with populations of 550,000 or more, so as to define the term "project"; to prohib it the issuance of bonds by such authority for purposes other than a project for a juvenile court facility.
The following bills were read the first time and referred to committees:
HB 1636. By Representative Hanner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal the Asbestos Licensing Board and to transfer certain duties of such board to the director of the Environ mental Protection Division of the Department of Natural Resources.
Referred to Natural Resources Committee.
HB 1590. By Representatives Godbee of the 145th and Taylor of the 134th:
A bill to amend Code Section 20-4-14 of the Official Code of Georgia Annotated, relating to the establishment of the Department of Technical and Adult Educa tion and the provision of its powers and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects.
Referred to Higher Education Committee.
HB 1803. By Representatives Sherrill of the 62nd, Murphy of the 18th, Smith of the 175th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a program for encouraging, receiving, evaluat ing, implementing, and rewarding suggestions for increasing the efficiency and economy of the operation of state government.
Referred to Consumer Affairs Committee.
HB 1614. By Representative Skipper of the 137th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to repeal certain provisions regarding the sell ing and transferring of tax executions in lot blocks.
Referred to Finance and Public Utilities Committee.
HR 1110. By Representatives Golden of the 177th, Murphy of the 18th, Lee of the 94th and others:
A resolution creating the Employment Security Law Study Committee and pro viding for the powers and duties of such study committee.
Referred to Rules Committee.

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JOURNAL OF THE SENATE

HB 1467. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, so as to provide for the compensation, expenses, and mileage allowance for part-time state court judges providing assistance in superior courts.
Referred to Judiciary Committee.
HB 1654. By Representatives Polak of the 67th, Chambless of the 163rd, Smyre of the 136th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated by the governing authority of a munici pality and adopted by the General Assembly as a drug-free commercial zone.
Referred to Judiciary Committee.
HR 1045. By Representatives Cummings of the 27th, Dixon of the 150th, Murphy of the 18th and others:
A resolution creating the James Edward Oglethorpe Tercentenary Commission.
Referred to Rules Committee.
HB 1834. By Representative Murphy of the 18th:
A bill to provide a short title; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Medical Consent Law," so as to repeal Code Section 31-9-5, relating to the nonapplicability of such law to abor tion and sterilization procedures.
Referred to Judiciary Committee.
HB 1610. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to pro vide for the state to reimburse local units of administration for reasonable attor neys' fees incurred in actions relating to the education of a child residing in a state facility.
Referred to Education Committee.
HB 1425. By Representatives Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by sharehold ers as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to revise definitions; to change provisions relating to elimination of limitation of a director's liability to the corporation or its shareholders.
Referred to Judiciary Committee.
HB 1754. By Representative Murphy of the 18th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to change provisions relat ing to regional education service agencies.
Referred to Education Committee.

WEDNESDAY, MARCH 6, 1996

1079

HB 1644. By Representative Martin of the 47th:
A bill to amend Code Section 24-10-130 of the Official Code of Georgia Annotat ed, relating to when depositions for preservation of evidence in criminal pro ceedings may be taken, so as to provide for the preservation of evidence of non resident aliens.
Referred to Judiciary Committee.
HB 1760. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to com pensation for property destroyed.
Referred to Natural Resources Committee.
HB 1585. By Representatives Jamieson of the 22nd, Royal of the 164th and Buck of the 135th:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce and eliminate certain penalties; to provide for interest on property not remitted in a timely manner.
Referred to Special Judiciary Committee.
HR 817. By Representative Whitaker of the 7th:
A resolution recognizing Morrison Moore and designating the Morrison Moore Connector.
Referred to Transportation Committee.
HR 825. By Representative Whitaker of the 7th:
A resolution recognizing Dr. John H. Owen and designating the Dr. John H. Owen Intersection.
Referred to Transportation Committee.
HB 1689. By Representative Williams of the 114th:
A bill to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state high way system, so as to provide that multiple message signs shall be permitted on the interstate system, primary highways, and other highways under certain conditions.
Referred to Transportation Committee.
HB 1761. By Representatives Heard of the 89th, McBee of the 88th and Scoggins of the 24th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide that certain provisions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more are made applicable state wide.
Referred to Special Judiciary Committee.

1080

JOURNAL OF THE SENATE

HR 982. By Representatives Coleman of the 142nd, Shaw of the 176th, Royal of the 164th and others:
A resolution designating the Downing E. Musgrove Causeway.
Referred to Transportation Committee.
HB 460. By Representative Lucas of the 124th: A bill to amend various statutory references to "personal care homes" so as to delete that term; to provide for a new category of facilities to be designated as "adult residential care homes" and replace certain statutory references to "per sonal care homes" with the new designation; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.
Referred to Health and Human Services Committee.
HB 1771. By Representatives Canty of the 52nd, Davis of the 48th, Holmes of the 53rd and others: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal certain provisions regarding the status of ad valorem taxes pending review in those counties having a population of 550,000 or more according to the United States decennial census of 1970.
Referred to Finance and Public Utilities Committee.
HR 1109. By Representative Streat of the 167th:
A resolution designating the Lewis C. Adams, Jr., Bridge.
Referred to Transportation Committee.
HR 1129. By Representatives Dobbs of the 92nd, Coleman of the 142nd, Buck of the 135th and others: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law establish a State Land Trust.
Referred to Finance and Public Utilities Committee.
HB 1587. By Representatives Crawford of the 129th, Barnes of the 33rd and Chambless of the 163rd: A bill to amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds.
Referred to Finance and Public Utilities Committee.
HR 447. By Representative Purcell of the 9th: A resolution compensating Mr. Edwin C. Chastain.
Referred to Appropriations Committee.
HR 884. By Representative Davis of the 60th: A resolution compensating Ms. Margaret C. Ritchie.
Referred to Appropriations Committee.
HR 886. By Representative Twiggs of the 8th: A resolution compensating Mr. Gerry A. Mikesell.
Referred to Appropriations Committee.

WEDNESDAY, MARCH 6, 1996

1081

HE 992. By Representative Stancil of the 91st: A resolution compensating Ms. Pamela Kay Smith.
Referred to Appropriations Committee.
HR 1017. By Representative Holland of the 157th: A resolution compensating Mr. Nathaniel A. Blakney.
Referred to Appropriations Committee.
HR 1006. By Representative Coleman of the 142nd: A resolution compensating Mr. Emmitt T. Lowery, Jr.
Referred to Appropriations Committee.
HR 902. By Representative Bailey of the 93rd: A resolution compensating Mr. Robert Daniel Hughes.
Referred to Appropriations Committee.
HR 887. By Representatives Royal of the 164th and Greene of the 158th: A resolution compensating Sharon L. Nobles.
Referred to Appropriations Committee.
HB 1738. By Representative Coleman of the 142nd: A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotat ed, relating to motor carriers, so as to transfer certain criminal law enforcement functions from the Department of Transportation and the Public Service Com mission to the Department of Public Safety.
Referred to Public Safety Committee.
HB 1492. By Representative Byrd of the 170th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions governing labor and industrial relations, so as to change certain definitions.
Referred to Insurance and Labor Committee.
HB 1804. By Representative Murphy of the 18th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of GEorgia Annotated, relating to medical assistance, so as to authorize the Department of Medical Assistance to contract with provider sponsored networks for the provi sion of health care services to recipients of medical assistance.
Referred to Health and Human Services Committee.
HR 973. By Representative Barnes of the 33rd: A resolution compensating Mr. Terry Wanzer.
Referred to Appropriations Committee.

1082

JOURNAL OF THE SENATE

HB 1838. By Representatives Lucas of the 124th, Lee of the 94th, Coleman of the 142nd and Walker of the 141st:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Sports Hall of Fame Authority Act," so as to change the provisions relating to the general powers of the Georgia Sports Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide pros pects.
Referred to Economic Development, Tourism and Cultural Affairs Committee.
HB 1192. By Representatives Royal of the 164th, Bates of the 179th, Smith of the 12th and others:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to revise substantially provisions regarding annex ation pursuant to resolution and referendum and annexation by local Act of the General Assembly; to provide for definitions; to provide for annexation stan dards and requirements.
Referred to State and Local Governmental Operations (General) Committee.
HB 1584. By Representatives Coleman of the 142nd and Benefield of the 96th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Aircraft Authority.
Referred to State and Local Governmental Operations (General) Committee.
HR 876. By Representative Jenkins of the 110th:
A resolution compensating Ms. Sylvia A. Cone.
Referred to Appropriations Committee.
HB 1440. By Representatives Purcell of the 9th, Jamieson of the 22nd, Snow of the 2nd and others:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the creation of the Emer gency Management, Preparedness, and Assistance Trust Fund.
Referred to Defense and Veterans Affairs Committee.
HR 854. By Representatives Purcell of the 9th, Purcell of the 147th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly is authorized to create an emergency management, preparedness, and assistance trust fund for enumerated purposes.
Referred to Defense and Veterans Affairs Committee.

WEDNESDAY, MARCH 6, 1996

1083

HB 1682. By Representatives Orrock of the 56th, Irvin of the 45th, Baker of the 70th and Klein of the 39th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of local government law applicable to counties on ly, so as to provide procedures for a governing authority of a county with a popu lation of 400,000 or more to appropriate money for and make grants or contribu tions to charitable organizations with activities in the county.
Referred to State and Local Governmental Operations (General) Committee.
HB 843. By Representative McKinney of the 51st:
A bill to amend an Act creating county building authorities in certain counties with populations of 550,000 or more, so as to define the term "project"; to prohib it the issuance of bonds by such authority for purposes other than a project for a juvenile court facility.
Referred to State and Local Governmental Affairs (General) Committee.
HB 1596. By Representatives Jenkins of the 110th, Smith of the 109th, Bostick of the 165th, Greene of the 158th, Cummings of the 27th and others:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to create the office of senior clerk of the superi or court.
Referred to Special Judiciary Committee. Senator Perdue of the 18th moved that the Senate stand in recess until 9:00 P.M., then adjourn until 10:00 A.M. tomorrow; the President announced that the motion prevailed at 3:47 P.M.

1084

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Thursday, March 7, 1996
Thirty-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 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 1841. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for certain powers of the authority.
HB 1842. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Day of the 153rd and others:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
HB 1845. By Representatives Scoggins of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend an Act creating the Athens Public Facilities Authority, so as to rename the authority; to change references to the City of Athens, Clarke County, and certain officials of such local governments to Athens-Clarke County and officials of such consolidated government.
HB 1848. By Representative Twiggs of the 8th:
A bill to amend an Act establishing a new charter for the Town of Tallulah Falls, so as to change certain provisions relating to quorum, voting, and special meet ings of the town council.
HB 1850. By Representative Perry of the llth:
A bill to provide a $20,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross in come does not exceed $20,000.00.
HB 1852. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to provide, if approved by the voters of Wilkes County, for nonpartisan primaries and elections for members of the Board of Education of Wilkes County.

THURSDAY, MARCH 7, 1996

1085

HB 1853. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a public school system in the City of Jefferson, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system.
SB 734. By Senator Ralston of the 51st:
A bill to be entitled an Act to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to provide for mem bers currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions.
SB 745. By Senator Madden of the 47th:
A bill to create the Franklin-Hart Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings.and expenses.
The following bills were introduced, read the first time and referred to committee:
SB 781. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, as amended, so as to provide for quali fications for the chief magistrate and magistrates.
Referred to Committee on State and Local Governmental Operations.
SB 782. By Senator Farrow of the 54th:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, as amended, so as to change the provisions relating to the com pensation of the members of the board of utilities commissioners; to provide an effective date.
Referred to Committee on State and Local Governmental Operations.
SB 783. By Senator Cheeks of the 23rd:
A bill to amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such de partment by the Richmond County Board of Health, as amended, so as to change the composition of said board of health; to provide for appointments and terms of office.
Referred to Committee on State and Local Governmental Operations.
The following bills were read the first time and referred to committee:
HB 1841. By Representative Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for certain powers of the authority.
Referred by State and Local Governmental Operations Committee.

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HB 1842. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Day of the 153rd and others:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
Referred to State and Local Governmental Operations Committee.
HB 1845. By Representatives Scoggins of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend and Act creating the Athens Public Facilities Authority, so as to rename the authority; to change references to the City of Athens, Clarke County, and certain officials of such local governments to Athens-Clarke County and officials of such consolidated government.
Referred to State and Local Governmental Operations Committee.
HB 1848. By Representatives Anderson of the 116th and DeLoach of the 119th:
A bill to amend an Act establishing a new charter for the Town of Tallulah Falls, so as to change certain provisions relating to quorum, voting, and special meet ings of the town council.
Referred to State and Local Governmental Operations Committee.
HB 1850. By Representative Perry of the llth:
A bill to provide a $20,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross in come does not exceed $20,000.00.
Referred to State and Local Governmental Operations Committee.
HB 1852. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act providing for the election of members of the Board of Education of Wilkes County, so as to provide, if approved by the voters of Wilkes County, for nonpartisan primaries and elections for members of the Board of Education of Wilkes County.
Referred to State and Local Governmental Operations Committee.
HB 1853. By Representative Stephenson of the 25th:
A bill to amend an Act establishing a public school system in the City of Jefferson, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system.
Referred to State and Local Governmental Operations Committee.

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The following committee reports were read by the Secretary:

Mr. President:

The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1429. Do pass.

HB 1625. Do pass.

Respectfully submitted, Senator Henson of the 55th 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 1525. Do pass by substitute.

HB 1632. 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 resolution of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HR 769. Do pass as amended.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

Mr. President:

The Committee on Finance and Public Utilities has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 6. Do pass by substitute.

HB 1553. Do pass by substitute.

HB 1101. Do pass by substitute.

HB 1647. Do pass by substitute.

HB 1166. Do pass.

Respectfully submitted, Senator Starr of the 44th District, Chairman

Mr. President: The Committee on Health and Human Services has had under consideration the fol
lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1394. Do pass as amended.
Respectfully submitted, Senator Walker of the 22nd District, Chairman

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JOURNAL OF THE SENATE

Mr. President:

The Committee on Health and Human Services has had under consideration the fol lowing bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 273. Do pass.

HB 1330. Do pass.

HB 1183. Do pass by substitute.

HB 1361. Do pass.

HB 1268. Do pass.

HB 1498. Do pass.

HB 1328. Do pass.

HB 1575. Do pass as amended.

Respectfully submitted, Senator Walker of the 22nd District, Chairman

Mr. President: The Committee on Higher Education has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1582. Do pass.
Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President:

The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 106. Do pass by substitute.

HB 1375. Do pass.

HB 1398. Do pass.

Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President: The Committee on Insurance and Labor has had under consideration the following bill
of the House and has instructed me to report the same back to the Senate with the follow ing recommendation:
HB 1338. Do pass by substitute.
Respectfully submitted, Senator Pollard of the 24th District, Chairman

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1504. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

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1089

Mr. President: The Committee on Natural Resources has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1227. Do pass as amended.
Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:
The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 713. Do pass by substitute.

HB 1649. Do pass.

HB 1484. Do pass.

HB 1736. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

Mr. President:
The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 699. Do pass. SB 773. Do pass.

SB 777. Do pass. HB 1409. Do pass.

SB 774. Do pass by substitute.

HB 1684. Do pass.

SB 775. Do pass.

HB 1772. Do pass.

SB 776. Do pass.

HB 1175. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time;

SR 621 HB 1265 HB 1591

HB 1154 HB 1287 HB 1627

HB 1232 HB 1336 HB 1723

HB 1234 HB 1368 HR 1032

HB 1235 HB 1518

HB 1255 HB 1519

Senator Ray of the 19th, President Pro Tempore, assumed the Chair.
Senator Balfour of the 9th moved that Senator Day of the 48th be excused today due to personal reasons. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Day of the 48th was excused.
Senator Pollard of the 24th moved that Senator Thompson of the 33rd be excused to day due to illness. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused.
Senator Ray of the 19th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour Black
Blitch Boshears

Bowen Broun of 46th
Brown of 26th Burton

Cagle Cheeks
Clay Dean

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Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James

Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill Oliver

Perdue Pollard Ralston Scott Slotin Starr Stokes Tanksley Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Crotts Day (excused)

Ragan Ray (presiding)

Taylor Thompson (excused)

Senator Ray of the 19th, President Pro Tempore, led the Senators in the Pledge of Allegiance to the Flag of the United Sates of America.
Senator Burton of the 5th introduced the chaplain of the day, Captain David Bowman of the Salvation Army, Decatur, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 636. By Senators Clay of the 37th and Lamutt of the 21st: A resolution recognizing and commending Sprayberry High School.

SR 637. By Senators Ray of the 19th, Perdue of the 18th and Edge of the 28th: A resolution commending S. Truett Cathy and Chick-fil-A, Inc.

SR 638. By Senators Ragan of the llth, Turner of the 8th, Scott of the 36th and others:
A resolution recognizing the Grady County Board of Education for honoring "Jackie" Robinson.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were upon their passage.
SENATE LOCAL CONSENT CALENDAR
Thursday, March 7, 1996 THIRTY-FOURTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 699 Black, 53rd DADE COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Magistrate Court.

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SB 773 Day, 48th Cagle, 49th FORSYTH COUNTY
An Act to create the Forsyth County Water and Sewerage Authority; and for other purposes.
*SB 774 Farrow, 54th MURRAY COUNTY
An Act to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner on an annual salary, so as to change compensation. (SUBSTITUTE)
SB 775 Farrow, 54th MURRAY COUNTY
An Act to amend an Act placing the coroner on an annual salary, so as to change the provisions relating to the compensation of the coroner.
SB 776 Farrow, 54th MURRAY COUNTY
An Act to amend an Act relating to the Magistrate Court, so as to change the provisions relating to the compensation of the chief magistrate.
SB 777 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
An Act to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.
HB 1409 Johnson, 1st Johnson, 2nd CHATHAM COUNTY
An Act to amend an act providing for the Magistrate Court, so as to provide for the nonpartisan nomination and election of the chief magistrate and full-time magistrate of the Magistrate Court.
HB 1684 Madden, 47th Middleton, 50th TOWN OF MARTIN
An Act to amend an Act providing for a new charter, so as to provide for term limitations for the mayor and the members of the city council.
HB 1772 Tysinger, 41st Newbill, 56th CITY OF NORCROSS
An Act to amend an Act creating a new charter, so as to change the corporate limits of the City of Norcross.

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JOURNAL OF THE SENATE

HB 1775 Turner, 7th Ragan, 8th THOMAS COUNTY
An Act to amend an Act entitled "An Act creating the Board of Commissioners of Thomas County," so as to provide for the filling of vacancies on such board of commissioner districts.
The substitute to the following bill was upon its adoption: *SB 774:
The Senate State and Local Governmental Operations Committee offered the following substitute to SB 774:
A BILL
To be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, ap proved February 28, 1966 (Ga. L. 1966, p. 2509), as amended, so as to change provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide for related matters with respect to said officers; 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 placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended, is amended by striking Sections 1 through 15, which constitute all substantive sections of said Act, and inserting in their place new Sections 1 through 11, to constitute a complete amendment and restatement of the substantive provisions of said Act, which as so amended and restated shall read as follows:
"SECTION 1.
The clerk of the superior court, the sheriff, the probate judge, and the tax commissioner of Murray County shall be compensated by annual salaries, and the former mode of com pensating such officers, known as the fee system, shall have no application to such officers.
SECTION 2.
(a) The clerk of the superior court shall receive an annual salary of $44,100.00 pursuant to this Act. Such annual salary shall be paid in equal monthly installments from funds of Murray County.
(b) Such annual salary shall be the total compensation of the clerk of the superior court from public funds, except that the clerk may receive in addition to such annual salary: (1) an allowance for his or her service in juvenile court as provided in Code Section 15-6-89; and (2) retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law.
SECTION 3.
(a) The sheriff shall receive an annual salary in the amount provided by the general laws of this state relating to minimum salaries for sheriffs. Such salary shall be paid in equal monthly installments from funds of Murray County.
(b) Such annual salary shall be the total compensation of the sheriff from public funds, except that the sheriff may receive, in addition to such annual salary, retirement, insur ance, social security, and other similar employment benefits to the extent otherwise au thorized by law.

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SECTION 4.
(a) The judge of the probate court shall receive an annual salary in the amount provided by the general laws of this state relating to minimum salaries for probate judges. Such salary shall be paid in equal monthly installments from funds of Murray County.
(b) Such annual salary shall be the total compensation of the probate judge from public funds, except that the probate judge may receive, in addition to such annual salary, re tirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law.
SECTION 5.
(a) The tax commissioner shall receive an annual salary of $35,100.00 pursuant to this Act. Such annual salary shall be paid in equal monthly installments from funds of Murray County.
(b) Such annual salary shall be the total compensation of the tax commissioner from public funds, except that the tax commissioner may receive in addition to such salary: (1) an allowance for her or her service as ex officio sheriff as provided in Code Section 48-5137 of the O.C.G.A.; and (2) retirement, insurance, social security, and other similar em ployment benefits to the extent otherwise authorized by law.
SECTION 6.
The clerk of the superior court, sheriff, probate judge, and tax commissioner shall dili gently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received or according to such other schedule as may be provided by general law. At the time of each such payment into the county treas ury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the country treasury. The statement shall show the respective amounts of money collected and the source thereof.
SECTION 7.
It is specifically provided that the salaries provided for in this Act shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments and perquisites of any kind; and on and after the effective date of this section in 1996 none of the officers for whom salaries are specified in this Act shall be entitled to retain any of such fees, fines, forfeitures, commissions, costs, allowances, pen alties, funds, moneys, or other emoluments or perquisites in addition to the salary speci fied in this Act. Nothing in the Act shall apply to or affect any fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, or other emoluments or perqui sites retained by any of said officers prior to said effective date in 1996; and the retention of any such amounts prior to said effective date in 1996 is hereby ratified and confirmed as a part of the compensation lawfully received by such officer prior to said effective date in 1996.
SECTION 8.
The judge of the probate court shall not be eligible to serve as the clerk of the governing authority of Murray County.

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SECTION 9.

The officers specified in this Act shall have the authority to appoint such deputies, clerks, assistants, and other personnel as they shall deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officers shall from time to time, recommend to the governing authority of Murray County the number of such personnel needed by his or her office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Murray County to fix the compensation to be received by each employee in said offices. It shall be within the sole power and authority of each said officers, during his or her term of office, to designate and name the person or persons who shall be em ployed as such deputies, clerks, assistants, and other personnel, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within such officer's sole discretion.

SECTION 10.

The necessary operating expenses of the offices of each of the officers provided for in this Act, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, fur nishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replace ment, and maintenance therefor, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Murray County.

SECTION 11.

The official bonds of the officers provided for in this Act and the official bonds of their respective deputies, clerks, assistants, and other personnel, as may be required by law, shall be procured by each elected officer and the premiums and costs thereof shall be paid out of any county funds available for that purpose."

SECTION 2.

This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the 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 Dean Farrow Gillis Glanton Gochenour Griffin Guhl Henson Hill

Hooks Johnson of 2nd Johnson of 1st Lamutt Marable McGuire Middleton Newbill Perdue Pollard

THURSDAY, MARCH 7, 1996

1095

Ragan Ralston Scott Slotin

Starr Stokes Tanksley Taylor

Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Crotts Day (excused) Edge Egan

Harbison James Kemp Land Langford

Madden Oliver Ray (presiding) Thomas Thompson (excused)

On the passage of the local bills, the yeas were 41, nays 0.
The bills on the Local Consent Calendar, except SB 774, having received the requisite constitutional majority, were passed.
SB 774, having received the requisite constitutional majority, was passed by substitute.

SENATE RULES CALENDAR
Thursday, March 7, 1996 THIRTY-FOURTH LEGISLATIVE DAY

HB 173 Regents retirement plan; employer's contribution (Substitute) (Ret--46th) McBee--88th
HB 1475 World Congress Center; additional powers (EDT&CA--46th) Parrish--144th
HB 1218 Superior court judges; secretary's pay schedule; exception (Substitute) (S Judy--28th) Simpson--101st
HB 1497 Regional development centers; nonprofit corporations; certain contracts (SLGOG--31st) Channell--lllth
HB 667 Homestead exemption; deceased veterans; certain survivors (F&PU--16th) Buck 135th
HB 1198 Charitable contributions; solicitation on highways (C Aff--4th) Barnard--154th
HB 1151 Coin operated games; replays; reward (C Aff--55th) Watson--139th
HB 1431 National Guard; active duty; Olympic support activities (D&VA--15th) Birdsong--123rd
HB 1239 Indigent Defense Council; mental health advocacy division (Judy--42nd) Mar tin--47th
HB 1224 Conservation and natural resources; regulations; date references (Nat R--20th) Porter--143rd
HB 586 Teachers Retirement; creditable service; former Employees' Retirement member (Ret--5th) Cummings--27th
HB 1284 Prison Litigation Reform Act of 1996; enact (Corr--37th) Snelling--99th
HB 1149 Patient cost of care; billing requirements (Substitute) (I&L--24th) Mueller --152nd

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HB 1088 District Attorney's Retirement; amend provisions (Ret--3rd) Barnes--33rd
HB 1443 Tax amnesty; deficient taxes, collection fees (F&PU--12th) Baker--70th
HR 987 Georgia Future Communities Commission; abolition date (SLGO-G--10th) Walker--141st
HB 1203 Zoning hearings; minimum time period (SLGO--G--53rd) Irvin--45th
HR 946 Rabun County; lease property (F&PU--50th) Twiggs--8th
HB 1208 Garnishment; affidavit for issuance of summons (Judy--42nd) Carter--166th
HB 1118 Landfills, prohibit adjacent to military bombing range (Nat R--3rd) Mosley --171st
HB 1419 State Housing Trust Fund for the Homeless; amend (EDT&CA--26th) Baker --70th
HB 1613 Superior court clerks; automatic information system for property records (S Judy-24th) Chambless-163rd
HB 1569 Family violence cases; certain fee assessment; prohibit (Judy-12th) Baker-70th
HB 1454 State employees; voluntary deductions; charitable organizations (SLGO-G-lOth) Holmes-53rd
HR 792 Thomasville Regional YDC; designate as Judge T. J. Loftiss II Regional Youth Development Center (Corr-llth) Titus-180th
HR 878 Regional development center boundaries; ratify change (SLGO-G-4th) Lane146th
HB 522 Special license plates; Pearl Harbor veterans; repeal additional fee (D&VA-15th) Birdsong-123rd
HB 966 District Attorneys; travel expenses; reimbursement (S Judy-6th) Lee-94th
HB 1327 Golf Hall of Fame; tax exempt nonprofit corporation (EDT&CA-46th) Connell115th
HB 1326 Corporations; redefined profession; add pharmacy (C Aff-43rd) Reichert-126th 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 173 By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others: A bill to amend Code Section 47-21-4 of the Official Code of Georgia Annotated, relating to employee and other contributions under the regents retirement plan, so as to change the employer's contribution. Senate Sponsor: Senator Broun of the 46th.

THUKSDAY, MARCH 7, 1996

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The following Fiscal Notes, as required by, law were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 19, 1996
The Honorable Louise McBee State Representative Legislative Office Building, Room 509 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 173 Substitute (LC 21 3743S)
Dear Representative McBee:
This bill would require the University System of Georgia to contribute to the Optional Re tirement Plan on behalf of each participating employee an amount equal to the normal cost contribution made to the Teachers Retirement System on behalf of each employee. This provision would be subject to subsequent legislation, but in no case could the employer contribution be decreased below 4 percent. This bill would also require the State Auditor to have an actuarial study completed to determine what effect the Optional Retirement Plan has had on the Teachers Retirement System. This study must be completed by January 1, 2000.
This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 February 2, 1996
The Honorable Don Cheeks, Chairman Senate Retirement Committee Legislative Office Building, Room 303-A Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 173 Substitute (LC 21 3814S)
Dear Chairman Cheeks:
This bill would require the University System of Georgia to contribute to the Optional Re tirement Plan on behalf of each participating employee an amount equal to 4 percent of the participating employee's earnable compensation, prior to January 1, 1997. On or after January 1, 1997, the contribution will be an amount equal to the normal cost contribution made to the Teachers Retirement System on behalf of each employee. This provision would be subject to subsequent legislation, but in no case could the employer contribution be de creased below 4 percent. This bill would also require the State Auditor to have an actuarial study completed to determine what effect the Optional Retirement Plan has had on the Teachers Retirement System. This study must be completed by January 1, 2000.

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This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor
The Senate Retirement Committee offered the following substitute to HB 173:
A BILL
To be entitled and Act to amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, so as to change the employer's contribu tion; to extend the date a certain actuarial study is due; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, is amended by striking in its entirety subsection (b) of Code Section 47-214, relating to employee and other contributions under the regents retirement plan, and inserting in lieu thereof the following:
"(b)(l) The University System of Georgia shall contribute to the optional retirement plan on Behalf of each participating employee the following:
(1) Prior to January 1, 1997, an amount equal to 4 percent of the participating employee's earnable compensation; and
(2) On and after January 1, 1997, an amount equal to the normal cost contribution determined by the board of trustees in accordance with the provisions of Code Section 17-3-48. The provisions of this subsection are subject to subsequent legislation; pro vided, however, that such legislation shall not provide for a rate of contribution lower than 4 percent/"
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 47-21-8, relating to an actuarial study by the state auditor, and inserting in lieu thereof the following:
"47-21-8.
By not later than January 1, i996 2000, the state auditor shall have an actuarial study completed to determine what effect the optional retirement plan provided for in this chapter has had on the Teachers Retirement System of Georgia. The results of such study shall be reported to the General Assembly at the 1990 2000 regular session."
SECTION 3.
This Act shall become effective on July 1, 1996, only if it is determined to have been concur rently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

THURSDAY, MARCH 7, 1996

1099

The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Farrow Gillis

Glanton Gochenour Griffin Guhl Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Madden Marable McGuire Middleton Newbill

Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Abernathy Day (excused) Edge Egan

Harbison Henson Hooks Land

Langford Oliver Ray (presiding) Thompson (excused)

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1475 By Representatives Parrish of the 144th, Byrd of the 170th, McBee of the 88th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted.
Senate Sponsor: Senator Clay of the 37th.

Senator Abernathy of the 38th offered the following amendment:
Amend HB 1475
by striking on line 5 pg 2 "such officers shall have the same authority, powers, privileges, and immunities regarding enforcement of laws as sheriffs of this state."
Senator Abernathy of the 38th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the Abernathy amendment to HB 1475 was withdrawn.
Senators Clay of the 37th and Broun of the 46th offered the following amendment:
Amend HB 1475 by striking lines 1 through 8 of page 2 and inserting in lieu thereof the following:
"jurisdiction of the authority under paragraph (3) of subsection (d) of Code Section 10-915, and subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to serve and execute warrants and to make arrests for violation of ordinances adopted by the authority. For the purposes of

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exercising the powers and responsibilities of such officers as peace officers under para graph (8) of Code Section 35-8-2, including their duties and responsibilities with respect to matters occurring within the limits of the facilities of the authority or requests by another law enforcement agency to provide aid and assistance, such officers shall have the same authority, powers, privileges, and immunities regarding enforcement of laws as law enforcement officers employed by the state. Prosecution for violations of.
By striking lines 12 through 16 of page 4 and inserting in lieu thereof the following:
"direct use or grant, the authority may temporarily close to vehicular and pedestrian access public streets and sidewalks with such facilities or limit vehicular and pedestrian traffic thereon and, after agreement with municipalities having jurisdiction, temporarily close to vehicular and pedestrian traffic public streets and sidewalks adjacent to such facilities or limit vehicular and pedestrian traffic thereon.".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Slotin Stokes Tanksley Taylor Thomas Turner Tysinger Walker

Those not voting were Senators:

Day (excused) Farrow Madden

Perdue Ray (presiding)

Starr Thompson (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HB 1218 By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed as secretary to a superior court judge if such secretary has previously been employed as sec retary to a judge in this state.
Senate Sponsor: Senator Edge of the 28th.

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The Senate Special Judiciary Committee offered the following substitute to HB 1218:
A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a state court judge; to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a district attorney in certain cir cumstances; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, is amended by striking in its entirety paragraph (5) of subsection (c) of Code Section 15-6-25, relating to employment of secretar ies for judges of the superior court, and inserting in lieu thereof the following:
"(5) Each new secretary appointed after July 1,1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary em ployed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interrup tion in state employment occurs as a result of the appointment; and provided, further, that a secretary employed as a secretary to a state court judge before appointment pursu ant to this Code section who was appointed on or after July 1,1995, may be credited with the number of years' service in such previous employment as a secretary to a state court judge when transferring to this pay schedule after appointment pursuant to this Code section. A secretary employed under authority other than Code Section 15-18-17 as a secretary to a district attorney in this state before appointment pursuant to this Code section who was appointed on or after July 1, 1995, may transfer to this pay schedule at the step which is closest to but not lower than the highest salary received in such secre tary's previous employment as a secretary to a district attorney after appointment pursu ant to this Code section if there was no interruption in employment as a result of such appointment. This paragraph shall not be construed to affect any retirement benefits available?'

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, Senator Land of the 16th called for the yeas and nays. The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Black Broun of 46th Brown of 26th Cagle Clay

Edge Egan Guhl Johnson of 1st McGuire

Newbill Pollard Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Blitch Boshears

Bowen Burton Cheeks Crotts

Dean Gillis Glanton Gochenour

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Griffin Harbison Henson Hill Hooks James Kemp Lamutt

Land Langford Madden Marable Middleton Oliver Perdue Ragan

Ralston Scott Slotin Starr Stokes Taylor Turner Walker

Those not voting were Senators:

Day (excused) Farrow

Johnson of 2nd Ray (presiding)

Thomas Thompson (excused)

On the adoption of the substitute, the yeas were 14, nays 36, and the committee substi tute to HB 1218 was lost.
Senators Land of the 16th and Harbison of the 15th offered the following substitute to HB 1218:

A BILL
To be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a state court judge; to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a district attorney in certain cir cumstances; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, is amended by striking in its entirety paragraph (5) of subsection (c) of Code Section 15-6-25, relating to employment of secretar ies for judges of the superior court, and inserting in lieu thereof the following:
"(5) Each new secretary appointed after July 1,1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that:
(A) A a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment;
(B) A secretary employed as secretary to a state court judge in this state before ap pointment pursuant to this Code section may transfer to this pay schedule after ap pointment pursuant to this Code section at the step which is closest to but not lower tHan the highest salary received in such secretary's previous employment as secretary to a judge of the state court if such secretary was appointed pursuant to this Code section on or after July 1, 1995, and there was no interruption in employment as a result of such appointment; ari5
(C) A secretary employed under authority other than Code Section 15-18-17 as a secre tary to a district attorney in this state before appointment pursuant to this Code sec tion who was appointed on or after July 1, 1995, may transfer to this pay schedule at the step which is closest to but not lower than the highest salary received in such

THURSDAY, MARCH 7, 1996

1103

secretary's previous employment as a secretary to a district attorney after appoint ment pursuant to this Code section if there was no interruption in employment as a result of such appointment."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 0, and the Land, Harbison
substitute to HB 1218 was adopted. Pursuant to Senate Rule 143, action on HB 1218 was suspended, and the bill was
placed on the Senate General Calendar. The President resumed the Chair.

HB 1497. By Representatives Channell of the lllth, Royal of the 164th, Jamieson of the 22nd and Connell of the 115th:

A bill to amend Code Section 50-8-35 of the Official Code of Georgia Annotated, relating to general powers of regional development centers, so as to provide that centers and nonprofit corporations established or controlled by centers may enter certain contracts formerly prohibited if deemed necessary, desirable, or appropriate by the Commissioner of the Department of Community Affairs.
Senate Sponsor: Senator Dean of the 31st.

Senators Boshears of the 6th and Kemp of the 3rd offered the following amendment: Amend HB 1497
by striking Section 2. in its entirety. On the adoption of the amendment, Senator Dean of the 31st called for the yeas and
nays. The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Boshears Brown of 26th Burton Cagle Cheeks Clay Crotts Edge Egan Farrow

Glanton Gochenour Griffin Guhl Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

Langford McGuire Newbill Ragan Ralston Scott Slotin Tanksley Turner Tysinger Walker

Those voting in the negative were Senators:

Broun of 46th Dean Gillis Harbison Henson

Hill Madden Marable Middleton Oliver

Perdue Ray Starr Stokes Taylor

Those not voting were Senators:

Balfour
Blitch Bowen

Day (excused) Pollard

Thomas Thompson (excused)

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On the adoption of the amendment, the yeas were 34, nays 15, and the Boshears, Kemp amendment to HB 1497 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 Broun of 46th Cheeks Dean Gillis Hill Hooks

Langford Madden Marable Middleton Oliver Perdue Ragan

Ray Slotin Starr Stokes Taylor Turner

Those voting in the negative were Senators:

Balfour Black Boshears Brown of 26th Burton Cagle Clay Crotts Edge Egan

Farrow Glanton Gochenour Griffin Guhl Harbison Henson James Johnson of 2nd Johnson of 1st

Kemp Lamutt Land McGuire Newbill Ralston Scott Tanksley Tysinger Walker

Those not voting were Senators:

Blitch Bowen

Day (excused) Pollard

Thomas Thompson (excused)

On the passage of the bill, the yeas were 20, nays 30. The bill, having failed to receive the requisite constitutional majority, lost.

HB 667. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemptions for qualified disabled veterans, so as to au thorize the unremarried surviving spouse or minor children of a qualified veter an who was killed in any war or armed conflict to receive such exemption. Senate Sponsor: Senator Starr of the 44th.
Senators Land of the 16th and Starr of the 44th offered the following amendment:
Amend HB 667 by striking "aircraft engine parts or components on a factory basis" and inserting in its place "aircraft engines or aircraft engine parts or components" on fines 28 and 29 of page 1.
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.

THURSDAY, MARCH 7, 1996

1105

On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Turner Walker

Those not voting were Senators:

Black Blitch Day (excused)

Egan Hill Thomas

Thompson (excused) Tysinger

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended.

HB 1198. By Representatives Barnard of the 154th, Streat of the 167th, Dixon of the 150th and others:

A bill to amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize mu nicipal ordinances for the issuance of permits to certain charitable organizations for the solicitation of contributions on the streets and highways within the cor porate limits.
Senate Sponsor: Senator Hill of the 4th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears
Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Crotts Dean
Edge

Farrow Gillis Glanton Gochenour
Griffin Guhl Harbison Henson Hill Hooks James
Johnson of 2nd Johnson of 1st
Kemp

Lamutt Land Langford Madden
Marable McGuire Middleton Newbill Oliver Perdue Pollard
Ragan Ralston
Ray

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Scott Stokes Tanksley

Taylor Thomas

Those not voting were Senators:

Blitch Day (excused) Egan

Slotin Starr

Turner Walker
Thompson (excused) Tysinger

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Ray, President Pro Tempore, assumed the Chair.

HB 1151. By Representative Watson of the 139th:
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 provisions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provisions relating to the manner and type of reward a winning player receives when operating cer tain other coin operated games or devices.
Senate Sponsor: Senator Henson of the 55th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Turner Walker

Those not voting were Senators:

Abernathy Day (excused) Dean

Egan Oliver Ray (presiding)

Slotin Thompson (excused) Tysinger

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Farrow of the 54th moved that the following local bills, passed earlier today, be immediately transmitted to the House: SB 774, SB 775, SB 776.
On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 774, SB 775 and SB 776 were immediately transmitted.

THURSDAY, MARCH 7, 1996

1107

Senator Perdue of the 18th moved that all remaining local Senate bills passed on the Local Consent Calendar today be immediately transmitted.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the following re maining bills on the Local Consent Calendar today were immediately transmitted: SB 699, SB 773, and SB 777.
The Calendar was resumed.

HB 1431. By Representative Birdsong of the 123rd:

A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of an official duty in connection with Na tional Guard Olympic support activities.
Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour
Black Boshears
Bowen Broun of 46th Brown of 26th Burton
Cagle
Cheeks
Clay Crotts Dean Edge
Farrow Gillis

Glanton Gochenour
Griffin Guhl
Harbison Henson Hill Hooks
James
Johnson of 2nd
Johnson of 1st Kemp Lamutt Land
Madden Marable

McGuire Middleton
Newbill Oliver
Perdue Pollard Ragan Ralston
Scott
Starr
Stokes Tanksley Taylor Thomas
Tysinger Walker

Those not voting were Senators:

Blitch
Day (excused) Egan

Langford
Ray (presiding) Slotin

Thompson (excused) Turner

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1239. By Representatives Martin of the 47th, Walker of the 141st, Chambless of the 163rd and others:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as "The Georgia Indigent Defense Act," so as to create the mental health advocacy division of the Georgia Indigent Defense Council.
Senate Sponsor: Senator Oliver of the 42nd.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Tysinger Walker

Those not voting were Senators:

Blitch Day (excused) Egan

Farrow Griffin Ray (presiding)

Slotin Thompson (excused) Turner

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1224. By Representatives Porter of the 143rd and Banner of the 159th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regula tions promulgated by the Board of Natural Resources and regulations promul gated by the administrator of the federal Environmental Protection Agency.
Senate Sponsor: Senator Kemp of the 3rd.
Senators Kemp of the 3rd, Scott of the 36th and others offered the following amendment:
Amend HB 1224 by inserting on line 6 on page 1, immediately following the word and symbol "Agency;", the following:
"to provide that the application for certain permits shall convey no vested right of reason able expectation;"
By inserting immediately following line 25 on page 1 the following:
"Said title is further amended by striking in its entirety subsection (a) of Code Section 12-824, relating to permits for solid waste or special solid waste handling or disposal facilities, and inserting in lieu thereof the following:
'(a)(l) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10 or persons exempted by rules promulgated by the board, without first obtaining a permit from the director authorizing such activity; provided, however, that the board may not exempt persons disposing of solid waste other than inert solid waste.

THURSDAY, MARCH 7, 1996

1109

(2) The mere act of submitting an application for a permit under paragraph (1) of this subsection shall convey no vested right or right of reasonable expectation to the applicant?

SECTION 3."

By redesignating Sections 3 through 5 as Sections 4 through 6, respectively.
On the adoption of the amendment, Senator Kemp of the 3rd called for the yeas and nays.
The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Broun of 46th Brown of 26th Clay Gillis Griffin

Hill Hooks James Johnson of 2nd Kemp Madden

Marable Oliver Scott Stokes Thomas Walker

Those voting in the negative were Senators:

Balfour Blitch Burton Cagle Cheeks Crotts Dean Edge Egan
Farrow

Glanton Gochenour Guhl Henson Johnson of 1st Lamutt Land Langford McGuire

Middleton Newbill Perdue Pollard Ragan Ralston Starr Tanksley Tysinger

Those not voting were Senators:

Abernathy Black Bowen Day (excused)

Harbison Ray (presiding) Slotin

Taylor Thompson (excused) Turner

On the adoption of the amendment, the yeas were 18, nays 28, and the Kemp, et al. amendment to HB 1224 lost.
Senator Kemp of the 3rd moved that the Senate reconsider its action in failing to adopt the Kemp, et al. amendment.
On the motion, the yeas were 11, nays 23, and the motion lost.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks

Clay
Crotts Dean Edge
Egan Farrow Gillis Glanton Gochenour

Griffin
Guhl Harbison Henson
Hill Hooks James Johnson of 2nd Johnson of 1st

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Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott

Starr Stokes Tanksley Taylor Thomas Tysinger Walker

Those not voting were Senators:

Abernathy Black Day (excused)

Ray (presiding) Slotin

Thompson (excused) Turner

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Dean of the 31st moved that Senator Turner of the 8th be excused due to pressing business. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Turner of the 8th was excused. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.
The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:

HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Smith of the 175th and Simpson of the 101st.
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1867. By Representatives Hembree of the 98th and Snelling of the 99th: A bill to provide a new charter for the City of Lithia Springs.
The Calendar was resumed.

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1111

HB 586. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who with drew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under cer tain conditions.
Senate Sponsor: Senator Burton of the 5th.
The following Fiscal Note, as required by law, was read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 January 26, 1996

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 586 Substitute (LC 21 3745S) Employees' Retirement System Teachers Retirement System

Dear Representative Cummings:

This bill would provide that current members of the Teachers Retirement System of Georgia who were previously members of the Employees' Retirement System of Georgia and who withdrew employee contributions from the Employees' Retirement System more that three times may reestablish the creditable service represented by the withdrawn contributions.

This proposed legislation would increase the cost to both the Employees' Retirement System and the Teachers Retirement System. The first year cost to the Employees' Retire ment System and the Teachers Retirement System would be $3,000 and $2,000, respec tively, in order to meet the concurrent funding requirements of OCGA 47-20-50. These costs are the amounts required each year for the next 20 years to amortize the unfunded actuarial accrued liability and would be paid through state appropriations. It should be noted that changes in the actuarial assumptions could affect the cost of this legislation.

The following is a summary of the relevant findings of the actuarial investigations for
this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to OCGA 47-20-36 which outlines the factors to be consid ered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System of Georgia
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$ 38,000 $ 3,000 ____20

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(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.
Teachers Retirement System of Georgia
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 4720-10). (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$_____ Q 15.39%
15.39%
$ 3,000
$ 27,000 $ 2,000 _____20 $_____0
11.66%
11.66%
$ 2,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,
Isl Claude L. Vickers State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton
Cagle Cheeks Crotts Dean Edge Egan

Farrow Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks
Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott
Starr Stokes Tanksley Taylor Thomas Walker

THURSDAY, MARCH 7, 1996

1113

Those not voting were Senators:

Clay Day (excused) Glanton James

Langford Perdue Ray (presiding) Slotin

Thompson (excused) Turner (excused) Tysinger

On the passage of the bill, the yeas were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The President Pro Tempore announced that the Senate would stand in recess from 12:00 P.M. until 1:30 P.M.
Senator Ray from the 19th, President Pro Tempore, called the Senate to order at 1:30 P.M.
The Calendar was resumed.

HB 1284. By Representatives Snelling of the 99th, Kinnamon of the 4th, Chambless of the 163rd and others:

A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provision regarding prison liti gation reform.
Senate Sponsor: Senator Clay of the 37th.

The report of the committee, which was favorable to the passage of the bill,was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge

Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 1st Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill Perdue Pollard Ragan Ralston Starr Tanksley Tysinger

Those not voting were Senators:

Abernathy Day (excused) James Johnson of 2nd Oliver

Ray (presiding) Scott Slotin Stokes Taylor

Thomas Thompson (excused) Turner (excused) Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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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 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates.
The House insists on its position in amending the Senate amendment, 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 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and others:
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 Speaker has appointed on the part of the House, Representatives Snow of the 2nd, Purcell of the 147th and Perry of the llth.
The Calendar was resumed.
HB 1149. By Representative Mueller of the 152nd:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," so as to provide for certain billing requirements. Senate Sponsor: Senator Pollard of the 24th.
The Senate Insurance and Labor Committee offered the following substitute to HB 1149:
A BILL
To be entitled an Act to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, "The Patient Cost of Care Act," so as to provide for certain billing requirements; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 37 of the Official Code of Georgia Annotated, "The Patient Cost of Care Act," is amended by striking Code Section 37-9-11, relating to billing, and inserting in its place the following:
"37-9-11.
The department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. No bill shall be payable unless it contains the dates of service for which the costs billed therein were incurred. The department is authorized to maintain in the name of the department and the State

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of Georgia any action at law or equity in any court of this state of any other state which may be necessary to collect such sums."

SECTION 2.

Section 1 of this Act shall only become effective when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act. The remainder of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge

Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt

Land Langford Madden Marable McGuire Middleton Newbill Perdue Pollard Ragan Ralston Tanksley Taylor Tysinger

Voting in the negative was Senator Farrow.

Those not voting were Senators:

Abernathy Day (excused) Johnson of 2nd Oliver Ray (presiding)

Scott Slotin Starr Stokes

Thomas Thompson (excused) Turner (excused) Walker

On the passage of the bill, the yeas were 42, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1088. By Representative Barnes of the 33rd:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Re tirement System, so as to repeal certain restrictions on members retired under such system.
Senate Sponsor: Senator Kemp of the 3rd.

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The following Fiscal Notes, as required by law, were read by the Secretary:
DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 December 8, 1995

Honorable Bill Cummings, Chairman Retirement Committee House of Representatives State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 1088 (LC 21 3531s) District Attorneys' Retirement System

Dear Representative Cummings:

This bill would allow members of the District Attorneys' Retirement System of Georgia to be eligible for election or appointment to any other state office for which compensation is paid, provided that all benefits are suspended during the period of service. This bill would also remove the provision prohibiting a retired member from receiving retirement benefits while engaging in the private practice of criminal law.

There are currently six retirees receiving benefits through the District Attorneys' Re tirement System. The cost of this proposed legislation would be approximately $42,000 in the first year for each retiree who engages in private practice, in order to meet the funding requirements of OCGA 47-20-50. The entire cost includes the amount necessary to fund the normal cost each year and would be paid through state appropriations. It should be noted that changes in the actuarial assumptions could affect the cost this legislation.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which

will result from the bill.

$_____N/A*

(2) The amount of the annual amortization of the unfunded

actuarial accrued liability which will result from the bill.

$_____N/A*

(3) The number of years that the unfunded actuarial accrued

(4)

liability created by this bill would be amortized. The amount of the annual normal cost which will result from

$ 42,0. 00 for

the bill.

each retiree

who engages

in private

____practice

(5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity
with minimum funding standards specified in Code Section 47-20-10). (7) The dollar amount of the increase in annual employer contribution which is necessary to maintain the retirement system in an aetuarially sound condition.

(2.72%) (2.72%) $______0**

* The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability.

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1117

** Although this bill would increase the cost to the System by $42,000 in the first year for each retiree who engages in private practice, the employer contribution would not increase since the System would remain in a well-funded position, provided no other bills affecting the District Attorneys' Retirement System are passed. If other bills affecting the System are passed into law, the aggregate effect of all bills passed must be analyzed to determine if the System would remain sufficiently funded.
It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.
Sincerely,
/s/ Claude L. Vickers State Auditor

DEPARTMENT OF AUDITS 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400 March 15, 1995

The Honorable Roy Barnes State Representative Legislative Office Building, Room 611 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 1088 (LC 21 3480) District Attorneys' Retirement System

Dear Representative Barnes:
This bill would provide that members retired under the District Attorney's Retirement Sys tem elected to public office can elect to receive the compensation of the office or can con tinue to receive the benefits under the District Attorneys' Retirement System, but he or she may not receive both. The bill also provides that the member electing to receive the salary of the public office will continue to be an active member of the District Attorneys' Retire ment System and will make employee contributions if he or she holds public office. This bill also removes the provision prohibiting a retired member from receiving retirement benefits while engaging in the private practice of criminal law.

This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/si Claude L. Vickers State Auditor

The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Crotts Dean Edge Farrow Gillis Glanton Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt

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Land Langford Madden Marable McGuire Newbill

Perdue Pollard Ragan Ralston Scott Starr

Stokes Tanksley Taylor Thomas Tysinger

Those not voting were Senators:

Abernathy Day (excused) Egan Gochenour

Johnson of 2nd Middleton Oliver Ray (presiding)

Slotin Thompson (excused) Turner (excused) Walker

On the passage of the bill, the yeas were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Edge of the 28th moved that Senator Ralston of the 51st be excused to present a bill in the House. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Ralston of the 51st was excused.

HB 1443. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 1st Kemp Lamutt Land Madden

Marable McGuire Middleton Newbill Perdue Pollard Ragan Scott Starr Stokes Tanksley Taylor Thomas Tysinger

Those not voting were Senators:

Abernathy Day (excused) Egan Johnson of 2nd

Langford Oliver Ralston (excused) Ray (presiding)

Slotin Thompson (excused) Turner (excused) Walker

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HR 987. By Representatives Walker of the 141st, Felton of the 43rd, Royal of the 164th and others:

A resolution amending a resolution creating the Georgia Future Communities Commission, so as to change the date on which the commission shall be abol ished.
Senate Sponsor: Senator Thomas of the 10th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow

Glanton Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 1st Lamutt Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Scott Starr Stokes Tanksley Taylor Thomas Tysinger Walker

Those not voting were Senators:

Abernathy Day (excused) Egan Gillis Griffin

Johnson of 2nd Kemp Langford Ralston (excused)

Ray (presiding) Slotin Thompson (excused) Turner (excused)

On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HB 1203. By Representative Irvin of the 45th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Act," so as to provide for a minimum time period for presentation at hearings on proposed zoning decisions.
Senate Sponsor: Senator Newbill of the 56th.
Senators Newbill of the 56th and Oliver of the 42nd offered the following substitute to HB 1203:
A BILL
To be entitled and Act to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Act," so as to provide for a minimum time period for presentation at hearings on proposed zoning decisions; to provide for the trial of certain proceedings and actions involving zoning decisions or zoning actions, the construc tion of the constitution, and the constitutionality of zoning ordinances in certain cases; to provide for proceedings and actions; to provide for the venue of such proceedings and ac tions; to provide for the judge who shall try such proceedings and actions and the selection,

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qualifications, and notification thereof; to provide for severability; 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 66 of Title 36 of the Official Code of Georgia Annotated, known as "The Zoning Procedures Law," is amended by striking in its entirety subsection (a) of Code Section 3666-5, relating to hearing policies and procedures and standards for exercise of zoning power, and inserting in lieu thereof the following:
"(a) Local governments shall adopt policies and procedures which govern calling and con ducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning deci sions for presentation of data, evidence, and opinion by proponents of each zoning deci sion and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side."
SECTION 2.
Said chapter is further is amended by adding at the end of said chapter a new Code Section 36-66-6 to read as follows:
"36-66-6.
(a) This Code section is enacted pursuant to Article IX, Section II, Paragraph IV of the Constitution of the State of Georgia and shall apply to the actions of the governing au thorities of all counties and municipalities adopting plans and exercising the power of zoning pursuant to said Paragraph.
(b) When the constitutionality of any zoning ordinance is drawn into question, facially or as applied, in any proceeding which involves the construction of the Constitution of the United States or the Constitution of the State of Georgia, which is brought before a local government, and which seeks a zoning decision or zoning action as defined in Code Sec tion 36-66-3, the aggrieved owner of the property, the applicant for a zoning decision or action, or a party adversely affected by the zoning decision may bring an action challeng ing such zoning decision on equitable or legal grounds in the superior court having juris diction of the local government.
(c) The superior court having jurisdiction of the action governed by this Code section shall be presided over by a judge of the superior court of a county which adjoins the county in which the court having jurisdiction over the local government is located. Such judge shall be that judge of the adjoining county or counties who has the most years of service as a judge of the superior court, but who resides outside the county in which the defendant local government is situated.
(d) Upon the filing of a petition or complaint, the clerk of the superior court having juris diction shall immediately notify the judge described in subsection (c) of this Code section of the institution of proceedings under this Code section. If such judge is disqualified or unable to serve or refuses to serve, the clerk shall immediately notify the administrative judge of the judicial district in which that superior court is located, who shall appoint a disinterested judge of the superior court or a senior judge of the superior court residing outside of the county in which the court having jurisdiction is located to serve in the place of such judge. The selected judge shall preside over such case as provided by law."
SECTION 3.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect

THURSDAY, MARCH 7, 1996

1121

the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Newbill of the 56th asked unanimous consent to withdraw her substitute to HB 1203.
The consent was granted, and the Newbill, Oliver substitute to HB 1203 was withdrawn.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Black Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Edge

Farrow Glanton Gochenour Griffin Hill Johnson of 2nd Johnson of 1st Kemp Lamutt Langford McGuire

Newbill Oliver Perdue Pollard Ragan Scott Tanksley Thomas Thompson Tysinger

Those voting in the negative were Senators:

Balfour Brown of 26th Crotts Dean Gillis Guhl

Harbison Henson Hooks Land Madden Marable

Middleton Starr Stokes Taylor Walker

Those not voting were Senators:

Day (excused) Egan James

Ralston (excused) Ray (presiding)

Slotin Turner (excused)

On the passage of this bill, the yeas were 32, nays 17. The bill, having received the requisite constitutional majority, was passed.

HR 946. By Representative Twiggs of the 8th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County. Senate Sponsor: Senator Middleton of the 50th.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Farrow

Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Day (excused) Egan James

Langford Perdue Ray (presiding)

Slotin Turner (excused)

On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Land of the 16th moved that Senator Crotts of the 17th be excused due to business. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Crotts was excused.

HB 1208. By Representatives Carter of the 166th, Bostick of the 165th, Walker of the 141st and Chambless of the 163rd:

A bill to amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgement garnishment proceedings, so as to change a procedure for signing and approving an affidavit for issuance of a summons of garnishment.
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 Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle

Cheeks Clay Dean Edge Farrow Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp

THURSDAY, MARCH 7, 1996

1123

Lamutt Land
Madden Marable McGuire Middleton Newbill

Oliver Perdue
Pollard Ragan Ralston Scott Starr

Stokes Tanksley
Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Black Crotts (excused) Day (excused)

Egan Langford Ray (presiding)

Slotin Turner (excused)

On the passage of this bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1118. By Representatives Mosley of the 171st, DeLoach of the 172nd, Shaw of the 176th and others:

A bill to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotat ed, relating to certain restrictions on landfill sites, so as to provide restrictions on landfills adjacent to certain bombing range facilities.
Senate Sponsor: Senator Kemp of the 3rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Crotts (excused) Day (excused) Egan

Perdue Ray (presiding)

Slotin Turner (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

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HB 1419. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:

A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "State Housing Trust Fund for the Homeless Act," so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commission to contract with the Department of Community Affairs; to change provisions concerning meetings.
Senate Sponsor: Senator Taylor of the 12th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour
Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton
Cagle Cheeks Clay Dean Edge Farrow
Gillis Glanton
Gochenour

Griffin
Guhl Harbison Henson Hill
Hooks James
Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford
Madden Marable
McGuire

Middleton
Newbill Oliver Pollard Ragan
Ralston Scott
Starr Stokes Tanksley Taylor Thomas Thompson
Tysinger Walker

Those not voting were Senators:

Abernathy Black Crotts (excused)

Day (excused) Egan Perdue

Ray (presiding) Slotin Turner (excused)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1613. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:

A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform automated information system for real and personal property records.
Senator Sponsor: Senator Pollard of the 24th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch

Boshears Bowen

Broun of 46th Brown of 26th

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1125

Burton Cagle Cheeks Clay Dean Edge Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Henson

Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Abernathy Black Crotts (excused)

Day (excused) Egan Ray (presiding)

Slotin Turner (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1454. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:

A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state em ployees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions.
Senate Sponsor: Senator Thomas of the 10th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Dean Edge Farrow Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

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JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy Crotts (excused) Day (excused)

Egan Ray (presiding)

Slotin Turner (excused)

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HR 792. By Representatives Titus of the 180th and Bates of the 179th:

A resolution designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center.
Senate Sponsor: Senator Ragan of the llth.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Blitch Crotts (excused) Day (excused)

Egan Henson Ray (presiding)

Slotin Tanksley Turner (excused)

On adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

HR 878. By Representatives Lane of the 146th and Godbee of the 145th:
A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. Senate Sponsor: Senator Hill of the 4th.

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1127

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 Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay
Dean Edge Egan Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr
Stokes Tanksley Thomas Thompson

Voting in the negative was Senator Black.

Those not voting were Senators:

Blitch Crotts (excused) Day (excused) Farrow

Hill Perdue Ray (presiding) Slotin

Taylor Turner (excused) Tysinger Walker

On the adoption of the resolution, the yeas were 43, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

HB 522. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:

A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual registration fees required for the issuance of such special license plates.
Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay

Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

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Oliver Pollard Ragan Ralston Scott

Starr Stokes Taylor

Thompson Tysinger

Those not voting were Senators:

Crotts (excused) Day (excused) Henson Perdue

Ray (presiding) Slotin Tanksley

Thomas Turner (excused) Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 966. By Representative Lee of the 94th:

A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the payment and procedures for reimbursement of travel ex penses for district attorneys and certain state paid personnel.
Senate Sponsor: Senator Boshears of the 6th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Dean Edge Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable

McGuire Middleton Newbill Oliver Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thompson Tysinger Walker

Those not voting were Senators:

Clay Crotts (excused) Day (excused) Egan

Langford Perdue Ray (presiding)

Slotin Thomas Turner (excused)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed.

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1129

HB 1327. By Representative Connell of the 115th:

A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501 (C) (3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to the board.
Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Clay Dean Edge
Egan Farrow Gillis

Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land
Langford Madden Marable

McGuire Newbill Oliver Perdue Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas
Thompson Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Cheeks Crotts (excused) Day (excused)

Middleton Ray (presiding)

Slotin Turner (excused)

On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed.

HB 1326. By Representatives Reichert of the 126th, Chambless of the 163rd, Skipper of the 137th and others:

A bill to amend Code Section 14-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to professional corporations, so as to add pharma cists to the definition of profession; to allow pharmacists to form professional corporations.
Senate Sponsor: Senator Stokes of the 43rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black

Blitch Boshears Bowen

Broun of 46th Brown of 26th Burton

1130

JOURNAL OF THE SENATE

Cagle Cheeks Clay Dean
Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Hooks James
Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton

Newbill Oliver Perdue Pollard
Ralston Scott Starr Stokes Taylor Thomas Thompson Tysinger Walker

Those not voting were Senators:

Crotts (excused) Day (excused) Johnson of 2nd

Ragan Ray (presiding) Slotin

Tanksley Turner (excused)

On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 675. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates; to authorize the designation of contracting parties as law enforcement units; to provide for the adoption of rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by striking Code Section 42-2-8, relating to the additional duties of the commissioner, and inserting in its place a new Code Section 42-2-8 to read as follows:
"42-2-8.
The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in

THURSDAY, MARCH 7, 1996

1131

the administration of the penal system or as may be directed by the board. The commis sioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board. The commissioner or his the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisi tion of professional and personal employment services and for the leasing of real prop erty. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organiza tion with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-2."
SECTION 2.
Said chapter is further amended by striking Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, in its entirety and inserting in its place a new Code Section 42-2-11 to read as follows:
"42-2-11.
(a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdiction provided for in this title or as otherwise provided by law.
(b) The board is authorized to adopt, establish, and promulgate rules and regulations governing the transaction of the business of the penal system of the state by the depart ment and the commissioner and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision and shall make the institutions as self-supporting as possible.
(c) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody.
(d) The board shall also adopt rules and regulations governing the conduct and the wel fare of the employees of the state institutions operating under its authority and of the county correctional institutions and correctional facilities or program operating under its supervision. It shall prescribe the working hours and conditions of work for employees in the office of the commissioner and in institutions operating under the authority of the board.
(e) The board shall also adopt rules and regulations governing the negotiation and execu tion of any contract for the land acquisition, design, construction, operation, mainte nance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities.
feXf) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations.
(fKg) As used in this Code section, the words 'rules and regulations' shall have the same meaning as the word 'rule' is denned in paragraph (6) of the Code Section 50-13-2."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1132

JOURNAL OF THE SENATE

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 675.
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 Dean Edge Egan Farrow Gillis Glanton

Gochenour Griffin Guhl Harbison
Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

Middleton Newbill Oliver Perdue
Pollard Ragan Ralston Scott Starr Stokes Tanksley Taylor Thomas Thompson Tysinger Walker

Those voting in the negative were Senators:

Blitch

Boshears

Hill

Those not voting were Senators:

Crotts (excused) Day (excused)

Ray (presiding) Slotin

Turner (excused)

On the motion, the yeas were 48, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 675.
Senator Thompson of the 33rd moved that the Senate reconsider its action in agreeing to the House substitute to SB 675.
Senator Thompson of the 33rd asked unanimous consent that his motion be with drawn. The consent was granted, and the motion to reconsider agreeing to the House sub stitute to SB 675 was withdrawn.
Serving as the doctor of the day, was Dr. Garnett Giesler, of LaGrange, Georgia.
Senator Perdue of the 18th moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 3:00 P.M., the President announced the Senate adjourned.

FRIDAY, MARCH 8, 1996

1133

Senate Chamber, Atlanta, Georgia Friday, March 8, 1996
Thirty-fifth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President.
Senator marable of the 52nd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1378. By Representatives Burkhalter of the 41st and Campbell of the 42nd:
A bill to amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, so as to change a definition.
HB 1631. By Representatives Davis of the 48th, Holmes of the 53rd and Heckstall of the 55th:
A bill to amend the "Atlanta Enterprise Zone Act," so as to change the provisions relating to the duration of zones created for residential purposes.
HB 1844. By Representative Davis of the 48th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the provisions regarding the minimum acreage within certain such zones.
HB 1855. By Representative Carter of the 166th:
A bill to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected.
HB 1856. By Representatives Anderson of the 116th and DeLoach of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to increase the salary of the coroner.
HB 1857. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to require abstention from voting under certain circumstances.
HB 1858. By Representatives Snelling of the 99th and Hembree of the 98th:
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 City of Lithia, Springs, and not a designee of the mayor, shall be an ex officio member of the authority board of directors.

1134

JOURNAL OF THE SENATE

HB 1859. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a singlemember education district and be elected by the voters residing only in that education district or should reside in a single-member education district and be elected by the voters of the entire Bartow County School District.

HB 1860. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for compensation of members.

HB 1861. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the reimbursement of the members of said board of commissioners for travel expenses.

HB 1862. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and others:
A bill to create the City of Grantville Utilities Authority.

HB 1863. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to change the term of office of the solicitor of said court.

HB 1865. By Representatives Polak of the 67th, Teper of the 61st, Baker of the 70th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the city of Decatur.

HB 1866. By Representatives Dixon of the 150th, Thomas of the 148th, Pelote of the 149th and others:
A bill to amend an Act relating to the school system of the City of Savannah and County of Chatham, so as to provide that the members of the board of education shall be nominated and elected on a nonpartisan basis.

SB 642. By Senator Egan of the 40th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, as amended.

SB 492. By Senators Turner of the 8th, Broun of the 46th, Scott of the 36th and others:

A bill to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia

Annotated, relating to banks and trust companies, so as to provide for the gov-

,

ernance of interstate acquisitions of banks and holding companies connected to

Georgia financial institutions by other banks or bank holding companies; to pro

vide for definitions; to provide for acquisitions upon certain conditions.

FRIDAY, MARCH 8, 1996

1135

SB 304. By Senator Brown of the 26th:
A bill to amend an Act entitled "An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water CommissionersPension Plan," as amended, so as to provide an increase in retirement benefits for members who retired during a certain period; to provide conditions for an effective date and automatic repeal.
SB 415. By Senator Johnson of the 1st:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.
SB 554. By Senators Henson of the 55th and Madden of the 47th:
A bill to amend Chapter 41 of Title 31 of the official Code of Georgia Annotated, relating to lead poisoning prevention, so as to provide that the Department of Natural Resources may designate the environmental protection division to per form certain duties; to provide that implementation of certain lead paint abate ment certification programs shall be contingent upon the promulgation of cer tain federal regulations.
The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 228. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevo cable and binding on successors and heirs; to provide for the submission of this amendment for ratification or rejection.
SR 384. By Senators Guhl of the 45th, Crotts of the 17th, Pollard of the 24th and others:
A resolution designating the Purple Heart Highway.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 553. By Senator Henson of the 55th:
A bill to amend Chapter 14 of Title 43 of the official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide for definition of a certain term; to provide for additional examinations, licenses, and endorsements for plumbers.
SB 672. By Senators Johnson of the 2nd, Johnson of the 1st, Hill of the 4th and others:
A bill to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members.

1136

JOURNAL OF THE SENATE

SB 597. By Senators Clay of the 37th, Edge of the 28th and Johnson of the 1st:
A bill to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 508. By Senator Tysinger of the 41st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercing of the bodies of minors without the consent of their parents or guardians; to provide for a penalty.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1355. By Representatives Holmes of the 54rd, Stanley of the 50th, Sinkfield of the 57th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authorities and their property from taxes and special assessments; to change provisions relating to the renting of housing units.
HB 1533. By Representatives Brush of the 112th and McCall of the 90th:
A bill to create a board of elections and registration for Lincoln County.
HB 1620. By Representatives Jones of the 71st, Baker of the 70th, Lawrence of the 64th and others:
A bill to create the DeKalb County Civic Center Authority.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agricul tural products by agricultural processing industries and used for the promotion of such agricultural processing industries without the need for paying such mon eys into the general fund of the state treasury.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.

FRIDAY, MARCH 8, 1996

1137

HB 1229. By Representatives Royal of the 164th, Buck of the 135th, Culbreth of the 132nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from sales and use tax certain sales through a vending machine of tangible personal property which is intended for human consumption.
HB 1291. By Representatives Lane of the 146th, Kinnamon of the 4th, Lewis of the 14th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of "injury" and "personal injury"; to define the term "independent contractor"; to provide a mechanism for members of limited liability companies to opt out of coverage.
HB 1296. By Representatives Jenkins of the 110th, Birdsong of the 123rd and Twiggs of the 8th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person medically unfit to be housed safely in a jail pending acquisition of an appropriate medical release.
HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Annotat ed, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provision of certain insurance, retirement, and other employment benefits established and funded during such term.
The following bills were introduced, read the first time and referred to committees:
SB 784. By Senator Guhl of the 45th:
A bill to amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superi or Court, and the Chairperson of the Board of Commissioners of Walton County to reflect increases in the cost of living, as amended, so as to change the base salary for such county officers.
Referred to Committee on State and Local Governmental Operations.
SR 639. By Senators Marable of the 52nd, Dean of the 31st, Johnson of the 1st and Perdue of the 18th:
A resolution creating the Senate Certificate of Need Study Committee.
Referred to Committee on Rules.

1138

JOURNAL OF THE SENATE

SR 641. By Senator James of the 35th:
A resolution supporting the Life Sharing Foundation, Inc., through its national environmental education and community service program, Student Action for Recycling (STAR), in its effort to provide a model volunteer recycling services program at the 1996 Atlanta Olympic Games; and supporting the Life Sharing Foundation, Inc., in its efforts to establish a model environmental vocational education and job training program at the George Washington Carver High School in Atlanta, Georgia.
Referred to Committee on Rules. The following bills were read the first time and referred to committee:
HB 1378. By Representatives Burkhalter of the 41st and Campbell of the 42nd:
A bill to amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, so as to change a definition.
Referred to State and Local Governmental Operations Committee.
HB 1631. By Representatives Davis of the 48th, Holmes of the 53rd and Heckstall of the 55th:
A bill to amend the "Atlanta Enterprise Zone Act," so as to change the provisions relating to the duration of zones created for residential purposes.
Referred to State and Local Governmental Operations Committee.
HB 1844. By Representative Davis of the 48th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the provisions regarding the minimum acreage within certain such zones.
Referred to State and Local Governmental Operations Committee.
HB 1855. By Representative Carter of the 166th:
A bill to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected.
Referred to State and Local Governmental Operations Committee.
HB 1856. By Representatives Anderson of the 116th and DeLoach of the 119th:
A bill to amend an Act relating to the compensation of the coroner of Burke County, so as to increase the salary of the coroner.
Referred to State and Local Governmental Operations Committee.
HB 1857. By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to require abstention from voting under certain circumstances.
Referred to State and Local Governmental Operations Committee.

FRIDAY, MARCH 8, 1996

1139

HB 1858. By Representatives Snelling of the 99th and Hembree of the 98th:
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 City of Lithia Springs, and not a designee of the mayor, shall be an ex officio member of the authority board of directors.
Referred to State and Local Governmental Operations Committee.
HB 1859. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a singlemember education district and be elected by the voters residing only in that education district or should reside in a single-member education district and be elected by the voters of the entire Bartow County School District.
Referred to State and Local Governmental Operations Committee.
HB 1860. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for compensation of members.
Referred to State and Local Governmental Operations Committee.
HB 1861. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the reimbursement of the members of said board of commissioners for travel expenses.
Referred to State and Local Governmental Operations Committee.
HB 1862. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Yates of the 106th and Epps of the 131st:
A bill to create the City of Grantville Utilities Authority.
Referred to State and Local Governmental Operations Committee.
HB 1863. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to amend an Act creating the State Court of Ware County, so as to change the term of office of the solicitor of said court.
Referred to State and Local Governmental Operations Committee.
HB 1865. By Representatives Polak of the 67th, Teper of the 61st, Baker of the 70th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.
Referred to State and Local Governmental Operations Committee.

1140

JOURNAL OF THE SENATE

HB 1866. By Representatives Dixon of the 150th, Thomas of the 148th, Pelote of the 149th and Bordeaux of the 151st:
A bill to amend an Act relating to the school system of the City of Savannah and County of Chatham, so as to provide that the members of the board of education shall be nominated and elected on a nonpartisan basis.
Referred to State and Local Governmental Operations Committee.
HB 1867. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to provide a new charter for the City of Lithia Springs.
Referred to State and Local Governmental Operations Committee. The following committee reports were read by the Secretary:
Mr. President: The Committee on Agriculture has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation: HB 1317. Do pass by substitute.
Respectfully submitted, Senator Ragan of the llth 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 1442. Do pass by substitute.

HB 1728. Do pass.

HB 1637. Do pass.

Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1803. Do pass as amended.
Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President:
The Committee on Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1202. Do pass by substitute.

HB 1362. Do pass.

Respectfully submitted, Senator Marable of the 52nd District, Chairman

FRIDAY, MARCH 8, 1996

1141

Mr. President: The Committee on Higher Education has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1115. Do pass by substitute.
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 1065. Do pass.

HB 1420. Do pass.

HB 1197. Do pass by substitute.

HB 1493. Do pass.

HB 1388. Do pass.

HB 1583. Do pass by substitute.

HB 1401. Do pass by substitute.

HB 1643. Do pass.

Respectfully submitted, Senator Oliver of the 42nd District, Chairman

Mr. President:
The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 963. Do pass.

HB 1046. Do pass.

HB 1006. Do pass.

Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

Mr. President:
The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1030. Do pass as amended. HB 1479. Do pass as amended.

HB 1555. Do pass as amended.

Respectfully submitted, Senator Egan of the 40th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 778. Do pass.

HB 1811. Do pass.

SB 779. Do pass.

HB 1816. Do pass.

SB 780. Do pass.

HB 1822. Do pass.

1142

JOURNAL OF THE SENATE

HB 1797. Do pass. HB 1798. Do pass.

HR 1096. Do pass by substitute.
Respectfully submitted, Senator Thomas of the 10th District, Chairman

Mr. President:

The Committee on State and Local Governmental Operations has had under consider ation the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1222. Do pass.

HB 1385. Do pass.

HB 1252. Do pass.

HB 1192. Do pass.

HB 1366. Do pass as amended.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following bills were read the second time:

HB 6 HB 1227 HB 1375 HB 1504 HB 1632

HB 273 HB 1268 HB 1394 HB 1525 HB 1647

HB 713 HB 1328 HB 1398 HB 1553 HB 1649

HB 1101 HB 1330 HB 1429 HB 1575 HB 1736

HB 1166 HB 1338 HB 1484 HB 1582 HR 769

HB 1183 HB 1361
HB 1498 HB 1625

Senator Madden of the 47th moved that Senator Langford of the 29th be excused due to a House Rules committee meeting. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Langford of the 29th was excused.
Senator Land of the 16th moved that Senator Harbison of the 15th be excused due to out of city business. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Harbison of the 15th 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 Gillis

Glanton Gochenour Griffin
Guhl Henson
Hill Hooks James Johnson of 2nd
Johnson of 1st
Kemp Lamutt Land Madden Marable McGuire Middleton

Newbill Oliver Perdue
Pollard Ragan
Ralston Ray Scott Starr
Stokes
Tanksley Taylor Thomas Thompson Turner Tysinger Walker

FRIDAY, MARCH 8, 1996

1143

Those not answering were Senators:

Abernathy Harbison (excused)

Langford (excused) Slotin

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Taylor of the 12th introduced the chaplain of the day, Reverend Brian Welch, pastor of Gordy New Bethel Baptist Church, Sylvester, Georgia, who offered scripture read ing and prayer.
The following resolutions were read and adopted:

SR 640. By Senators Ragan of the llth, turner of the 8th, Ray of the 19th and others: A resolution commending the Cairo High School Class of 1946.

SR 642. By Senator Thomas of the 10th:
A resolution commending Tau Pi Omega Chapter of Alpha Kappa Alpha Sorori ty, Inc.

SR 643. By Senator James of the 35th: A resolution commending Sylvia Dunnavant.

SR 644. By Senator Thomas of the 10th:
A resolution commending James B. Hall.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
Friday, March 8, 1996 THIRTY-FIFTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 778 Blitch, 7th CITY OF ST. MARYS
An Act to amend an Act providing for a new charter for the City of St. Marys, so as to provide that the mayor and council members shall continue to serve for the terms for which elected.

SB 779 Madden, 47th CITY OF ARCADE
An Act to amend the city charter, so as to change the corporate limits of that city.

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SB 780 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
An Act to amend an Act revising, superseding, and consolidating the laws relat ing to the governing authority and creating a chairman and board of commis sioners, so as to require the Board of Commissioners of DeKalb County to hold at least two public hearings prior to the merger of any local chamber of com merce.
HB 1797 Taylor, 12th Hooks, 14th DOUGHERTY COUNTY
An Act to amend an Act creating the Small Claims Court, now the Magistrate Court of Dougherty County, so as to provide one additional full-time magistrate.
HB 1798 Gochenour, 27th LAMAR COUNTY
An Act to provide $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for condi tions and procedures relating thereto.
HB 1811 Boshears, 6th CITY OF OFFERMAN
An Act to provide a new charter for the City of Offerman.
HB 1816 Gillis, 20th TOOMBS COUNTY
An Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County.
HB 1822 Pollard, 24th GLASCOCK COUNTY
An Act to reconstitute the Board of Education of Glascock County.
*HR 1096 Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
A resolution recreating the Joint Study Committee on DeKalb County's Form of Government. (SUBSTITUTE)

FRIDAY, MARCH 8, 1996

1145

The substitute of the following bill was put upon its adoption:
The Senate State and Local Governmental Operations Committee offered the following substitute to HR 1096:
A RESOLUTION
Re-creating the Joint Study Committee on DeKalb County's Form of Government; and for other purposes.
WHEREAS, DeKalb County's form of government is unique in the State of Georgia; and
WHEREAS, the local Act of the General Assembly which established this unique form of county government and fixed the powers and duties of the officers constituting the gov erning authority, including the Chief Executive Officer, was enacted in 1981, pursuant to authority granted by a local constitutional amendment enacted in 1979 and subsequently approved by the voters; and
WHEREAS, many portions of the local Act can be amended only after approval by the voters of DeKalb County in a referendum; and
WHEREAS, DeKalb County's form of government was adopted after careful study by sev eral commissions, including the DeKalb County Government Reorganization Commission, which was created by an Act of the General Assembly in 1979 providing for the member ship to be appointed by former members of a previous study committee, by the Chairman of the Board of Commissioners of DeKalb County, by other members of the Board of Commis sioners of DeKalb County, by the DeKalb County legislative delegation to the General Assembly, and by numerous civic organizations; and
WHEREAS, DeKalb County has been through many changes in the 14 years since the adoption of its form of government, and careful study is needed to determine if a reorgani zation of the county's government could provide a government more representative of county citizens and more responsive to their needs and promote more efficient and effective delivery of governmental services for the citizens of the county; and
WHEREAS, the Joint Study Committee on DeKalb County's Form of Government, created in 1995 to explore these issues, made excellent progress but went out of existence without completing its task.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is recreated the Joint Study Committee on DeKalb County's Form of Government to be com posed of 14 members. Three members of the House of Representatives shall be appointed by the chairperson of the DeKalb County delegation in the House of Representatives, and three members of the Senate shall be appointed by the chairperson of the DeKalb County delegation in the Senate. The chairperson of the DeKalb County delegation in the House of Representatives shall appoint four additional members who shall be citizens of DeKalb County with interest and expertise in county government. The chairperson of the DeKalb County delegation in the Senate shall appoint four additional members who shall be citi zens of DeKalb County with interest and expertise in county government. The chairperson of the DeKalb County delegation in the House of Representatives will designate the chairperson of the committee, and the chairperson of the DeKalb County delegation in the Senate shall designate a member of the committee as vice chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the condi tions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legisla tion, if any, such report shall be made on or before December 1,1996. The committee shall stand abolished on December 1, 1996.

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On the adoption of the Substitute, the yeas were 51, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Day Dean Edge Egan Farrow

Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable McGuire

Middleton Newbill Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Turner Walker

Those not voting were Senators:

Abernathy Harbison (excused)

Langford (excused) Thompson

Tysinger

On the passage of the local bills, the yeas were 51, nays 0.
All the bills on the Local Consent Calendar, except HR 1096, having received the requi site constitutional majority, were passed.
HR 1096, having received the requisite constitutional majority, was passed by substitute.
Senator Madden of the 47th moved that all Senate bills on the Local Consent Calendar be immediately transmitted to the House.
On the motion, the yeas were 33, nays 0; the motion prevailed, and all Senate bills on the Local Consent Calendar were immediately transmitted to the House.
The following bill was taken up to consider House action thereto:

SB 459. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and re pealed.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), so as to continue in office certain

FRIDAY, MARCH 8, 1996

1147

members of such board and provide for the expiration of their terms; to provide for educa tion districts; to provide for the election of board members; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for definitions and inclusions; to provide for submission of this Act to the U.S. Attorney General; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), is amended by striking Sections 2 through 7 of said Act and inserting in lieu thereof new Sections 2 through 7 to read as follows:

"SECTION 2

Those members of the board of education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.

SECTION 3.

(a) The Board of Education of Bartow County shall be composed of five members. All mem bers elected at or subsequent to the election in 1996 shall be elected from the education districts described in subsection (b) of this section.

(b) For the purpose of electing the members of the Board of Education, the Bartow County School District shall be divided into five education districts. One member of the board shall be elected from each district. Those districts shall consist of the described territory of the Bartow County School District attached to this Act and made a part hereof and further identified as 'Operator: local Client: bartow Plan: bartowsb2.'

(c) For purposes of this section:

(1) The terms 'Tract' and 'Block' shall mean and describe the same geographical bounda ries 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) Any part of the Bartow County School District which is not included in any education district described in this section shall be included within that education district contigu ous to such part which contains the least population according to the United States de cennial census of 1990 for the State of Georgia; and

(3) Any part of the Bartow County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contigu ous to such part which contains the least population according to the United States de cennial census of 1990 for the State of Georgia.

(d) The members of the Board of Education of Bartow County who are in office on the effective date of this Act shall continue to serve as such for the remainder of their unexpired terms for which they were elected. The members serving on such date are desig nated as members representing new districts as follows:

Member
Lawanda Martin Larry Ferguson Tony Kincannon Charles Shifflett Marlene Layton

New Education District
1 2 3 4 5

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(e) The first members of the board of education elected under this Act from Education Dis tricts 1 and 2 shall be elected on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Education Districts 1 and 2 in 1996 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2000, and upon the election and quali fication of their respective successors. The first members of the board of education elected under this Act from Education Districts 3, 4, and 5 shall be elected on the Tuesday next following the first Monday in November, 1998. Those members of the board elected thereto from Education Districts 3, 4, and 5 in 1998 shall take office the first day of January imme diately following that election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(g) If a member moves his or her residence from the education district he or she was elected from to an education district from which there is a current member of the board, the posi tion on the board of the member so moving shall automatically become vacant.
SECTION 4.
(a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law.
(b) In order to be elected as a member of the board from an education district, a person must have resided in that district prior to election thereto. Each member shall be elected by the electors voting with the respective district and not at large and must receive the number of votes cast for that office as required by general law. Only electors who are resi dents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a can didate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant.
SECTION 5.
In case of a vacancy on the board by death, resignation, or any cause other than the expira tion of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any education district of which one of the remaining members of the board is a resident.
SECTION 6.
Reserved.
SECTION 7.
Reserved."
SECTION 2.
Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Bartow County to submit this Act to the United States Attorney General for approval pursuant to Section 5 of the federal Voting rights Act of 1965, as amended.

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1149

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Operator:________local client:________bartow plan:_________bartowsb2
District No. 1 BARTOW
Tract:9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 278, 282, 283, 284, 285, 286, 287, 288, 289, 290
Tract:9605. Block: 304, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416
Tract:9606. Block: 106B, 106C, 108B, 109,110, 111B, 112B, 113B, 114B, 114C, 124B, 425B, 427, 428B, 429B, 431C, 431D, 432B, 608B, 608C, 614C, 616, 617B, 617C, 618C, 618D, 618E
Tract:9608. Block: 373C, 374, 375, 376, 405, 406, 407, 408, 521, 522B, 522C, 523B, 525B, 525C, 526, 527, 528, 529, 530B, 531B, 531C, 532, 533, 534, 535, 536B, 537, 538, 539, 540B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553
Tract:9609. Block: 101, 102, 103, 104, 105B, 105C, 105D, 105E, 106, 107, 108D, 108E, 109, 110, 111, 112,113B, 114C, 114D, 115B, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211B, 211C, 213, 214B, 215H, 217, 218, 219, 220, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301B, 301C, 304B, 305B, 306B, 306C, 307B, 308B, 308C, 308D, 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, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Tract:9610. Block: 111, 112A, 112B, 113A, 113B, 114, 126,127A, 127B, 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, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268, 269, 270A, 270B, 271A, 271B, 272, 273, 274, 275, 276
District No. 2 BARTOW
Tract:9601. Block: 115, 116, 117, 118, 119, 120, 121, 122, 123, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 221, 222
Tract:9602. Block: 101, 102, 103, 104, 105, 106, 107A, 107B, 108, 109A, 109B, 109C, 110, 111, 112,113, 114, 115,116,117, 118,119, 120,121,122,123,124,125,126, 127, 128A, 128B, 128C, 129A, 129B, 130,131, 132,133, 134, 135,136,137, 138, 139,140,141, 142, 143, 144, 145, 149, 150, 151A, 151B, 152 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, 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, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554

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Tract:9603.98
Block: 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, 149, 150, 151A, 151B, 152, 153A, 153B, 154, 155, 156, 157A 157B, 158, 159, 160, 206, 207, 208, 209, 210, 213, 214, 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, 275, 276, 277, 279, 280, 281, 291
Block Group:3 Tract:9610.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 234, 235, 239
District No. 3 BARTOW
Tract:9601.
Block: 223, 224, 225, 226, 227, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257
Tract:9602. Block: 146, 147, 148, 542
Tract:9603.98
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222
Tract:9604.
Block: 208, 209, 210, 227, 228, 229, 230, 231, 232B, 233, 234B Block Group:3 Block Group:4
Block: 501, 502, 503, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513B, 513C, 514B, 514C, 515B, 515C, 515D, 515E, 515F
Tract:9605.
Block: 207C, 207D, 208, 216, 217, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 417B, 418B, 420B, 421B
District No. 4 BARTOW
Tract:9601. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 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, 186, 187, 188, 189, 190, 201, 202, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301, 302, 303A, 303B, 304, 305A, 305B, 305C, 306, 307, 308, 309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336, 337A, 337B, 338A, 338B, 339, 340A, 340B, 341, 342, 343, 344, 345B, 345C, 345D, 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, 382B, 383B, 384, 385, 386
Tract:9604. Block: 101C, 102,103,104,105, 106,107, 108,109,110, 111, 112, 113, 114,115,116, 117, 118B, 118C, 118D, 118E, 119, 120B, 121B, 122B, 123B, 124, 125, 126, 127, 128, 132B, 133B, 201, 202, 203B, 203C, 203D, 204, 205B, 205C, 206C, 207, 211, 212B, 213C, 213D, 214B, 214C, 215, 216,217B, 217C, 218B, 219, 220, 223B, 224B, 225B, 226, 235B, 235C, 236B, 236C, 236D, 237, 238, 239B, 239C, 241C, 242C,

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1151

243B, 243C, 244C, 245B, 245C, 246B, 247B, 247C, 248B, 249, 250B, 25IB, 252B 253C, 254B, 255B, 256B, 257C, 258B, 259, 260, 261B, 513D, 513E
Tract:9605.
Block: 101, 102B, 103, 104B, 105B, 106B, 107, 108, 109, 110, 111, 112B, 112C, 113, 114, 115, 116B, 117A, 117B, 117C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131B, 132B, 133B, 134B, 138, 139, 140, 201, 202, 203B, 203C, 421C, 422
Tract:9607.
Block: 111, 112, 113, 114, 115, 116, 117, 118, 119, 120B, 120D, 121, 122, 123, 124, 125, 126, 127, 128B, 132, 133, 134, 140D, 203C, 204B, 206D, 206E, 206F, 207B, 213B, 214C, 214D, 301B, 301C, 301D, 302B, 303B, 304D, 304E, 305B, 305C, 306B, 307B, 321B, 321C
District No. 5 BARTOW
Tract:9606.
Block: 501B, 501C, 523B, 524B, 601, 602B, 602C, 614D, 618B, 621
Tract:9607.
Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120C, 129, 130, 131, 135, 136B, 140C, 141B, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152B, 153, 159B, 160,161, 162A, 162B, 165B, 166B, 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
Tract:9608.
Block Group:!
Block Group :2
Block: 301A, 301B, 302A, 302B, 303A, 303B, 303C, 304, 305A, 305B, 305C, 306, 307A, 307B, 308, 309, 310A, 310B, 310C, 311, 312, 313, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 318C, 319A, 319B, 319C, 320A, 320B, 321, 322A, 322B, 323A, 323B, 324, 325A, 325B, 326A, 326B, 326C, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 343C, 343D, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355A, 355B, 355C, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371A, 371B, 372, 373A, 373B, 401, 402, 403, 404, 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, 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, 540A, 541A, 541B, 554, 555, 556
January 26, 1996
I certify that SB 459 by Substitute has received the technical review necessary to ensure to the best of our ability the accuracy of its content. However, if the description of the districts therein was not prepared by this office, than this statement does not assume responsibility for the accuracy of the geographic boundaries of the described districts. The accuracy of any such description is the responsibility of the local government unit.
Is/ Tommy Smith Chairman, Legislative and Congressional Reapportionment Committee
March 10, 1995
I certify that SB 459 has received the technical review necessary to ensure to the best of our ability the accuracy of its content. However, if the description of the districts therein was not prepared by this office, then this statement does not assume responsibility for the

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accuracy of the geographic boundaries of the described districts. The accuracy of any such description is the responsibility of the local government unit.
/s/ Tommy Smith Chairman, Legislative and Congressional Reapportionment Committee
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 459 as amended by the following amendment:
Amend the House substitute to SB 459 by striking lines 3 through 10 of page 1 and in serting in lieu thereof the following:
"4915), so as to provide for a statement of purpose; to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a single-member education district and be elected by the voters residing only in that education district or should reside in a single-member education district and be elected by the voters of the entire Bartow County School District; to provide for legislative find ings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to provide for the submission of this Act; to repeal con flicting laws; and for other purposes.".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By striking Section 1 and inserting in lieu thereof the following:
"SECTION 1.
It is the purpose of this Act to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of ascertaining whether the electors of such school district are in favor of each of the five members of the Bartow County Board of Education being required to reside in a single-member education district and be elected by the voters residing only in that education district or being required to reside in a singlemember education district and be elected by the voters of the entire Bartow County School District.
SECTION 2.
An Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), is amended by adding to said Act a new Section 1.1 to read as follows:
'SECTION 1.1.
(a) Unless prohibited by the Federal Voting Rights Act of 1965, as amended, the election superintendent of Bartow County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting one question to the electors of the Bartow County School District to determine whether the electors of such school dis trict are in favor of each of the five members of the Bartow County Board of Education: (1) being required to reside in a single-member education district and be elected by the voters residing only in that education district, or (2) being required to reside in a singlemember education district and be elected by the voters of the entire Bartow County School District. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 1996, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the following:

FRIDAY, MARCH 8, 1996

1153

"Advisory Referendum Election
Select the manner of electing members of the Board of Education of Bartow County which you prefer by placing a check (/) mark or (X) in the appropriate space below. Vote for only one of the options below. If the Bartow County School District is divided into five education districts with one member of the board of education residing in each education district, do you want:
(1) The member of the board of education residing in each education district to be elected by the voters residing only within that education district; or ^_^_^_ (2) Each member of the board of education to be elected by the voters of the entire Bartow County School District?" (b) It shall be the duty of the election superintendent of Bartow County to hold and con duct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Bartow County. The expense of such election shall be borne by Bartow County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Bartow County and the Bartow County School District, is for a public purpose, and is an essential governmental function for which public funds may be expended.'". On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 459 as amended by the Senate.
SENATE RULES CALENDAR Friday, March 8, 1996
THIRTY-FIFTH LEGISLATIVE DAY
HB 1318 Elections to fill unexpired terms; position on ballot (SLGO-G--10th) Lucas --124th
HB 1723 Elections; absentee voting; restrictions (SLGO-G--10th) Connell--115th
HB 1265 General appropriations; FY 1996-97 (Substitute) (Approp--14th) Murphy --18th
HB 1078 Business development corporations; interest on loans (B&FI--8th) Watts--26th
HB 1458 Conservation use property; family farm limited partnership (Amendment) (Ag--8th) Rogers--20th
HB 1638 Taxation of financial institutions; comprehensive revision (B&FI--8th) Parrish--144th
HB 1591 State and local governments; credit card payments; authorize (SLGO-G--44th) Walker--141st
HB 907 Misrepresenting the origin of timber; define offense (Substitute) (S Judy--18th) Crawford--129th
HB 1218 Superior court judges; secretary's pay schedule; exception (Substitute) (S Judy--28th) Simpson--101st
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 7, 1996.)

1154

JOURNAL OF THE SENATE

HB 1287 Nuisances; property used for drug related activity (Judy--42nd) Sherrill--62nd

HB 873 Works of fine art; duplication agreement (C Aff-- 55th) Teper--61st

HB 1487 Hotel-motel tax; county and municipal levies; authorization (F&PU--16th) Buck--135th

HB 1316 Statutory rape; penalty provisions (Judy--50th) Baker--70th

HB 1627 Limited liability limited partnership; provisions (S Judy--28th) Baker--70th

SR 621 Joint Digital Signatures Study Committee -- create (Rules--41st)

HB 1270 Employment security; amend provisions (I&L--47th) Lane--146th

HR 1032 Blue Ribbon Commission on the General Assembly of Georgia; create (SLGOG--10th) Purcell--9th

HB 106 Workers' compensation; voluntary service for AGOG; coverage (Substitute) (I&L--29th) Lane--146th

HB 598 Cobb County; state court; judge pro hoc vice (Judy--37th) Towery--30th

HB 1531 Public indecency; Code provisions cumulative to local ordinances (S Judy --44th) Buckner--95th
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 1318. By Representatives Lucas of the 124th, Polak of the 67th, Walker of the 141st and others:

A bill to amend Chapter 2 of Title 21, relating to elections and primaries gener ally, and Code Section 45-5-3, relating to the election or appointment of succes sors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide.
Senate Sponsor: Senator Henson of the 55th.

Senator Edge of the 28th moved that HB 1318 be committed to the State and Local Governmental Operations Committee.
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 Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Johnson of 1st

Lamutt Land McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Blitch Bowen Broun of 46th

Brown of 26th Cheeks Dean

Farrow Gillis Griffin

FRIDAY, MARCH 8, 1996

1155

Henson Hill Hooks James Johnson of 2nd Kemp Madden Marable

Middleton Oliver Perdue Pollard Ragan Ray Scott

Slotin Starr Stokes Thomas Thompson Turner Walker

Those not voting were Senators:

Abernathy Harbison (excused)

Langford (excused) Taylor

On the motion, the yeas were 21, nays 31, and the motion to commit HB 1318 to the State and Local Governmental Operations Committee lost.
Pursuant to Senate Rule 61, the following protest was filed with the Secretary:

THE STATE SENATE Atlanta, Georgia 30334
March 12, 1996

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Eldridge:
Pursuant to Rule #61 of the Rules of the Georgia State Senate, this is to enter a formal protest against the action of the Senate in considering House Bill 1318 on Friday, March 8, 1996.1 feel that the Senate's action in considering this bill was against the letter and spirit of the Senate Rules, particularly Senate Rule #187. It is undisputed that a public notice was posted indicating that the State and Local Government Operations Committee would take up House Bill 1318 on February 29, 1996 and the committee instead considered the bill on February 28, 1996, thus the other senators, the public and the media were denied the opportunity to address this bill in committee. This was a direct contravention to the Senate's usual policy of open meetings and open government.
I would appreciate your having this protest entered upon the minutes of the Senate.
Sincerely,
/s/ Arthur B. "Skin" Edge, IV

Senator Broun of the 46th moved the previous question. On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts

Day Dean Edge Egan Farrow Gillis Glanton Gochenour Griffin Guhl Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire

1156

JOURNAL OF THE SENATE

Middleton Newbill Oliver Perdue Pollard Ragan

Ralston Ray Scott Slotin Starr Stokes

Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Black

Henson Tanksley

Not voting was Senator Harbison (excused).

On the motion, the yeas were 51, nays 4; the motion prevailed, and the previous ques tion was ordered.
Senator Newbill of the 56th offered the following amendment:
Amend HB 1318 by striking on page 1 line 30 the word "was" and inserting in lieu thereof the word "were"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay

Crotts Day Edge Egan Glanton Gochenour Guhl

Lamutt Land McGuire Newbill Ralston Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Dean Farrow Gillis Griffin Henson Hill Hooks

James Johnson of 2nd Johnson of 1st Kemp Langford Madden Marable Middleton Oliver Perdue Pollard Ragan

Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Tysinger Walker

Not voting was Senator Harbison (excused).

On the adoption of the amendment, the yeas were 20, nays 35, and the Newbill amend ment to HB 1318 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 Blitch Bowen
Broun of 46th

Brown of 26th Dean Farrow
Gillis

Griffin Henson Hill
Hooks

FRIDAY, MARCH 8, 1996

1157

James Johnson of 2nd Kemp Langford Madden Marable Middleton

Oliver Perdue Pollard Ragan Ray Scott Slotin

Those voting in the negative were Senators:

Balfour Black Boshears Burton Cagle Cheeks Clay Crotts

Day Edge Egan Glanton Gochenour Guhl Johnson of 1st

Not voting was Senator Harbison (excused).

Starr Stokes Taylor Thomas Thompson Turner Walker
Lamutt Land McGuire Newbill Ralston Tanksley Tysinger

On the passage of the bill, the yeas were 33, nays 22.
The bill, having received the requisite constitutional majority, was passed.
The following resolution was read and put upon its adoption:
SR 645. By Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 8, 1996, and shall reconvene on Wednesday, March 13, 1996.
BE IT FURTHER RESOLVED that the General Assembly shall again adjourn at 5:00 P.M. on Friday, March 15, 1996, and reconvene on Monday, March 18, 1996
BE IT FURTHER RESOLVED that the General Assembly shall again adjourn at 12:00 Midnight on Monday, March 18, 1996, and reconvene on Wednesday, March 20, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each day on which the General Assembly reconvenes under this resolution may be as ordered by the Senate; and the hour for convening the House on each day on which the General Assembly reconvenes under this resolution may be as ordered by the House.
On the adoption of the resolution, the yeas were 38, nays 0, and the resolution was adopted.
The President introduced Truett Cathey, founder of Chick Fil-A, commended by SR 637, adopted previously, who addressed the Senate briefly.
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 1502. By Representative Ashe of the 46th: A bill to provide a new charter for the City of Atlanta.

1158

JOURNAL OF THE SENATE

HB 1503. By Representative Ashe of the 46th:
A bill to reorganize the Board of Education of the City of Atlanta and continue the Atlanta Independent School System; to provide for the composition, terms, qualifications, election, suspension, and removal of members of the Board; to provide for election districts and reapportionment.
HB 1869. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Commissioners of Calhoun County, so as to change the compensation of the chairman and members of the board of commissioners.
HB 1870. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide for staggered terms of office for members of the board of commis-

HB 1871. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide that the tax commissioner of Carroll County shall retain a spec ified percentage of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.
HB 1873. By Representative Twiggs of the 8th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to change the provisions relating to the corporate limits of said city.
HB 1874. By Representative Byrd of the 170th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall begin with the election held in 1996.
HB 1877. By Representatives Shipp of the 38th, Wiles of the 34th, Klein of the 39th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
HB 1878. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A bill to amend an Act creating a new board of commissioners of Franklin County, so as to correct technical defects in the boundaries between two com mission districts.
HB 1879. By Representative Powell of the 23rd:
A bill to create the City of Hartwell Recreation Authority.

FRIDAY, MARCH 8, 1996

1159

The House has disagreed to the Senate substitute to the following bill of the House:
HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of land fills but shall not be considered vertical expansions; to create the Intergovern mental Solid Waste Coordinating Council and to provide for its membership and duties.
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 645. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment.
The Calendar was resumed.
HB 1265. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997. Senate Sponsor: Senator Hooks of the 14th.
The Senate Committee on Appropriations offered the following substitute to HB 1265:
A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year begin ning July 1, 1996, and ending June 30, 1997; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, in stitutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants au thorized by law; to provide for the control and administration of funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, includ ing unappropriated surplus, reserves and a revenue estimate of $10,629,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997.
PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly .................................. $25,810,775 Personal Services--Staff ...................................... .$13,610,340 Personal Services--Elected Officials .............................. $3,784,583 Regular Operating Expenses .................................... $2,639,647 Travel--Staff.................................................... $98,000 Travel--Elected Officials ........................................... $7,000 Capital Outlay .................................................... $--0-- Per Diem Differential............................................ $585,000

1160

JOURNAL OF THE SENATE

Equipment ..................................................... $232,000 Computer Charges .............................................. $475,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $650,500 Per Diem, Fees and Contracts--Staff.............................. $125,980 Per Diem, Fees and Contracts--Elected Officials .................. $2,374,925 Photography..................................................... $90,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ........................................ .$25,810,775 State Funds Budgeted ......................................... $25,810,775

Senate Functional Budgets Total Funds

Senate and Research Office

$ 4,018,084

Lt. Governor's Office

$

641,433

Secretary of the Senate's Office

$ 1,159,009

Total

$ 5,818,526

State Funds

$ 4,018,084

$

641,433

$ 1,159,009

$ 5,818,526

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 10,473,417

Speaker of the House's Office

$

540,240

Clerk of the House's Office

$ 1,390,034

Total

$ 12,403,691

State Funds

$ 10,473,417

$

540,240

$ 1,390,034

$ 12,403,691

Joint Functional Budgets Total Funds

Legislative Counsel's Office

$ 2,711,423

Legislative Fiscal Office

$ 2,238,789

Legislative Budget Office

$

980,000

Ancillary Activities

$ 1,290,022

Budgetary Responsibility Oversight Committee $

368,324

Total

$ 7,588,558

State Funds

$ 2,711,423

$ 2,238,789

$

980,000

$ 1,290,022

$

368,324

$ 7,588,558

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the

FRIDAY, MARCH 8, 1996

1161

House of Representatives; for Code Revision, for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$19,229,367 Personal Services ............................................. $15,993,269 Regular Operating Expenses ..................................... $602,030 Travel ......................................................... $575,000 Motor Vehicle Purchases ......................................... $268,695 Equipment ...................................................... $15,000 Real Estate Rentals ............................................. $895,000 Per Diem, Fees and Contracts ..................................... $58,225 Computer Charges .............................................. $660,000 Telecommunications ............................................. $162,148 Total Funds Budgeted ......................................... $19,229,367 State Funds Budgeted ........................................ .$19,229,367

PART II.
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch .................................... $83,030,792 Personal Services ............................................. $11,712,494 Other Operating .............................................. $68,525,838 Prosecuting Attorney's Council................................... $2,107,215 Judicial Administrative Districts ................................. $1,373,841 Payment to Council of Superior Court Clerks ........................ $26,240 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $683,800 Total Funds Budgeted ........................................ .$84,729,428 State Funds Budgeted ......................................... $83,030,792

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 6,498,792

Court of Appeals

$ 7,445,292

Superior Court--Judges

$ 34,976,905

Superior Court--District Attorneys

$ 26,866,394

Juvenile Court

$ 1,033,576

Institute of Continuing Judicial Education

$

750,219

Judicial Council

$ 1,991,359

State Funds

$ 5,873,321

$ 7,395,292

$ 34,908,905

$ 25,911,229

$ 1,033,576

$

750,219

$ 1,991,359

1162

JOURNAL OF THE SENATE

Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office of Dispute Resolution Total

164,309

164,309

3,000,000

3,000,000

1,759,514

1,759,514

243,068

243,068

$ 84,729,428 $ 83,030,792

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............ .$40,696,644
Personal Services ............................................. $48,900,672 Regular Operating Expenses .................................. .$12,758,301 Travel ......................................................... $432,865 Motor Vehicle Purchases ......................................... $696,459 Equipment .................................................... $1,517,294 Computer Charges ........................................... .$16,674,556 Real Estate Rentals ............................................ $3,537,507 Telecommunications ............................................ $2,881,122 Per Diem, Fees and Contracts ................................... $2,634,296 Rents and Maintenance Expense ................................ $11,792,750 Utilities .......................................................... $---0-- Payments to DOAS Fiscal Administration......................... $2,972,744 Direct Payments to Georgia Building Authority for Capital
Outlay ........................................................ $50,000 Direct Payments to Georgia Building Authority for
Operations ..................................................... $--0-- Telephone Billings ............................................ $55,617,230 Radio Billings .................................................. $896,550 Materials for Resale .......................................... .$21,000,000 Public Safety Officers Indemnity Fund............................. $700,000 Health Planning Review Board Operations .......................... $35,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$183,230,846 State Funds Budgeted ......................................... $40,696,644

Departmental Functional Budgets Total Funds

Executive Administration

1,171,051

Departmental Administration

2,136,046

Statewide Systems

12,714,200

Space Management

517,000

Procurement Administration

2,928,212

General Services

604,880

Central Supply Services

20,905,028

Data Processing Services

44,171,792

Motor Vehicle Services

4,567,736

Communication Services

77,772,859

Printing Services

3,252,953

Surplus Property

2,619,102

Mail and Courier Services

1,284,449

Risk Management

3,587,642

State Funds 609,858
2,004,859 9,739,403
517,000 2,928,212
--0-- --0-- 14,069,599 --0-- 5,850,000
__Q__
__ Q __
--0--
700,000

FRIDAY, MARCH 8, 1996

1163

State Properties Commission

$

480,988 i&

480,988

Distance Learning and Telemedicine

$

--0-- i&

-- 0--

Office of the Treasury

$

942,411 iJ

496,397

State Office of Administrative Hearings

$ 3,574,497 i 3,300,328

Total

$ 183,230,846 S& 40,696,644

B. Budget Unit: Georgia Building Authority

....... $--0--

Personal Services .............................................$21,719,670

Regular Operating Expenses ................................... $13,236,589

Travel .......................................................... $12,000

Motor Vehicle Purchases ......................................... $268,000

Equipment ..................................................... $452,400

Computer Charges .............................................. $110,100

Real Estate Rentals .............................................. $15,071

Telecommunications ............................................. $228,970

Per Diem, Fees and Contracts .................................... $405,000

Capital Outlay ................................................... $50,000

Utilities.......................................................... $--0--

Contractual Expense .............................................. $--0--

Facilities Renovations and Repairs .................................. $--0--

Total Funds Budgeted ......................................... $36,497,800

State Funds Budgeted ............................................. $--0--

Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total

Departmental Functional Budgets Total Funds

$ 1,535,634

$ 5,475,952

$ 4,453,839

$ 6,785,722

$

382,451

$ 4,097,175

$ 12,386,540

$

451,635

$

928,852

$ 36,497,800

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

$

--0--

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture. ..................... .$37,458,541 Personal Services ............................................. $31,544,513 Regular Operating Expenses .................................... $4,503,508 Travel ......................................................... $959,114 Motor Vehicle Purchases ......................................... $692,227 Equipment ..................................................... $439,750 Computer Charges .............................................. $550,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $992,587 Market Bulletin Postage ........................................ $1,046,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,750,466 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ........................................ $2,678,811 Veterinary Fees................................................. $312,000

1164

JOURNAL OF THE SENATE

Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for
Operations ................................................... $619,163 Payments to Georgia Development Authority ....................... $250,000 Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets ............................ $350,000 Capital Outlay .................................................... $--0-- Contract--Federation of Southern Cooperatives ..................... $40,000 Boll Weevil Eradication Program.................................... $--0-- Total Funds Budgeted ......................................... $49,190,199 State Funds Budgeted ........................................ .$37,458,541

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 8,099,581 $ 7,318,581

Animal Industry

$ 15,790,232 $ 12,658,097

Marketing

$ 6,754,599 $ 3,079,599

Internal Administration

$ 6,344,617 $ 6,075,117

Fuel and Measures

$ 3,514,005 $ 3,384,305

Consumer Protection Field Forces

$ 8,105,062 $ 4,942,842

Seed Technology

$

582,103 $

--0--

Total

$ 49,190,199 $ 37,458,541

B. Budget Unit: Georgia Agrirama Development Authority .............. $--0-- Personal Services ............................................... $880,699 Regular Operating Expenses ..................................... $189,313 Travel ........................................................... $5,100 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $4,066 Computer Charges ................................................ $7,600 Real Estate Rentals ............................................... $---0-- Telecommunications ............................................... $7,757 Per Diem, Fees and Contracts ...................................... $6,380 Capital Outlay.................................................. $145,367 Goods for Resale ................................................ $114,750 Total Funds Budgeted .......................................... $1,361,032 State Funds Budgeted ............................................. $--0--

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance .................. $9,100,000 Personal Services .............................................. $7,483,065 Regular Operating Expenses ..................................... $455,685 Travel ......................................................... $400,000
Motor Vehicle Purchases .......................................... $36,750 Equipment ....................................................... $8,200 Computer Charges .............................................. $295,000 Real Estate Rentals ............................................. $335,000 Telecommunications .............................................. $73,000 Per Diem, Fees and Contracts ..................................... $13,300 Total Funds Budgeted .......................................... $9,100,000 State Funds Budgeted .......................................... $9,100,000

Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$135,022,255

FRIDAY, MARCH 8, 1996

1165

Personal Services ............................................. $82,332,538 Regular Operating Expenses .................................... $7,488,704 Travel ......................................................... $901,207 Motor Vehicle Purchases ......................................... $147,402 Equipment ..................................................... $419,583 Computer Charges .............................................. $265,336 Real Estate Rentals ............................................ $1,690,885 Telecommunications ............................................. $934,714 Per Diem, Fees and Contracts ................................... $4,965,409 Utilities....................................................... $2,382,853 Institutional Repairs and Maintenance ............................ $509,559 Grants to County-Owned Detention Centers ....................... $3,715,495 Service Benefits for Children .................................. .$17,760,980 Purchase of Service Contracts ................................. .$17,029,342 Capital Outlay .................................................... $--0-- Total Funds Budgeted ....................................... .$140,544,007 State Funds Budgeted ....................................... .$135,022,255

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 31,493,075

Milledgeville State YDC

$ 14,938,805

Augusta State YDC

$ 12,906,291

Atlanta State YDC

$ 6,604,822

Macon State YDC

$ 5,418,517

Court Services

$ 18,675,780

Community Treatment Centers

$

--0--

Day Centers

$

487,745

Group Homes

$ 1,023,480

Purchased Services

$ 36,041,238

Runaway Investigation/Interstate Compact

$

974,262

Assessment and Classification

$

582,587

Youth Services Administration

$ 7,527,175

Multi-Service Centers

$ 3,870,230

Total

$ 140,544,007

State Funds

$ 29,514,514

$ 14,215,112

$ 12,085,355

$ 6,273,866

$ 5,081,920

$ 18,528,976

$

--0--

$

487,745

$ 1,023,480

$ 34,947,033

$

974,262

$

582,587

$ 7,527,175

$ 3,780,230

$ 135,022,255

Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $28,380,925 Personal Services .............................................. $6,005,436 Regular Operating Expenses ..................................... $334,749 Travel ......................................................... $167,696 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $1,368 Computer Charges .............................................. $132,424 Real Estate Rentals ............................................. $513,430 Telecommunications .............................................. $54,610 Per Diem, Fees and Contracts .................................... $279,160 ARC Revolving Loan Fund ......................................... $--0-- Contracts for Regional Planning and Development ................. $2,167,374 Local Assistance Grants ......................................... $5,447,335 Appalachian Regional Commission Assessment ..................... $112,439 Community Development Block Grants (Federal) ................. $30,000,000

1166

JOURNAL OF THE SENATE

National and Community Service Program ........................... $--0-- Payments to Music Hall of Fame Authority ........................ $690,702 Payments to Sports Hall of Fame ................................. $275,550 Local Development Fund ......................................... $650,000 Payment to State Housing Trust Fund............................ $4,625,000 Payment to Georgia Housing Finance Authority ................... $2,814,244 Payment to Georgia Environmental Facilities Authority ............ $2,321,675 Regional Economic Business Assistance Grants .................... $6,650,000 Local Government Efficiency Grant Program ....................... $500,000 State Commission on National and Community Service .............. $204,101 Business Flood Disaster Recovery Program........................... $--0-- EZ/EC Administration ........................................... $209,499 Capital Felony Expenses ........................................... $--0-- Total Funds Budgeted ........................................ .$64,156,792 State Funds Budgeted ......................................... $28,380,925

Departmental Functional Budgets Total Funds

Executive and Administrative Division

$ 27,680,529

Planning, Information and Management Division

$ 3,762,040

Business and Financial Assistance Division

$ 32,714,223

Total

$ 64,156,792

State Funds $ 23,143,162
$ 3,587,512 $ 1,650,251 $ 28,380,925

Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ........ .$651,842,011
Personal Services ............................................ $456,864,099 Regular Operating Expenses ................................... $57,578,948 Travel ........................................................ $2,162,244 Motor Vehicle Purchases ........................................ $2,848,384 Equipment .................................................... $4,695,277 Computer Charges ............................................. $6,017,166 Real Estate Rentals ............................................ $6,008,776 Telecommunications ............................................ $6,850,514 Per Diem, Fees and Contracts ................................... $6,972,555 Capital Outlay .................................................... $--0-- Utilities..................................................... .$21,267,728 Court Costs .................................................... $900,000 County Subsidy .............................................. .$16,786,950 County Subsidy for Jails ........................................ $6,843,750 County Workcamp Construction Grants.............................. $--0-- Central Repair Fund ........................................... $1,127,250 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,376,000 Payments to Public Safety for Meals .............................. $461,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases .................................... .$66,985,723 Payments to MAG for Health Care Certification ..................... $63,420 University of Georgia--College of Veterinary Medicine
Contracts .................................................... $366,244 Minor Construction Fund ........................................ $894,000 Total Funds Budgeted ....................................... .$672,429,888 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ..................................... $--0-- State Funds Budgeted ....................................... .$651,842,011

FRIDAY, MARCH 8, 1996

1167

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 76,663,076 $ 74,668,076

Institutions and Support

$ 491,354,290 $ 477,023,025

Probation

$ 104,412,522 $ 100,150,910

Total

$ 672,429,888 $ 651,842,011

B. Budget Unit: Board of Pardons and Paroles ...................... $42,231,308 Personal Services ............................................ .$32,379,357 Regular Operating Expenses .................................... $1,615,677 Travel ......................................................... $542,000 Motor Vehicle Purchases .......................................... $78,000 Equipment ..................................................... $191,424 Computer Charges .............................................. $291,200 Real Estate Rentals ............................................ $2,785,000 Telecommunications ............................................. $930,000 Per Diem, Fees and Contracts ................................... $2,743,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ........................................ .$42,231,308 State Funds Budgeted ........................................ .$42,231,308

Section 10. Department of Defense. Budget Unit: Department of Defense............................... $4,162,871 Personal Services .............................................. $9,035,906 Regular Operating Expenses .................................... $6,083,797 Travel .......................................................... $29,375 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $28,840 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $458,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$15,712,268 State Funds Budgeted .......................................... $4,162,871

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,398,374

Georgia Air National Guard

$ 5,215,262

Georgia Army National Guard

$ 9,098,632

Total

$ 15,712,268

State Funds

$ 1,359,225

$

503,878

$ 2,299,768

$ 4,162,871

Section 11. State Board of Education Department of Education.
A. Budget Unit: Department of Education ....................... $3,866,805,038 Operations: Personal Services ............................................. $31,304,565 Regular Operating Expenses .................................... $4,606,393 Travel ......................................................... $932,048 Motor Vehicle Purchases .......................................... $80,914
Equipment ..................................................... $287,255 Computer Charges ............................................. $8,141,976
Real Estate Rentals ............................................ $1,495,506 Telecommunications ............................................ $1,116,985

1168

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts ................................. .$18,698,646
Utilities........................................................ $912,272 Capital Outlay .................................................... $--0--
QBE Formula Grants: Kindergarten/Grades 1-3 ..................................... .$892,506,494
Grades 4-8 ..................................................$826,337,967 Grades 9-12 ................................................ .$312,138,845
High School Laboratories .................................... .$195,395,882 Vocational Education Laboratories ............................ .$110,390,437 Special Education ........................................... .$370,993,328
Gifted .......................................................$56,018,006 Remedial Education ........................................... $79,938,450 Staff Development and Professional Development ................ .$31,031,019 Media ......................................................$102,950,643
Indirect Cost ............................................... .$724,330,800 Pupil Transportation ........................................ .$136,403,015 Local Fair Share ........................................... $(673,335,756)
Mid-Term Adjustment Reserve...................................... $--0-- Teacher Salary Schedule Adjustment ................................ $--0--
Other Categorical Grants: Equalization Formula ....................................... .$164,772,551 Sparsity Grants................................................ $3,609,604
In School Suspension ......................................... .$24,382,088
Special Instructional Assistance ................................ $85,392,400 Middle School Incentive........................................ $74,884,571 Special Education Low--Incidence Grants ......................... $563,759
Limited English-Speaking Students Program .................... .$13,895,030 Non-QBE Grants:
Education of Children of Low-Income Families ................. .$143,999,894 Retirement (H.B. 272 and H.B. 1321)............................. $5,408,750 Instructional Services for the Handicapped ...................... .$54,732,103 Tuition for the Multi-Handicapped ............................... $1,308,088 Severely Emotionally Disturbed................................ .$42,156,666 School Lunch (Federal) ...................................... .$188,375,722 School Lunch (State) ......................................... .$27,661,249
Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification ................... $1,491,147
Regional Education Service Agencies ............................. $9,325,478 Georgia Learning Resources System .............................. $3,474,586 High School Program ......................................... .$21,568,361 Special Education in State Institutions ........................... $5,041,480 Governor's Scholarships......................................... $1,720,000 Counselors .................................................... $7,233,500 Vocational Research and Curriculum .............................. $293,520 Even Start ....................................................$2,720,906 Salaries and Travel of Public Librarians ........................ .$12,477,124 Public Library Materials ........................................ $5,828,704 Talking Book Centers............................................ $974,478 Public Library M&O. ......................................... $4,998,958 Child Care Lunch Program (Federal) ............................ $25,244,070 Chapter II--Block Grant Flow Through........................... $9,663,513 Payment of Federal Funds to Board of Technical and Adult
Education ................................................. .$14,395,919 Education of Homeless Children/Youth ............................ $601,772 Innovative Programs ........................................... $1,690,215 Next Generation School Grants ................................... $500,000

FRIDAY, MARCH 8, 1996

1169

Drag Free School (Federal).................................... .$11,625,943 At Risk Summer School Program ................................ $5,979,345 Emergency Immigrant Education Program ......................... $164,514 Title II Math/Science Grant (Federal)............................. $5,042,895 Robert C. Byrd Scholarship (Federal).............................. $273,723 Health Insurance--Non-Cert. Personnel and Retired
Teachers ...................................................$99,047,892 Pre-School Handicapped Program ............................... $12,489,184 Mentor Teachers ............................................... $1,250,000 Advanced Placement Exams ........................................ $--0-- Serve America Program .......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,875,664 Alternative Programs ......................................... .$12,976,442 Environmental Science Grants.................................... $100,000 Pay for Performance ............................................ $2,000,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $55,000 Technology Specialist.......................................... $14,416,122 Migrant Education .............................................. $266,403 Total Funds Budgeted ...................................... $4,365,847,620 Indirect DOAS Services Funding.................................. $340,000 State Funds Budgeted ...................................... $3,866,805,038

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 6,055,893 $ 5,166,658

Instructional Services

$ 22,526,660 $ 17,714,279

Governor's Honors Program

$ 1,208,128 $ 1,130,539

Administrative Services

$ 16,102,273 $ 11,599,085

Special Services

$ 5,123,413 $ 2,185,064

Professional Practices Commission

$ 1,066,099 $ 1,066,099

Local Programs

$ 4,298,621,060 $ 3,813,555,256

Georgia Academy for the Blind

$ 5,292,296 $ 5,038,911

Georgia School for the Deaf

$ 4,913,947 $ 4,684,851

Atlanta Area School for the Deaf

$ 4,937,851 $ 4,664,296

Total

$ 4,365,847,620 $ 3,866,805,038

B. Budget Unit: Lottery for Education ........................... .$291,393,499 Pre-Kindergarten for 4-year-olds .............................. .$192,662,155
Applied Technology Labs ........................................ $4,300,000 Next Generation Schools ........................................... $--0--
Alternative Programs........................................... $1,100,000 Educational Technology Centers .................................... $--0-- Distant Learning--Satellite Dishes.................................. $--0-- Model Technology Schools .......................................... $--0-- Capital Outlay............................................... .$64,726,684
Post Secondary Options ......................................... $1,000,000 Learning Logic Sites............................................... $--0-- Assistive Technology ............................................ $500,000 Computers in the Classroom.................................... $27,104,660 Total Funds Budgeted ....................................... .$291,393,499
Lottery Funds Budgeted ..................................... .$291,393,499

1170

JOURNAL OF THE SENATE

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System........................... $--0-- Personal Services .............................................. $1,884,668
Regular Operating Expenses ..................................... $298,500 Travel .......................................................... $18,000
Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $13,220 Computer Charges .............................................. $554,222
Real Estate Rentals ............................................. $302,000 Telecommunications .............................................. $38,362 Per Diem, Fees and Contracts ................................... $1,281,000
Benefits to Retirees ............................................... $--0-- Total Funds Budgeted .......................................... $4,389,972 State Funds Budgeted ............................................. $--0--

Section 13. Forestry Commission. Budget Unit: Forestry Commission ............................... $34,635,008 Personal Services ............................................. $28,870,075 Regular Operating Expenses .................................... $5,781,558 Travel ......................................................... $159,937 Motor Vehicle Purchases ......................................... $921,785 Equipment .................................................... $1,580,419 Computer Charges .............................................. $310,500 Real Estate Rentals .............................................. $54,764 Telecommunications ............................................. $928,106 Per Diem, Fees and Contracts .................................... $604,307 Ware County Grant ............................................... $--0-- Ware County Grant for Southern Forest World ...................... $28,500 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $241,752 Total Funds Budgeted ......................................... $39,541,703 State Funds Budgeted ........................................ .$34,635,008

Departmental Functional Budgets Total Funds

Reforestation

$ 1,790,318

Field Serivces

$ 33,797,465

General Administration and Support

$ 3,953,920

Total

$ 39,541,703

State Funds

$

--0--

$ 30,849,243

$ 3,785,765

$ 34,635,008

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation..................... .$45,684,273 Personal Services .............................................$34,528,786 Regular Operating Expenses .................................... $3,978,630
Travel ......................................................... $463,187
Motor Vehicle Purchases ......................................... $476,558 Equipment ..................................................... $606,640 Computer Charges .............................................. $700,837 Real Estate Rentals ............................................ $2,086,425 Telecommunications ............................................ $1,090,470 Per Diem, Fees and Contracts ................................... $1,268,740 Evidence Purchased ............................................. $484,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$45,684,273 State Funds Budgeted ......................................... $45,684,273

FRIDAY, MARCH 8, 1996

1171

Departmental Functional Budgets Total Funds

Administration

$ 3,753,308

Investigative

$ 24,176,752

Georgia Crime Information Center

$ 7,783,785

Forensic Sciences

$ 9,970,428

Total

$ 45,684,273

State Funds $ 3,753,308 $ 24,176,752 $ 7,783,785 $ 9,970,428 $ 45,684,273

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor............................ .$30,095,230
Personal Services ............................................ .$14,869,285 Regular Operating Expenses ..................................... $971,694 Travel ......................................................... $272,039 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $65,776 Computer Charges .............................................. $585,327 Real Estate Rentals ............................................ $1,005,258 Telecommunications ............................................. $456,996 Per Diem, Fees and Contracts ................................... $4,342,390 Cost of Operations ............................................. $3,360,858 Mansion Allowance ............................................... $40,000 Governor's Emergency Fund..................................... $3,350,000 Intern Stipends and Travel....................................... $165,000 Art Grants of State Funds ...................................... $3,850,000 Art Grants of Non-State Funds ................................... $372,960 Humanities Grant--State Funds .................................. $150,000 Art Acquisitions--State Funds...................................... $--0-- Children and Youth Grants ...................................... $290,975 Juvenile Justice Grants ......................................... $1,187,700 Georgia Crime Victims Assistance Program ........................ $100,000 Grants to Local Systems ......................................... $684,400 Grants--Local EMA ............................................ $1,085,968 Grants--Other.................................................... $--0-- Grants--Civil Air Patrol .......................................... $60,000 Total Funds Budgeted ........................................ .$37,266,626

Departmental Functional Budgets Total Funds

Governor's Office

$ 6,915,858

Office of Fair Employment Practices

$

962,187

Office of Planning and Budget

$ 7,761,382

Council for the Arts

$ 5,210,787

Office of Consumer Affairs

$ 3,111,340

Georgia Information Technology Policy Council

$

336,001

Criminal Justice Coordinating Council

$ 1,354,727

Children and Youth Coordinating Council

$ 1,881,303

Human Relations Commission

$

307,352

Professional Standards Commission

$ 4,342,409

Georgia Emergency Management Agency

$ 4,990,614

Office of State Olympic Coordination

$

92,666

Total

$ 37,266,626

State Funds

$ 6,915,858

$

804,187

$ 7,661,382

$ 4,416,439

$ 3,111,340

$

336,001

$

415,408

$

528,303

$

307,352

$ 4,342,409

$ 1,163,885

$

92,666

$ 30,095,230

1172

JOURNAL OF THE SENATE

Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations......................... $689,988,419
1. General Administration and Support Budget: Personal Services ............................................. $50,643,536 Regular Operating Expenses .................................... $2,159,717 Travel ........................................................ $1,332,087 Motor Vehicle Purchases ........................................ $1,647,558 Equipment ...................................................... $91,675 Real Estate Rentals ............................................ $4,826,668 Per Diem, Fees and Contracts ................................... $5,890,526 Computer Charges ............................................. $1,282,446 Telecommunications ............................................. $734,732 Special Purpose Contracts........................................ $284,000 Service Benefits for Children ................................... $46,486,389 Purchase of Service Contracts .................................. $36,266,342 Institutional Repairs and Maintenance ............................. $73,440 Postage ........................................................ $997,780 Payments to DMA-Community Care............................. $16,626,037 Total Funds Budgeted ....................................... .$169,342,933 Indirect DOAS Services Funding.................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 5,681,781

Budget Administration

$ 2,086,402

Office of Children and Youth

$ 46,486,389

Administrative Support Services Facilities Management

$ 20,116,698 $ 5,468,694

Regulatory Services--Program Direction and Support

$

854,526

Child Care Licensing

$ 3,116,180

Health Care Facilities Regulation

$ 9,615,430

Fraud and Abuse

$ 6,141,002

Financial Services

$ 6,043,639

Auditing Services

:$ 1,796,490

Personnel Administration

:$ 1,741,224

Indirect Cost

$

-- 0--

Public Affairs

$

471,184

Aging Services

;$ 56,384,960

State Health Planning Agency

:$ 1,655,757

DD Council

;$ 1,682,577

Total

:$ 169,342,933

2. Public Health Budget: Personal Services ........................ Regular Operating Expenses .............. Travel .................................. Motor Vehicle Purchases .................. Equipment .............................. Real Estate Rentals ......................

State Funds $ 5,681,781 $ 2,086,402 $ 33,335,726 $ 18,473,544 $ 4,214,698

$

844,526

$ 3,116,180

$ 3,880,947

$ 2,244,611

$ 5,843,639

$ 1,796,490

$ 1,741,224

$ (8,440,218)

$

471,184

$ 27,815,793

$ 1,575,757

$

51,163

$ 104,733,447

$52,878,607 $75,544,729 ...... $984,162 ........ $-- 0--
...... $501,177 $1,483,527

FRIDAY, MARCH 8, 1996

Per Diem, Fees and Contracts ........ Computer Charges .................. Telecommunications ................. Special Purpose Contracts............ Purchase of Service Contracts ........ Grant-In-Aid to Counties............. Institutional Repairs and Maintenance Postage ............................ Medical Benefits .................... Total Funds Budgeted ............... Indirect DOAS Services Funding...... State Funds Budgeted ...............

Departmental Functional Budgets Total Funds

District Health Administration

12,565,802

Newborn Follow-Up Care

1,395,587

Oral Health

1,491,037

Stroke and Heart Attack Prevention

2,253,243

Sickle Cell, Vision and Hearing

4,182,172

High-Risk Pregnant Women and Infants

5,269,219

Sexually Transmitted Diseases

2,194,741

Family Planning

10,376,510

Women, Infants and Children Nutrition

82,711,047

Grant in Aid to Counties

60,078,918

Children's Medical Services

13,134,478

Emergency Health

3,098,157

Primary Health Care

1,876,264

Epidemiology

480,269

Immunization

982,669

Community Tuberculosis Control

6,069,857

Family Health Management

1,114,135

Infant and Child Health

1,174,334

Maternal Health--Perinatal

2,399,100

Chronic Disease

462,982

Diabetes

547,431

Cancer Control

4,793,293

Director's Office

1,220,417

Injury Control

413,334

Health Program Management

1,808,996

Vital Records

1,903,326

Health Services Research

2,713,848

Environmental Health

859,768

Laboratory Services

6,186,709

Community Care

4,171,279

Community Health Management

129,166

1173
... $4,182,623 ...$1,646,431 ...$1,260,661 .... $580,732 ..$12,133,236 .$120,480,221 ..... $34,500 .... $125,529 ... $4,462,872 .$276,299,007 .... $549,718 .$147,340,428
State Funds 12,436,127 1,216,391 1,168,862 1,182,284 3,767,167 5,157,219 304,952 5,625,092 --0--
59,144,446 5,812,530 1,784,975 1,732,101
330,279 --0--
4,610,739 798,834 480,631 903,425 462,982 547,431
4,793,293 1,023,192
212,154 1,808,996 1,671,850 2,491,030
670,695 5,916,709 1,570,418
129,166

1174

JOURNAL OF THE SENATE

AIDS

9,677,242

5,052,774

Vaccines

9,215,767

745,341

Drug and Clinic Supplies

3,250,000

2,493,380

Adolescent Health

3,212,259

2,088,655

Public Health--Planning Councils Early Intervention

170,408 $

152,911

$ 12,715,243 $ 10,589,115

Public Health--Division Indirect Cost

$

--0-- $ (1,535,718)

Total

$ 276,299,007 $ 147,340,428

3. Rehabilitation Services Budget: Personal Services ............................................. $76,064,243 Regular Operating Expenses ................................... $12,526,958 Travel ........................................................ $1,218,988 Motor Vehicle Purchases .......................................... $83,000 Equipment ..................................................... $743,880 Real Estate Rentals ............................................ $4,816,685 Per Diem, Fees and Contracts ................................... $7,939,678 Computer Charges ............................................. $2,457,974 Telecommunications ............................................ $1,697,134 Case Services ................................................. $25,722,363 E.S.R.P. Case Services ............................................. $--0-- Special Purpose Contracts........................................ $705,245 Purchase of Services Contracts ................................. $11,319,436 Institutional Repairs and Maintenance ............................ $215,000 Utilities........................................................ $937,269 Postage ........................................................ $817,786 Total Funds Budgeted ....................................... .$147,265,639 Indirect DOAS Services Funding.................................. $100,000 State Funds Budgeted ........................................ .$23,399,163

Departmental Functional Budgets Total Funds

District Field Services

$ 49,393,603

Independent Living

$

903,650

Sheltered Employment

$ 1,732,410

Community Facilities

$ 10,185,560

State Rehabilitation Facilities

$ 6,931,754

Diversified Industries of Georgia

$

809,166

Program Direction and Support

$ 4,381,395

Grants Management

$

714,540

Disability Adjudication

$ 35,129,641

Georgia Factory for Blind

$ 12,570,382

Roosevelt Warm Springs Institute

$ 24,513,538

Total

$ 147,265,639

4. Family and Children Services Budget: Personal Services ....................................... Regular Operating Expenses ............................. Travel ................................................. Motor Vehicle Purchases ................................. Equipment .............................................

State Funds 9,726,856 595,794 786,054 3,630,710 1,123,164 --0--
1,353,460 714,540 --0--
873,122 4,595,463 23,399,163
.$46,078,561 .. $4,742,042 .. . $967,632 .... . $--0-- . .. $400,080

FRIDAY, MARCH 8, 1996

1175

Real Estate Rentals ............................................ $3,519,841 Per Diem, Fees and Contracts ................................. .$19,572,831 Computer Charges ........................................... .$29,591,929 Telecommunications ............................................ $9,656,881 Children's Trust Fund .......................................... $2,206,761 Cash Benefits................................................$413,423,270 Special Purpose Contracts....................................... $5,252,883 Service Benefits for Children ................................. .$217,877,671 Purchase of Service Contracts .................................. $14,834,356 Postage ....................................................... $4,425,956 Grants to County DFACS--Operations ........................ .$288,618,632 Total Funds Budgeted ...................................... $1,061,169,326 Indirect DOAS Services Funding................................. $2,565,582 State Funds Budgeted ....................................... .$414,515,381

Departmental Functional Budgets

Total Funds

Director's Office

$

372,878

Social Services

$ 4,497,943

Administrative Support

$ 6,245,323

Quality Assurance

$ 3,940,335

Community Services

$ 11,492,524

Field Management

$

895,005

Human Resources Management

$ 3,331,380

Public Assistance

$ 30,861,805

Employment Services

$ 1,594,437

Child Support Recovery

$ 65,589,726

AFDC Payments

$ 401,584,150

SSI--Supplemental Benefits

$

100

Refugee Programs

$ 2,799,420

Energy Benefits

$ 9,893,600

County DFACS Operations--Eligibility

$ 109,825,269

County DFACS Operations--Social Services

$ 89,553,161

Food Stamp Issuance

$ 3,190,752

County DFACS Operations--Homemakers Services

$ 8,210,542

County DFACS Operations--Joint and Administration

$ 62,146,743

County DFACS Operations--Employability Program
Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care

$ 18,882,917 $ 26,830,224 $ 3,190,503 $ 32,960,883 $ 10,757,999 $ 5,845,856 $ 12,468,472 $ 11,544,785

State Funds

$

372,878

$ 3,970,840

$ 5,175,049

$ 3,940,335

$

256,299

$

895,005

$ 2,439,363

$ 13,181,865

$ 1,594,437

$ 4,908,816

$ 154,048,650

$

100

$

--0--

$

--0--

$ 54,946,294

$ 32,118,017

$

--0--

$ 2,519,399

$ 31,622,626

$ 7,852,157 $ 11,206,449 $ 2,420,990 $ 18,405,691 $ 7,283,205 $ 4,248,383 $ 9,374,838 $ 7,408,642

1176

JOURNAL OF THE SENATE

Day Care

$ 118,285,892 $ 38,486,937

Outreach--Contracts

$

--0-- $

-- 0--

Special Projects

$ 2,169,941 $ 2,145,709

Children's Trust Fund

$ 2,206,761 $ 2,206,761

Indirect Cost

$

--0-- $ (8,514,354)

Total

$ 1,061,169,326 $ 414,515,381

Budget Unit Object Classes: Personal Services ........................................... .$225,664,947 Regular Operating Expenses ................................... $94,973,446 Travel ........................................................ $4,502,869 Motor Vehicle Purchases ........................................ $1,730,558 Equipment .................................................... $1,736,812 Real Estate Rentals ........................................... $14,646,721 Per Diem, Fees and Contracts .................................. $37,585,658 Computer Charges ............................................ $34,978,780 Telecommunications ........................................... $13,349,408 Case Services ............................................... ..$25,722,363 Children's Trust Fund .......................................... $2,206,761 Cash Benefits................................................$413,423,270 Special Purpose Contracts....................................... $6,822,860 Service Benefits for Children ................................. .$264,364,060 Purchase of Service Contracts .................................. $74,553,370 Grant-In-Aid to Counties..................................... .$120,480,221 Institutional Repairs and Maintenance ............................ $322,940 Utilities ........................................................ $937,269 Postage ....................................................... $6,367,051 Payments to DMA-Community Care ............................. $16,626,037 Grants to County DFACS--Operations ......................... $288,618,632 Medical Benefits ............................................... $4,462,872

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions .................................. $499,513,339 Personal Services ........................................... .$350,479,639 Operating Expenses ........................................... $57,874,598 Motor Vehicle Equipment Purchases .............................. $769,533 Utilities..................................................... .$11,595,417 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$273,208,989 Total Funds Budgeted ....................................... .$696,055,966 Indirect DOAS Services Funding................................. $2,404,100 State Funds Budgeted ....................................... .$499,513,339

Departmental Functional Budgets Total Funds

Southwestern State Hospital

$ 40,071,049

Brook Run

$ 30,941,065

Georgia Mental Health Institute

$ 23,785,788

Georgia Regional Hospital at Augusta

$ 21,981,561

Northwest Regional Hospital at Rome

$ 28,149,435

Georgia Regional Hospital at Atlanta

$ 29,269,805

Central State Hospital

$ 132,172,164

Georgia Regional Hospital at Savannah

$ 20,061,092

State Funds $ 25,507,983 $ 14,102,951 $ 21,867,986 $ 20,094,669 $ 21,277,336 $ 24,714,814 $ 85,671,192 $ 18,379,771

FRIDAY, MARCH 8, 1996

1177

Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services State Administration Regional Administration Total

52,425,379 19,917,934 3,903,863 1,679,256 120,578,614 103,197,311 53,150,881 10,271,977 4,498,792 696,055,966

23,101,843 17,131,695 2,994,928 1,483,756 114,358,874 66,881,980 30,625,041 6,967,376 4,351,144 499,513,339

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism........... $20,508,966 Personal Services .............................................. $9,439,963 Regular Operating Expenses .................................... $1,624,219 Travel ......................................................... $341,250 Motor Vehicle Purchases .......................................... $31,100 Equipment ...................................................... $97,975 Computer Charges .............................................. $137,136 Real Estate Rentals ............................................. $995,441 Telecommunications ............................................. $320,058 Per Diem, Fees and Contracts ................................... $1,110,960 Local Welcome Center Contracts .................................. $191,600 Marketing..................................................... $5,800,264 Georgia Ports Authority Lease Rentals ............................ $625,000 Foreign Currency Reserve .......................................... $--0-- Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ............................. $--0-- Total Funds Budgeted ........................................ .$20,764,966 State Funds Budgeted ........................................ .$20,508,966

Administration Economic Development Trade Tourism Total

Departmental Functional Budgets Total Funds
$ 9,369,814 $ 4,451,110 $ 1,629,266 $ 5,314,776 $ 20,764,966

State Funds $ 9,369,814 $ 4,351,110 $ 1,629,266 $ 5,158,776 $ 20,508,966

Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $14,828,487 Personal Services ............................................. $13,217,304 Regular Operating Expenses ..................................... $723,314 Travel ......................................................... $379,754 Motor Vehicle Purchases .......................................... $86,733 Equipment ...................................................... $59,129 Computer Charges .............................................. $448,235 Real Estate Rentals ............................................. $804,047 Telecommunications ............................................. $275,334 Per Diem, Fees and Contracts .................................... $141,292 Health Care Utilization Review ..................................... $--0-- Total Funds Budgeted ........................................ .$16,135,142 State Funds Budgeted ........................................ .$14,828,487

1178

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,350,673

Insurance Regulation

$ 6,464,573

Industrial Loans Regulation

$

506,468

Fire Safety and Mobile Home Regulations

$ 4,813,428

Total

$ 16,135,142

State Funds

$ 4,350,673

$ 6,464,573

$

506,468

$ 3,506,773

$ 14,828,487

Section 19. Department of Labor. Budget Unit: Department of Labor ................................ $9,613,599 Personal Services ............................................ .$70,211,162 Regular Operating Expenses .................................... $7,424,929 Travel ........................................................ $1,346,137 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $844,965 Computer Charges ............................................. $7,151,101 Real Estate Rentals ............................................ $1,960,798 Telecommunications ............................................ $1,419,406 Per Diem, Fees and Contracts (JTPA) ........................... $60,500,000 Per Diem, Fees and Contracts ................................... $3,161,030 W.I.N. Grants .................................................... $--0-- Payments to State Treasury ..................................... $1,774,079 Capital Outlay .................................................... $--0-- Total Funds Budgeted ....................................... .$155,793,607 State Funds Budgeted .......................................... $9,613,599

Departmental Functional Budgets Total Funds

Executive Offices/Administrative Services

$ 29,280,013

Employment and Training Services

$ 126,513,594

Total

$ 155,793,607

State Funds $ 7,768,177 $ 1,845,422 $ 9,613,599

Section 20. Department of Law.
Budget Unit: Department of Law ................................. $12,192,981 Personal Services ............................................ .$10,893,035 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $129,322
Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $31,350 Computer Charges .............................................. $360,793 Real Estate Rentals ............................................. $698,548
Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts ..................................... $60,000 Books for State Library .......................................... $147,000
Total Funds Budgeted ......................................... $13,098,921 State Funds Budgeted ........................................ .$12,192,981

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................. $1,157,941,073
Personal Services .............................................$15,150,452 Regular Operating Expenses .................................... $5,994,250 Travel ......................................................... $188,400 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $39,500 Computer Charges ........................................... .$24,169,000

FRIDAY, MARCH 8, 1996

1179

Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $425,000 Per Diem, Fees and Contracts ................................ .$100,620,859 Medicaid Benefits, Penalties and Disallowances. ............... $3,193,039,747 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,341,165,088 State Funds Budgeted ...................................... $1,157,941,073

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,605,888 $

802,944

Benefits, Penalties and Disallowances

$ 3,193,039,747 $ 1,114,223,213

Long Term Care

$ 1,591,534 $

667,166

Systems Management

$ 31,649,420 $ 10,181,461

Professional Services

$ 2,438,202 $ 1,040,147

Maternal and Child Health

$ 1,286,094 $

522,062

Reimbursement Services

$ 8,759,918 $ 3,649,708

General Administration

$ 91,335,047 $ 22,168,899

Managed Care

$ 4,013,248 $ 1,962,478

Legal and Regulatory

$ 5,445,990 $ 2,722,995

Total

$ 3,341,165,088 $ 1,157,941,073

B. Budget Unit: Indigent Trust Fund ............................ .$148,828,880 Per Diem, Fees and Contracts ................................... $8,200,000 Benefits.....................................................$376,800,000 Total Funds Budgeted ....................................... .$385,000,000 State Funds Budgeted ....................................... .$148,828,880

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ................ $--0-- Personal Services .............................................. $8,537,134 Regular Operating Expenses .................................... $1,815,695 Travel .......................................................... $93,500 Equipment ...................................................... $27,787 Real Estate Rents ............................................... $863,078 Per Diem, Fees and Contracts ................................ .$172,478,321 Computer Charges ............................................. $3,404,105 Telecommunications ............................................. $450,146 Health Insurance Payments .................................. .$911,827,186 Total Funds Budgeted ...................................... $1,099,496,952 Other Agency Funds............................................. $147,595 Agency Assessments........................................... $11,742,552 Employee and Employer Contributions ....................... $1,087,388,984 Deferred Compensation .......................................... $217,821 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 2,813,947

Applicant Services

$ 2,590,227

Classification and Compensation

$ 1,572,061

Flexible Benefits

$ 1,233,020

State Funds

$

--0--

$

--0--

$

--0--

$

--0--

1180

JOURNAL OF THE SENATE

Employee Training and Development Health Insurance Administration Accounting and Audits Administration and Systems Total

$ 1,231,065 $ 1,086,417,792 $ 1,057,382 $ 2,581,458 $ 1,099,496,952

--0-- --0-- --0-- --0-- --0--

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................ $95,657,162 Personal Services ............................................. $72,884,004 Regular Operating Expenses ................................... $15,048,803 Travel ......................................................... $543,147 Motor Vehicle Purchases ........................................ $2,087,217 Equipment .................................................... $2,455,943 Real Estate Rentals ............................................ $2,317,656 Per Diem, Fees and Contracts ................................... $3,306,651 Computer Charges .............................................. $886,332 Telecommunications ............................................ $1,293,265 Authority Lease Rentals .......................................... $20,915 Advertising and Promotion ....................................... $575,000 Cost of Material for Resale ...................................... $2,878,663 Capital Outlay: New Construction ............................................... $703,810 Repairs and Maintenance ....................................... $2,882,140 Land Acquisition Support ........................................ $213,750 Wildlife Management Area Land Acquisition ....................... $740,674 Shop Stock--Parks .............................................. $350,000 User Fee Enhancements ........................................ $1,300,000 Buoy Maintenance ............................................... $26,250 Waterfowl Habitat ................................................ $--0-- Paving at State Parks and Historic Sites........................... $500,000 Grants: Land and Water Conservation .................................... $800,000 Georgia Heritage 2000 Grants .................................... $256,500 Recreation ..................................................... $800,000 Contracts: Paralympic Games .............................................. $895,000 Technical Assistance Contract .................................... $101,213 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $200,000 U.S. Geological Survey for Ground Water Resources................. $300,000 U.S. Geological Survey for Topographic Mapping...................... $--0-- Payments to Civil War Commission ................................ $31,000 Hazardous Waste Trust Fund ................................. .$13,180,472 Solid Waste Trust Fund ........................................ $6,792,756 Payments to Georgia Agricultural Exposition Authority............. $2,281,543 Payments to Mclntosh County .................................... $100,000 Georgia Boxing Commission ........................................ $6,650 Total Funds Budgeted ....................................... .$136,929,401 Receipts from Jekyll Island State Park Authority ................... $888,943 Receipts from Stone Mountain Memorial Association ............... $3,811,965 Receipts from Lake Lanier Islands Development Authority.......... $2,663,931 Receipts from North Georgia Mountain Authority .................. $1,424,501 Indirect DOAS Funding.......................................... $200,000 State Funds Budgeted ........................................ .$95,657,162

FRIDAY, MARCH 8, 1996

1181

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 4,538,226 $ 4,538,226

Program Support

$ 2,660,989 $ 2,660,989

Historic Preservation

$ 2,226,360 $ 1,736,360

Parks, Recreation and Historic Sites

$ 42,157,730 $ 16,204,813

Coastal Resources

$ 2,305,762 $ 2,181,044

Wildlife Resources

$ 35,098,830 $ 30,179,409

Environmental Protection

$ 46,852,353 $ 37,067,170

Pollution Prevention Program

$ 1,089,151 $ 1,089,151

Total

$ 136,929,401 $ 95,657,162

B. Budget Unit: Georgia Agricultural Exposition Authority ............... $--0-- Personal Services .............................................. $2,281,819 Regular Operating Expenses .................................... $1,774,578 Travel .......................................................... $21,059 Motor Vehicle Purchases .......................................... $12,000 Equipment ...................................................... $85,000 Computer Charges ............................................... $15,000 Real Estate Rentals ............................................... $--0-- Telecommunications .............................................. $38,000 Per Diem, Fees and Contracts .................................... $645,000 Capital Outlay .................................................... $--0-- Total Funds Budgeted .......................................... $4,872,456 State Funds Budgeted ............................................. $--0--

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 4,872,456

State Funds

$

--0--

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety ....................... $99,253,236
1. Operations Budget: Personal Services ............................................. $59,724,373 Regular Operating Expenses .................................... $7,676,813 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $3,750,000 Equipment ..................................................... $749,554 Computer Charges ............................................. $3,701,067 Real Estate Rentals .............................................. $28,962 Telecommunications ............................................ $1,680,294 Per Diem, Fees and Contracts ................................... $1,285,050 State Patrol Posts Repairs and Maintenance ....................... $145,100 Capital Outlay .................................................... $--0-- Conviction Reports .............................................. $303,651 Total Funds Budgeted ........................................ .$79,148,959 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $77,498,959
2. Driver Services Budget: Personal Services ............................................ .$17,661,815 Regular Operating Expenses .................................... $1,232,457 Travel .......................................................... $57,181 Motor Vehicle Purchases .......................................... $52,500 Equipment ...................................................... $69,800

1182

JOURNAL OF THE SENATE

Computer Charges ................................................ $--0-- Real Estate Rentals .............................................. $47,262 Telecommunications ............................................. $633,853 Per Diem, Fees and Contracts ..................................... $41,500 Capital Outlay .................................................... $--0-- Conviction Reports ................................................ $--0-- State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ........................................ .$21,754,277 Indirect DOAS Service Funding..................................... $--0-- State Funds Budgeted ........................................ .$21,754,277

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 22,245,348 $ 20,745,348

Driver Services

$ 21,754,277 $ 21,754,277

Field Operations

$ 56,903,611 $ 56,753,611

Total

$ 100,903,236 $ 99,253,236

B. Budget Unit: Units Attached for Administrative Purposes Only. ......................................................... .$14,028,921 1. Attached Units Budget: Personal Services .............................................. $7,589,155 Regular Operating Expenses .................................... $2,535,831 Travel ......................................................... $101,300 Motor Vehicle Purchases .......................................... $29,443 Equipment ..................................................... $204,322 Computer Charges .............................................. $163,762 Real Estate Rentals ............................................. $166,997 Telecommunications ............................................. $166,746 Per Diem, Fees and Contracts .................................... $565,522 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants .................................. $3,955,160 Capital Outlay .................................................... $--0-- Total Funds Budgeted ........................................ .$17,903,438 State Funds Budgeted ........................................ .$14,028,921

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,034,130

Georgia Peace Officers Standards and Training $ 5,354,735

Police Academy

$ 1,142,095

Fire Academy

$ 1,163,571

Georgia Firefighters Standards and Training Council

$

457,157

Georgia Public Safety Training Facility

$ 6,751,750

Total

$ 17,903,438

State Funds

$

309,613

$ 5,354,735

$ 1,052,095

$ 1,053,571

$

457,157

$ 5,801,750

$ 14,028,921

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ......... .$14,212,500 Payments to Employees' Retirement System........................ $575,000 Employer Contributions....................................... .$13,637,500 Total Funds Budgeted ........................................ .$14,212,500 State Funds Budgeted ........................................ .$14,212,500

FRIDAY, MARCH 8, 1996

1183

Section 26. Public Service Commission. Budget Unit: Public Service Commission ........................... $8,324,719 Personal Services .............................................. $7,006,368 Regular Operating Expenses ..................................... $586,616 Travel ......................................................... $225,530 Motor Vehicle Purchases .......................................... $18,000 Equipment ...................................................... $24,970 Computer Charges .............................................. $443,424 Real Estate Rentals ............................................. $311,408 Telecommunications ............................................. $149,589 Per Diem, Fees and Contracts ................................... $1,565,273 Total Funds Budgeted ........................................ .$10,331,178 State Funds Budgeted .......................................... $8,324,719

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 1,867,053 $ 3,485,713 $ 4,978,412 $ 10,331,178

State Funds $ 1,867,053 $ 1,683,068 $ 4,774,598 $ 8,324,719

Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ........................... $1,104,587,202
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,179,837,587 Sponsored Operations ....................................... .$204,000,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$295,588,162 Sponsored Operations ....................................... .$146,000,000 Special Funding Initiative..................................... .$20,626,744 Office of Minority Business Enterprise ............................ $1,234,059 Student Education Enrichment Program ........................... $346,142 Forestry Research............................................... $362,508 Research Consortium ........................................... $6,085,000 Capital Outlay ..................................................... --0-- Total Funds Budgeted ...................................... $1,854,080,202 Departmental Income.......................................... $42,000,000 Sponsored Income ........................................... .$350,000,000 Other Funds.................................................$354,465,700 Indirect DOAS Services Funding................................. $3,027,300 State Funds Budgeted ...................................... $1,104,587,202
B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$168,562,273 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$259,868,978 Sponsored Operations ......................................... $69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$127,649,177 Sponsored Operations ......................................... $38,184,000 Fire Ant and Environmental Toxicology Research ..................... $--0-- Agricultural Research .......................................... $2,242,071 Advanced Technology Development Center ........................ $1,974,013 Capitation Contracts for Family Practice Residency ................ $3,864,204 Residency Capitation Grants .................................... $2,119,378 Student Preceptorships .......................................... $146,400

1184

JOURNAL OF THE SENATE

Mercer Medical School Grant.................................... $7,000,000 Morehouse School of Medicine Grant ............................. $5,868,890 Capital Outlay .................................................... $--0-- Center for Rehabilitation Technology ............................. $2,467,141 SREB Payments ............................................... $4,426,900 Medical Scholarships ........................................... $1,277,852 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,122,866 CRT Inc. Contract at Georgia Tech Research Institute ............... $208,403 Direct Payments to the Georgia Public Telecommunications
Commission for Operations ................................... $14,688,958 Total Funds Budgeted ....................................... .$543,783,231 Departmental Income.............................................. $--0-- Sponsored Income ........................................... .$109,767,000 Other Funds.................................................$264,898,258 Indirect DOAS Services Funding.................................. $555,700 State Funds Budgeted ....................................... .$168,562,273

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

$ 1,921,765 $ 1,303,965

Skidaway Institute of Oceanography Marine Institute

$ 3,846,849 $ 1,455,120

$ 1,339,544 $

939,544

Georgia Tech Research Institute

$ 116,422,925 $ 12,963,433

Education Extension Services

$ 10,695,620 $ 2,510,528

Agricultural Experiment Station

$ 56,796,905 $ 36,208,252

Cooperative Extension Service

$ 47,424,811 $ 29,612,494

Medical College of Georgia Hospital and Clinics $ 245,361,694 $ 31,851,680

Veterinary Medicine Experiment Station

$ 2,721,098 $ 2,721,098

Veterinary Medicine Teaching Hospital Joint Board of Family Practice

$ 2,746,641 $

512,595

$ 24,215,884 $ 24,215,884

Georgia Radiation Therapy Center

$ 2,920,000 $

--0--

Athens and Tifton Veterinary Laboratories

$ 3,000,000 $

--0--

Regents Central Office

$ 24,369,495 $ 24,267,680

Total

$ 543,783,231 $ 168,562,273

C. Budget Unit: Georgia Public Telecommunications Commission ........................................................ $--0--
Personal Services .............................................. $9,114,428 Operating Expenses ........................................... $14,325,274 Total Funds Budgeted ........................................ .$23,439,702 Other Funds..................................................$23,439,702
State Funds Budgeted ............................................. $--0--

D. Budget Unit: Lottery for Education ............................. $41,838,764 Equipment, Technology and Construction Trust Fund ............. $16,400,000 Chehaw Education Center. ......................................$2,000,000 Georgia Public Telecommunications Commission ................... $1,500,000
Georgia Research Alliance. ..................................... .$4,338,764 Special Funding Initiatives .................................... .$11,600,000 Fernbank Museum ............................................. $6,000,000
Total Funds Budgeted ........................................ .$41,838,764 Lottery Funds Budgeted ...................................... .$41,838,764

FRIDAY, MARCH 8, 1996

1185

Section 28. Department of Revenue. Budget Unit: Department of Revenue ............................. $90,284,689 Personal Services ............................................. $56,382,480 Regular Operating Expenses .................................... $5,399,457 Travel ........................................................ $1,366,540 Motor Vehicle Purchases ......................................... $251,386 Equipment ..................................................... $421,189 Computer Charges ............................................ $14,870,790 Real Estate Rentals ............................................ $2,855,447 Telecommunications ............................................ $3,267,510 Per Diem, Fees and Contracts ................................... $1,106,300 County Tax Officials/Retirement and FICA ........................ $3,422,795 Grants to Counties/Appraisal Staff .................................. $--0-- Motor Vehicle Tags and Decals .................................. $2,404,350 Postage ....................................................... $3,721,810 Total Funds Budgeted ......................................... $95,470,054 Indirect DOAS Services Funding................................. $3,845,000 State Funds Budgeted ......................................... $90,284,689

Departmental Functional Budgets Total Funds

Departmental Administration

$ 6,927,600

Internal Administration

$ 10,859,824

Electronic Data Processing

$ 12,485,029

Field Services

$ 18,432,078

Income Tax Unit

$ 7,939,713

Motor Vehicle Unit

$ 17,559,122

Central Audit Unit

$ 7,705,474

Property Tax Unit

$ 5,000,418

Sales Tax Unit

$ 4,103,550

State Board of Equalization

$

43,700

Taxpayer Accounting

$ 4,413,546

Total

$ 95,470,054

State Funds

$ 6,927,600

$ 10,709,824

$ 11,469,829

$ 18,132,078

$ 7,299,713

$ 16,259,122

$ 7,705,474

$ 3,460,053

$ 3,863,750

$

43,700

$ 4,413,546

$ 90,284,689

Section 29. Secretary of State. A. Budget Unit: Secretary of State ............................... .$28,027,177
Personal Services .............................................$17,470,695 Regular Operating Expenses .................................... $3,366,671 Travel ......................................................... $242,000 Motor Vehicle Purchases .......................................... $87,050 Equipment ..................................................... $119,190 Computer Charges ............................................. $2,621,110 Real Estate Rentals ............................................ $2,462,246 Telecommunications ............................................. $939,859 Per Diem, Fees and Contracts ................................... $1,278,356 Election Expenses ............................................... $485,000 Total Funds Budgeted ........................................ .$29,072,177 State Funds Budgeted ........................................ .$28,027,177

1186

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,783,446 $ 3,753,446

Archives and Records

$ 4,574,728 $ 4,499,728

Business Services and Regulation

$ 4,652,752 $ 3,882,752

Elections and Campaign Disclosure

$ 4,302,279 $ 4,282,279

Drugs and Narcotics

$ 1,098,820 $ 1,098,820

State Ethics Commission

$

374,189 $

374,189

State Examining Boards

$ 10,191,318 $ 10,041,318

Holocaust Commission

$

94,645 $

94,645

Total

$ 29,072,177 $ 28,027,177

B. Budget Unit: Real Estate Commission............................$2,149,663 Personal Services .............................................. $1,266,704 Regular Operating Expenses ..................................... $157,100 Travel .......................................................... $15,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ...................................................... $10,631 Computer Charges .............................................. $335,622 Real Estate Rentals ............................................. $165,300 Telecommunications .............................................. $41,556 Per Diem, Fees and Contracts .................................... $134,750 Total Funds Budgeted .......................................... $2,149,663 State Funds Budgeted .......................................... $2,149,663

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,149,663 $ 2,189,663

Section 30. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission .............. $2,090,118 Personal Services .............................................. $1,118,045 Regular Operating Expenses ..................................... $209,454 Travel .......................................................... $43,268 Motor Vehicle Purchases .......................................... $25,322 Equipment ...................................................... $10,970 Computer Charges ............................................... $12,045 Real Estate Rentals .............................................. $91,563 Telecommunications .............................................. $20,773 Per Diem, Fees and Contracts .................................... $797,015 County Conservation Grants ..................................... $297,000 Total Funds Budgeted .......................................... $2,625,455 State Funds Budgeted .......................................... $2,090,118

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission .................... . .$32,718,917
Personal Services .............................................. $4,851,895 Regular Operating Expenses ..................................... $597,250 Travel .......................................................... $81,800 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $16,500 Computer Charges .............................................. $219,180 Real Estate Rentals .............................................. $45,600

FRIDAY, MARCH 8, 1996

1187

Telecommunications ............................................. $234,275 Per Diem, Fees and Contracts ..................................... $42,757 Payment of Interest and Fees ...................................... $--0-- Guaranteed Educational Loans .................................. $4,076,000 Tuition Equalization Grants .................................... $25,452,487 Student Incentive Grants ....................................... $2,216,321 Law Enforcement Personnel Dependents' Grants..................... $64,000 North Georgia College ROTC Grants .............................. $321,875 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $730,000 Paul Douglas Teacher Scholarship Loans ............................ $--0-- Total Funds Budgeted ........................................ .$39,049,940 State Funds Budgeted ........................................ .$32,718,917

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 5,547,664 $

--0--

Higher Education Assistance Corporation

$

--0-- $

--0--

Georgia Student Finance Authority

$ 32,960,683 $ 32,177,324

Georgia Nonpublic Postsecondary Education Commission

$

541,593 $

541,593

Total

$ 39,049,940 $ 32,718,917

B. Budget Unit: Lottery for Education ........................... .$159,413,161 HOPE Financial Aid--Tuition ................................. .$79,274,984 HOPE Financial Aid--Books .................................. .$21,277,807 HOPE Financial Aid--Fees ................................... .$14,498,583 Tuition Equalization Grants .................................... $34,620,387 Georgia Military College Scholarship .............................. $567,000 LEPD Scholarship............................................... $235,600 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $3,000,000 Total Funds Budgeted ....................................... .$159,413,161 Lottery Funds Budgeted ..................................... .$159,413,161

Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ......................... $4,130,000 Personal Services .............................................. $4,358,505 Regular Operating Expenses ..................................... $423,500 Travel .......................................................... $20,500 Motor Vehicle Purchases ........................................... $--0-- Equipment ....................................................... $8,150 Computer Charges .............................................. $877,791 Real Estate Rentals ............................................. $469,750 Telecommunications ............................................. $146,000 Per Diem, Fees and Contracts .................................... $371,000 Retirement System Members .................................... $3,750,000 Floor Fund for Local Retirement Systems .......................... $380,000 Total Funds Budgeted ......................................... $10,805,196 State Funds Budgeted .......................................... $4,130,000

Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ..... .$173,253,913
Personal Services .............................................. $4,160,025 Regular Operating Expenses ..................................... $409,948 Travel ......................................................... $142,500

1188

JOURNAL OF THE SENATE

Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $33,544 Computer Charges .............................................. $740,554 Real Estate Rentals ............................................. $379,524 Telecommunications ............................................. $107,099 Per Diem, Fees and Contracts .................................... $692,530 Personal Services--Institutions ............................... .$134,601,513 Operating Expenses--Institutions............................... $35,257,952 Capital Outlay .................................................... $--0-- Quick Start Program ........................................... $8,124,563 Area School Program ......................................... .$19,948,909 Regents Program............................................... $2,883,554 Adult Literacy Grants ........................................ .$18,600,476 Total Funds Budgeted ....................................... .$226,082,691 State Funds Budgeted ....................................... .$173,253,913

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 6,665,724 $ 4,595,738

Institutional Programs

$ 219,416,967 $ 168,658,175

Total

$ 226,082,691 $ 173,253,913

B. Budget Unit: Lottery for Education ............................. $53,553,349 Computer Laboratories and Satellite Dishes--Adult Literacy..................................................... $1,000,000 Capital Outlay--Technical Institute Satellite Facilities ........... .$25,903,349 Equipment--Technical Institutes ............................... $21,355,000 Repairs and Renovations--Technical Institutes ................... $5,295,000 Total Funds Budgeted ......................................... $53,553,349 Lottery Funds Budgeted ...................................... .$53,553,349

Section 34. Department of Transportation. Budget Unit: Department of Transportation ..................... .$542,692,310 Personal Services ........................................... .$254,019,293 Regular Operating Expenses .................................. .$57,020,469 Travel ........................................................ $1,970,840 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $6,377,626 Computer Charges ............................................. $3,929,287 Real Estate Rentals ............................................ $1,337,073 Telecommunications ............................................ $2,743,320 Per Diem, Fees and Contracts .................................. $41,559,264 Capital Outlay.............................................. .$780,007,661 Capital Outlay--Airport Approach Aid and Operational Improvements ............................................... $1,024,100 Capital Outlay--Airport Development ............................ $1,267,500 Mass Transit Grants ........................................... $9,933,053 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $700,000 Contracts with the Georgia Rail Passenger Authority................ $250,000 Total Funds Budgeted ...................................... $1,164,139,486 State Funds Budgeted ....................................... .$542,692,310

FRIDAY, MARCH 8, 1996

1189

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 866,381,838

Maintenance and Betterments

$ 241,935,601

Facilities and Equipment

$ 14,076,201

Administration

$ 24,775,579

Total

$ 1,147,169,219

General Funds Budget

Planning and Construction

$

--0--

Air Transportation

$ 1,986,014

Inter-Modal Transfer Facilities

$ 14,284,253

Harbor/Intra-Coastal Waterways Activities

$

700,000

Total

$ 16,970,267

State Funds $ 267,321,604 $ 230,011,616 $ 13,516,201 $ 24,150,579 $ 535,000,000

$

--0--

$ 1,599,014

$ 5,393,296

$

700,000

$ 7,692,310

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service..................... .$21,072,915 Personal Services .............................................. $4,949,529 Regular Operating Expenses ..................................... $147,282 Travel .......................................................... $80,629 Motor Vehicle Purchases ........................................... $--0-- Equipment ..................................................... $114,855 Computer Charges ............................................... $10,881 Real Estate Rentals ............................................. $248,700 Telecommunications .............................................. $62,200 Per Diem, Fees and Contracts ................................... $7,078,093 Operating Expense/Payments to Central State Hospital............. $8,187,345 Operating Expense/Payments to Medical College of Georgia ........ $7,251,022 Regular Operating Expenses for Projects and Insurance ............. $649,947 Total Funds Budgeted ......................................... $28,780,483 State Funds Budgeted ........................................ .$21,072,915

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 12,597,669

Veterans Home and Nursing Facility-- Milledgeville

$ 8,528,945

Veterans Nursing Home--Augusta

7,653,869

Total

28,780,483

State Funds 12,326,169
3,429,071 5,317,675 21,072,915

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................... .$10,452,009 Personal Services .............................................. $8,415,916 Regular Operating Expenses ..................................... $372,074 Travel .......................................................... $76,840 Motor Vehicle Purchases ........................................... $--0-- Equipment ...................................................... $17,252 Computer Charges .............................................. $247,479 Real Estate Rentals ............................................ $1,079,835 Telecommunications ............................................. $207,613 Per Diem, Fees and Contracts .................................... $225,000 Payments to State Treasury ........................................ $--0-- Total Funds Budgeted ......................................... $10,642,009 State Funds Budgeted ........................................ .$10,452,009

1190

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Section 37. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued).................................. $373,061,561 Motor Fuel Tax Funds (Issued) ................................. $35,000,000
$408,061,561 B. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund State General Funds (New) ..................................... $5,072,815 Motor Fuel Tax Funds (New) ....................................... $--0--
$5,072,815

Section 38. Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the state of Georgia, including salaries and retirement contributions for judges and employ ees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 39. Provisions Relative to Section 8, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient Clayton County DeKalb County
DeKalb County

Purpose
Recreation Equipment in Clayton County
Construct Flagpole and Purchase Supplies for United Keetoowah Band
Operation of "Hot Zone Policing"

Amount $25,000 $5,000
$10,000

FRIDAY, MARCH 8, 1996

1191

Appling County
City of Ashburn Cobb County
Athens/Clarke County
Bibb County
Haralson County
City of Atlanta
City of Atlanta City of Augusta
Bacon County
City of Barnesville City of Augusta
Berrien County Brantley County Brooks County
City of Broxton
Butts County
City of Byromville City of Calhoun
City of Camilla Candler County Candler County City of Centerville Charlton County Chatham County
Clinch County Board of Education
Clayton County
City of Cochran Gwinnett County Board of Education

Expenses Related to Capital Murder Trials
Construction of Sports Facilities
Preservation of the Hardy Pace House
Operating Funds for the Safe Campus Now Program
Operation of the Bibb County Community Action Agency
Eqip/Operate Haralson County Recreational Facilities
Renovate and Equip the Jerico Road Project in Atlanta
Renovations to a Health Clinic
Land Purchase at Historical Ezekiel Harris House
Renovate and Equip the Historic Courthouse
Extension of Water Lines
Operation of the Augusta Task Force for the Homeless
Construction of Lecture Hall
Purchase Fire and Rescue Equipment
Repairs and Additions to Brooks County Livestock Arena
Renovation to the Fire Department and Community Center
Equipment and Lighting at Recreational Fields
Upgrade Water Mains
Renovation and Restoration of Historic Railroad Depot
Renovations and Repairs to Facilities
Construction of a Softball Complex
Expansion of Visitors Center
Construction of Fire Station
Purchase Fire and Rescue Equipment
Replant Trees Between Bryanwood and Talahi Island on Route 80
Construction of a Multi-purpose Building
Clayton County Board of Education Prevention Plus Program
Renovations to the Fire Station
Lights and Handicapped Access for the Collins Hill High School Athletic Fields

$25,000
$25,000 $20,000
$40,000
$5,000
$15,000
$30,000
$40,000 $50,000
$25,000
$12,500 $15,000
$50,000 $15,000 $50,000
$10,000
$25,000
$20,000 $25,000
$35,000 $25,000 $10,000 $50,000 $15,000 $10,000
$10,000
$25,000
$25,000 $50,000

1192

JOURNAL OF THE SENATE

City of Columbus City of Columbus City of Commerce Crawford County Board of Education City of Columbus City of Columbus Crawford County Crisp County
Crisp County Board of Education DeKalb County City of Fort Oglethorpe City of Franklin Springs Franklin County Fulton County Board of Education Fulton County City of Garden City City of Girard City of Grayson Greene County
Henry County Board of Education Houston County Houston County Board of Education Jackson County Jasper County Board of Education Jeff Davis County Jeff Davis County

Operate the Liberty Theatre Cultural Center
Renovations to the Springer Opera House
Renovations to the Civic Center
Heating and Plumbing System Repairs for Education Gymnasium
Operation of the Columbus Tourism Network
Operation of the Play and Learn Together Program
Improvements at the Crawford County Industrial Authority Park
Equipment for Crisp County Board of Education Middle School Laboratory
Lighting for Crisp County High School Softball Field
Training at DeKalb United Child Care Association
Construction of a Historical Museum
Renovations to Sedimentation Pool
Design and Construct Franklin County/Hart County Airport
Classrooms for Fulton County Board of Education
Operation of Center for Renewal of Democracy
Improvements to Gymnasium and Stadium
Renovations to Gymnasium
Equipment Furnishings for Community Senior Center
Purchase and Installation of chain link fence for Greene County Airport
Construction of a Fine Arts Building
Operation of the Museum of Aviation
Athletic Field Fencing for Houston County High School
Erection of Monument
Renovation of Elementary School Restroom and Rose Bowl Field
Administrative Cost and Legal Fees for Jeff Davis Hospital Authority
Renovations to Jeff Davis County Extension Service and Annex and Law Enforcement Center

$75,000 $50,000 $35,000 $5,000 $25,000 $25,000 $50,000 $25,000
$15,000 $25,000 $10,000 $25,000 $25,000 $60,000 $25,000 $8,000 $15,000 $25,000 $40,000
$12,500 $175,000 $10,000
$2,500 $40,000 $15,000 $15,000

FRIDAY, MARCH 8, 1996

1193

Jenkins County
City of Kite Chatham County City of LaGrange
City of Lake City Lamar County Lanier County Board of Education
Long County Lincoln County
City of Lincolnton City of Lula City of Lula Lumpkin County City of Lyerly Macon County
Madison County Meriwether County Meriwether County City of Monroe
Muscogee County Muscogee County Muscogee County City ofDalton

Asbestos Removal from Jenkins County Development Authority Facility
Renovations to Heating System for Community Center
Renovation/Restoration of the Beach Institute Building
Purchase Equipment for City of LaGrange/Troup County Recreation Commission
Improvements to Park and Recreation Facilities
Plan/Construct Livestock Pavillion and Arena
Renovations and Heating, Ventilation and Air Conditioning Addition for Facility
Purchase of Patrol Car
Parking Lot and Boat Dock Construction and Renovation at Elijah Clark State Park
Correction to Flood Control Problem
Renovations to Old City Hall Building
Paving for Driveways at Two Cemeteries
Construction of Animal Shelter
Upgrade Water System
Purchase Equipment for Macon County Local Emergency Planning Commission
Provide for Infrastructure Study of Water and Sewer Systems
Renovate Old Greenville Railroad Depot
Creation of Recreation Department
Renovations to Monroe Area Comprehensive High School Athletic Track
Equipment and Operating Expenses for Columbus Community Center
Operation of Combined Communities of Southeast Columbus
Operation of MEN of Action Mentoring Program
Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home

$50,000
$4,250 $20,000 $10,000
$20,000 $12,500 $10,000
$18,000 $25,000
$12,000 $20,000 $10,000 $10,000 $30,000 $10,500
$30,000 $10,000 $10,000 $15,000
$20,000 $20,000 $10,000 $40,000

1194

JOURNAL OF THE SENATE

Oconee Regional Library City of Odum Oglethorpe County Board of
Education City of Milledgeville Peach County
Cobb County Board of Education City of Columbus Houston County
Pierce County Pulaski County Putnam County
Rabun County City ofRentz City of Savannah DeKalb County Gwinnett County Board of Education Cobb County Board of Education Gwinnett County Board of Education Emanuel County
Talbot County Board of Education Telfair County Telfair County Towns County Twiggs County Board of Education

Renovations to Oconee Regional Library Facility
Repairs and Equipment for Fire Department Facility
Extension of Water Line to New Oglethorpe County Elementary School
Restorations to Old Governor's Mansion
Provide Heating and Air Conditioning System for Peach County Development Authority Facility
Provide External Security Lighting for Pebblebrook High School
Operating Expenses for BRIDGE Program
Perry-Houston County Airport Authority Terminal and Hangar Improvements
Purchase Fire and Rescue Equipment
Establish a Recreation Facility
Repairs and Renovations to Putnam County Recreation Department Gymnasium
Renovations of Rabun County Gymnasium
Repairs to Sewer System
Construction of Community Center
Purchase 36-passenger Bus for Senior Connections
Construct Athletic Stadium at Shiloh High School in Gwinnett County
Repairs and Renovation at South Cobb High School
Recreation Equipment for Suwanee and Lanier High Schools
Construct and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority
Construct Central High School Greenhouse in Talbot County
Production Costs for a Historical Drama
Operating Expenses for Sheriffs Office
Production Costs for Reach of Song Drama
Lights and Bleachers for Twiggs County High School Football Field

$25,000 $10,000
$12,000 $75,000 $15,000
$30,000 $15,000 $50,000
$15,000 $10,000 $15,000
$75,000 $10,000 $20,000 $62,000 $25,000 $35,000 $30,000 $40,000
$45,000 $5,000 $18,000 $20,000 $50,000

FRIDAY, MARCH 8, 1996

1195

City of Tybee Island Lowndes County Board of Education City ofVidalia Ware County Board of Education Ware County
Wayne County Wayne County City of Waynesboro Webster County
City of Willacoochee City of Fitzgerald Clayton County City of Bowersville Gwinnett County Board of Education City of East Dublin City of Eastman Echols County Board of Education Emanuel County Fannin County City of Pelham City of Atlanta
City of Tallapoosa City of Bremen City of Cave Spring Fulton County

Painting of the Historic Tybee Lighthouse
Repairs to Valdosta City School System Facilities
Create Basketball Area for Recreation Department
Equipment Purchases for Ware County School System
Promotion Expenses for WaycrossWare County Chamber Tourist Division
Equipment and Renovations to River Park
Repairs and Construction to Recreation Facility
Acquiring and Renovating Human Development Centers
Heating and Cooling Equipment for Webster County Agriculture Education Center
Construction of a New City Hall
Construction of Airport
Shrubbery, Trees and Concrete Pipes and Containers
Equipment for Repairs to Water System
Improvements to Duluth High School Baseball Field
Improve City of East Dublin Water System
Recreation Equipment
Enhancements to Echols County Board of Education Campuses
Construction and Renovation at Varner 4-H Center
Purchase an Equipped Rescue Vehicle
Improvements to Water and Sewer System
Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University
Equip/Operate Recreational Facilities
Equip/Operate Recreational Facilities
Improvements for Rolator Park
Operation of Fulton County Drug Program

$15,000 $15,000 $45,000 $6,000 $5,000
$5,000 $10,000 $15,000 $25,000
$30,000 $50,000 $15,000 $10,000 $30,000 $50,000 $25,000 $6,000 $17,500 $15,000 $35,000 $250,000
$15,000 $15,000 $40,000 $48,000

1196

JOURNAL OF THE SENATE

Dade County Fulton County
Twiggs County Board of Education Gwinnett County Hall County Richmond County Richmond County Cobb County City ofRockmart City of Aragon City of Cedartown Coweta County Treutlen County Hancock County City of Social Circle DeKalb County DeKalb County DeKalb County DeKalb County Screvens County Board of Education Jenkins County Board of Education City of Plains Peach County City of Montezuma Chatham County Chatham County

Renovation to Middle School Gymnasium
Improvements to Fulton Industrial Boulevard at Fulton County Airport--Brown Field
Lights and Bleachers for Twiggs County High School Football Field
Roof Repairs at Creative Enterprises
Operation of Temporary Welcome Center
Lights for Richmond County Little League Field
Operation of the Richmond County Boxing Club
Expansion of the Marietta/Cobb YMCA Battered Women's Shelter
Renovation of Rockmart Recreation Complex
Equipment/Operations of Recreational Facilities
Equipment/Operation of Recreational Facilities
Construction of Youth Athletic Complex
Construction of Recreation Field House
Equipment for Volunteer Fire Department
Renovation of Gunter Hall in Social Circle
Repairs to Pine Lake Dike
Operation of the Soapstone Arts Center
Operate the South DeKalb Business Incubator
Lighting for East Lake Neighbors
For Technology Equipment at the Screvens County School System
Recreational Equipment for the Jenkins County School System
Fire Equipment for the City of Plains
To Purchase Welcome Signs for Peach County
Paving for Blanks Civic Complex
Operation of Good Touch/Bad Touch Program
Operation of Chatham County Rape Crisis Center

$20,000 $50,000
$50,000 $50,000
$5,000 $20,000 $10,000 $20,000 $50,000 $10,000 $15,000 $35,000 $35,000 $10,000 $15,000 $20,000 $20,000 $20,000 $20,000 $25,000 $7,000 $10,000 $8,145 $50,000 $20,000 $30,000

FRIDAY, MARCH 8, 1996

1197

Chatham County
Mclntosh County Board of Education
Long County
City of Greenville
Hart County Franklin County City of Cave Springs
Dawson County
Lumpkin County
Lumpkin County Board of Education
Bleckley County
City of Pelham City of Ellijay
Fannin County City of Douglas Coffee County
City of Atlanta Clayton County Pulaski County City of Riverdale City of Morrow City of Forest Park DeKalb County DeKalb County City of Americus City of Albany Quitman County

Renovation/Construction of the Savannah Lucas Theatre
Construction of Bleachers for Mclntosh County School System
Purchase of Land for Long County Park
Construction of Greenville Railroad Depot
Operation of Hart County Parks
Purchase of Land for Victoria Bryant Park
Operation of Crossroads Program for Georgia School for the Deaf
Improvements to Lodge at Amicalola Falls
Construction of Veterans Park and Monument
Equipment Purchases for Lumpkin County High School
Construction/Renovation of Courthouse
For Lighting at the Pelham Livestock Complex
Renovation/Construction for Vocational Transitions, Inc.
Purchase Rescue Equipment
To Construct Softball/Soccer Complex
For Computer Programming at the Coffee County Health Department
Litter Abatement
Improvements to Rex Athletic Field
Establish a Recreation Facility in Pulaski County
Improvements to Riverdale Recreational Facilities
Improvements to Morrow Recreational Facilities
Park Improvements in Forest Park
Operation of the Mentoring Program
Operation of the Winning Circle Program
Operation of Cultural Arts Program
Accessible Van for Slater King Adult Day Center
Renovations for the Quitman County Courthouse

$35,000
$35,000
$25,000
$50,000
$25,000 $25,000
$50,000
$50,000
$15,000
$15,000
$50,000
$15,000 $15,000
$30,000 $75,000 $75,000 $50,000 $15,000 $50,000 $15,000 $15,000 $15,000 $25,000 $25,000 $25,000 $30,000 $25,000

1198

JOURNAL OF THE SENATE

DeKalb County
Lowdnes County Board of Education City ofValdosta City of Augusta Burke County
Glynn County Fannin County Irwin County
Seminole County Board of Education DeKalb County City of Milledgeville DeKalb County City of Chamblee Augusta/Richmond County

Equipment for Initiative for Children and Families
Vocational Equipment for Lowndes County High School
To Construct Valdosta Historic Monument
Operation of Augusta Mini-Theatre
Operation of Burke County Historic Society
To Provide for Project SHARE
For Operation of Georgia Mental Health Services
Construction of FFA Livestock Show Barn
Construction of Greenhouse for Seminole High School
Equipment/Operation of Fernbank Museum
Historical Museum Operations
Operation of Juvenile Court Truancy Program
Law Enforcement Radio Equipment
Operation of Community-Based Organizations

$15,000 $10,000 $20,000 $30,000 $25,000
$20,000 $37,440 $25,000
$40,000 $75,000 $10,000 $40,000 $7,500 $50,000

Section 40. Provisions Relative to Section 11, State Board of Education Department of Education.
The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,734.13. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria and standards prescribed by the State Board of Education for middle school programs.
Section 41. Provisions Relative to Section 16, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

FRIDAY, MARCH 8, 1996

1199

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount
$155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
Section 42. Provisions Relative to Section 21, Department of Medical Assistance.
There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care program for personal assistance and support.
Provided, the Department shall exclude pharmacy services in the HMO pilot, and al low acute care hospitals statewide to contract with Medicaid for services on a non-risk capi tated rate.
Provided, that the Department shall implement a clinically based, automated prospec tive drug utilization review program.
Section 43. Provisions Relative to Section 22, Merit System of Personnel Administration.
The Department is authorized to assess no more than $172.95 per merit system budg eted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 1997 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1997 shall not exceed 8.66%.
It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrange ment; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider.
Section 44. Provisions Relative to Section 23, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

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It is the intent of the General Assembly that the Department of Natural Resources do a feasibility study with existing funds to develop a natural park and/or wilderness area along the Ocmulgee River.
Section 45. Provisions Relative to Section 33 Department of Technical and Adult Education.
To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions.
Section 46. Provisions Relative to Section 34, Department Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-4l(b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 47.
In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State

FRIDAY, MARCH 8, 1996

1201

physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to trans fer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 48.
In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $12,245,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food service con tracts, overtime payments, training and other expenses related to security operations by those state agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments.
Section 49.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations act.
Section 51.
In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 52.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 54.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1996 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts of the separate object classes of the group.
(b)(3.) It is the further intent of the General Assembly that this principle shall be ap plied as well when common object class amounts are properly amended in the administra tion of the annual operating budget.
Section 55.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such

FRIDAY, MARCH 8, 1996

1203

Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 56.

There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.

The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

A.) Maturities not to exceed sixty months. Purchase of facilities at Georgia Southern University B.) Maturities not to exceed two hundred forty months. Renovation of the #2 Peachtree Building Renovation of the Trinity-Washington Building Repair, plaster, repaint and refinish areas of the State Capitol Purchase land adjacent to the World Congress Center Four laning of highways Construction of the Sports Hall of Fame Purchase and rehabilitation of existing and abandoned rail
lines Planning phase of the Gateway Information Welcome Center

Principal Amount
$3,240,000
10,000,000 10,000,000 4,000,000 3,500,000 15,000,000 1,700,000
2,150,000 400,000

Debt Service
$748,440
925,000 925,000 370,000 323,750 1,387,500 157,250
198,875 37,000

Section 58. Salary Adjustments.

In addition to all other appropriations, there is hereby appropriated $309,882,998 for the following purposes 1.) To provide a cost of living increase of 4% for employees of the Judicial, Legislative and Executive branches to be awarded on October 1, 1996 (proposed salary adjustments are in conformance with the implementation of the Georgia Gain pay for performance system for Executive branch employees). 2.) To provide for an increase of 4% for each state official (excluding members of the General Assembly) whose salary is set
by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4 effective October 11, 1996. 3.) To provide for an increase of 2% for members of the General Assembly effective October 1, 1996. 4.) To provide for a 6% in crease in the state base salary on the teacher salary schedule for the State Board of Educa
tion effective September 1, 1996. 5.) To provide for a 4% increase for bus drivers and lunchroom workers effective July 1,1996. 6.) To provide for a 6% salary increase for teach
ers with the Department of Technical and Adult Education effective September 1, 1996. 7.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1996 for non-academic personnel and on September 1, 1996 for
academic personnel. 8.) To provide a 5% salary increase for incumbents in the Correctional Officer job class effective October 1, 1996.

Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996 ...........................

. $11,324,027,653

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JOURNAL OF THE SENATE

Section 60.

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61.

All laws and parts of laws in conflict with this Act are repealed.

Senators Clay of the 37th, Cagle of the 49th, Glanton of the 34th and Gochenour of the 27th moved to amend the committee substitute to HB 1265 by decreasing State Lottery funds for the Department of Education, Section 11, Unit B, relating to State Fiscal Year 1997 the figure $9,920,296 and by decreasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Pre-Kindergarten for 4-year-olds

$

9,920,296

Total Funds

$ 9,920,296

Lottery Funds

$ 9,920,296

State Funds

$

0

Purpose: To decrease funding for Pre-Kindergarten for 4-year-olds

(End of Amendment) Section 11, Unit B Department of Education

HB 1265 by adding to State Lottery funds for the Department of Education, Section 11, Unit B, relating to State Fiscal Year 1997 the figure $9,920,296 and by increasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Capital Outlay

$

9,920,296

Total Funds

$ 9,920,296

Lottery Funds

$ 9,920,296

State Funds

$

0

Purpose: To increase Capital Outlay to the $100 million entitlement level

(End of Amendment) Section 11, Unit B Department of Education

FRIDAY, MARCH 8, 1996

1205

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Cagle Clay Day

Edge Glanton Gochenour Guhl James

Johnson of 1st Lamutt
McGuire Tysinger

Those voting in the negative were Senators:

Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Crotts Dean Farrow Gillis Griffin Henson Hill

Hooks Johnson of 2nd Kemp Land Langford Madden Marable Middleton Newbill Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner

Those not voting were Senators:

Abernathy Cheeks

Egan Harbison (excused)

Walker

On the adoption of the amendment, the yeas were 14, nays 37, and the Clay et al. amendment #1 to the committee substitute lost.
The following statement was filed with the Secretary:

3/8/96
Please have the journal show that I voted for the Clay number One amendment to HB 1265 in error.

/s/ Donzella J. James Senate, 35th Dist.

Senators Clay of the 37th, Newbill of the 56th, Cagle of the 49th and others moved to amend the committee substitute to HB 1265 by decreasing State funds for the Department
of Education, Section 11, Unit A, relating to State Fiscal Year 1997 the figure $6,375,580 and by decreasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Indirect Cost

$

6,375,580

Total Funds

$ 6,375,580

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JOURNAL OF THE SENATE

Other Agency Funds

$

0

State Funds

$ 6,375,580

Purpose: To delete funding for responsibility grants

(End of Amendment) Section 11, Unit A Department of Education

Senators Clay of the 37th, Newbill of the 56, Cagle of the 49th and others moved to amend the committee substitute to HB 1265 by adding to State funds for the Department of Education, Section 11, Unit A, relating to State Fiscal Year 1997 the figure $6,375,580 and by increasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Indirect Cost

$

6,375,580

Total Funds

$ 6,375,580

Other Agency Funds

$

0

State Funds

$ 6,375,580

Purpose: To increase maintenance and operations by $5 per FTE from $261 to $266

(End of Amendment) Section 11, Unit A Department of Education

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Burton Cagle Clay Day

Edge Egan Glanton Gochenour Guhl Johnson of 1st

Lamutt Land McGuire Newbill Tysinger

Those voting in the negative were Senators:

Abernathy
Blitch
Boshears Bowen
Broun of 46th Brown of 26th Cheeks
Crotts Dean Gillis Griffin Henson Hill

Hooks
James
Johnson of 2nd Kemp
Langford Madden Marable
Middleton Oliver Perdue Pollard Ragan

Ralston
Ray
Scott Slotin
Starr Stokes Tanksley
Taylor Thomas Thompson Turner Walker

FRIDAY, MARCH 8, 1996

1207

Not voting were Senators Farrow and Harbison (excused).

On the adoption of the amendment, the yeas were 17, nays 37, and the Clay et al. amendment #2 to the committee substitute lost.
Senators Clay of the 37th, Cagle of the 49th, Gochenour of the 27th and Glanton of the 34th offered the following amendment:
Amend the committee substitute to HB 1265 by adding on line 519 of page 12, immediately after the word "for", the following:
"at-risk".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Burton Cagle
Clay

Day Egan Glanton Gochenour
Guhl

Johnson of 1st McGuire
Newbill Tysinger

Those voting in the negative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th Cheeks Crotts Dean Edge Gillis Griffin Henson Hill

Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Pollard

Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Blitch

Farrow

Harbison (excused)

On the adoption of the amendment, the yeas were 14, nays 39, and the Clay et al. amendment #3 to the committee substitute lost.
Senators Glanton of the 34th, Gochenour of the 27th and Day of the 48th moved to amend the committee substitute to H.B. 1265 by (removing from) Federal funds for the Department of Human Resources Section 16, relating to State Fiscal Year 1997 the figure $430,935 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Grant in Aid to Counties

$

430,935

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JOURNAL OF THE SENATE

Total Funds

$

430,935

Feder/Other Funds

$

430,935

State Funds

$

0

Amendment removes funding for Planned Parenthood

(End of Amendment) Section 16 Department of Human Resources

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Burton Cagle Clay Crotts

Day Edge Gochenour Johnson of 1st Lamutt Land

McGuire Newbill Ralston Tanksley Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Cheeks Dean Egan Farrow Gillis Griffin Guhl

Henson Hill Hooks James Johnson of 2nd Kemp Langford Madden Marable Middleton Oliver Perdue

Pollard Ragan Ray Scott Slotin Starr Stokes Taylor Thomas Thompson Turner Walker

Those not voting were Senators:

Boshears

Glanton

Harbison (excused)

On the adoption of the amendment, the yeas were 17, nays 36, and the Glanton, Gochenour et al. amendment to the committee substitute lost.
The following statement was filed with the Secretary:
3/8/96 I would like to record in the Journal my affirmative vote for the 1st 34th amendment to HB 1265.

/s/ Pam Glanton of the 34th

Senators Glanton of the 34th, Johnson of the 1st, Gochenour of the 27th and Day of the 48th moved to amend the committee substitute to H.B. 1265 by decreasing State Lottery funds for the Department of Education, Section 11, Unit B, relating to State Fiscal Year 1997 the figure $11,500,000 and by decreasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

FRIDAY, MARCH 8, 1996

1209

Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Pre-Kindergarten for 4-year-olds

$ $ $ $ $ $ 11,500,000

Total Funds

$ 11,500,000

Lottery Funds

$ 11,500,000

State Funds

$

0

Purpose: To decrease funding for the Pre-Kindergarten for 4-year-olds.

(End of Amendment) Section 11, Unit B Department of Education

Senators Glanton of the 34th, Johnson of the 1st, Gochenour of the 27th and Day of the 48th moved to amend the committee substitute to H.B. 1265 by adding to State Lottery funds for the Department of Education, Section 11, Unit B, relating to State Fiscal Year 1997 the figure $11,500,000 and by increasing the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Drivers Education

$ 11,500,000

Total Funds

$ 11,500,000

Lottery Funds

$ 11,500,000

State Funds

$

0

Purpose: To provide a funds for Drivers Education

(End of Amendment) Section 11, Unit B Department of Education

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Day Edge

Glanton Gochenour

McGuire

Those voting in the negative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay Crotts Dean Egan Farrow Gillis Griffin

Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt

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JOURNAL OF THE SENATE

Land Langford
Madden Marable
Middleton Newbill Oliver Perdue

Pollard Ragan
Ralston Ray
Scott Slotin Starr Stokes

Tanksley Taylor
Thomas Thompson
Turner Tysinger Walker

Not voting was Senator Harbison (excused).

On the adoption of the amendment, the yeas were 5, nays 50, and the Glanton, Johnson et al. amendment to the committee substitute lost.

Senators Balfour of the 9th, Gochenour of the 27th, and Newbill of the 56th moved to amend the committee substitute to H.B. 1265 by (removing from) Lottery funds for the Board of Regents, University System of Georgia Section 27D, relating to State Fiscal Year 1997 the figure $6,000,000 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases $

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Postage

$

Fernbank Museum

$

6,000,000

Total Funds Lottery Funds State Funds

$ 6,000,000

$ 6,000,000

$

0

(End of Amendment) Section 27D Department: Board of Regents, University System of Georgia Purpose: To remove funding for Fernbank Museum.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Black Burton Cagle Day

Edge
Glanton Gochenour Johnson of 1st

Lamutt
McGuire Newbill Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th
Brown of 26th Cheeks

Crotts Dean Egan Farrow Gillis
Griffin Guhl

Henson Hill Hooks James Johnson of 2nd
Kemp Land

FRIDAY, MARCH 8, 1996

1211

Langford Madden
Marable Middleton Oliver Perdue
Pollard

Ragan Ralston
Ray Scott Slotin Starr

Stokes Taylor
Thomas Thompson Turner Tysinger

Those not voting were Senators:

Clay

Harbison (excused)

Walker

On the adoption of the amendment, the yeas were 13, nays 40, and the Balfour, Gochenour et al. amendment to the committee substitute lost.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Black Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Edge Egan Farrow

Griffin Guhl Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire Middleton Newbill

Gillis

Oliver Perdue Pollard Ragan Ralston Ray Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Day

Glanton

Gochenour

Not voting was Senator Harbison (excused).

On the passage of the bill, the yeas were 52, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

HB 756. By Representatives Childers of the 13th, Royal of the 164th Culbreth of the 132nd 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 vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the purpose of maintaining and operating such religious group.

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JOURNAL OF THE SENATE

Senator Clay of the 37th moved that the Senate recede from its amendment to HB 756. 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 Henson Hill Hooks Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable McGuire
Middleton

Newbill Oliver Perdue Pollard Ragan Ralston Scott Slotin Starr Stokes Tanksley Taylor Thomas Thompson Turner Tysinger Walker

Those not voting were Senators:

Harbison (excused)

James

Ray

On the motion, the yeas were 53, nays 0, and the Senate receded from its amendment to HB 756.
The following bill was taken up to consider House action thereto:
HB 1.48. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of land fills but shall not be considered vertical expansions; to create the Intergovern mental Solid Waste Coordinating Council and to provide for its membership and duties.
Senator Madden of the 47th moved that the Senate insist on its substitute to HB 148.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 148.
The following resolution was taken up to consider House action thereto:
SR 645. By Senators Ray of the 19th, Perdue of the 18th and Hooks of the 14th:
A resolution relative to adjournment at 5:00 P.M. on Friday, March 8, 1996, and reconvene on Wednesday, March 13,1996; adjourn again at 5:00 P.M. on Friday, March 15, 1996, and reconvene on Monday, March 18, 1996; adjourn again at 12:00 Midnight on Monday, March 18, 1996, and reconvene on Wednesday, March 20, 1996.

FRIDAY, MARCH 8, 1996

1213

The House substitute was as follows:
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 8, 1996, and shall reconvene on Tuesday, March 12, 1996.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Tuesday, March 12, 1996, may be as ordered by the Senate; and the hour for convening the House on Tuesday, March 12, 1996, may be as ordered by the House.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SR 645.
On the motion, the yes were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 645.
The following bills were read the first time and referred to committee:
HB 1502. By Representative Ashe of the 46th:
A bill to provide a new charter for the City of Atlanta.
Referred to State and Local Governmental Operations Committee.
HB 1503. By Representative Ashe of the 46th:
A bill to reorganize the Board of Education of the City of Atlanta and continue the Atlanta Independent School System; to provide for the composition, terms, qualifications, election, suspension, and removal of members of the Board; to provide for election districts and reapportionment.
Referred to State and Local Governmental Operations Committee.
HB 1869. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Commissioners of Calhoun County, so as to change the compensation of the chairman and members of the board of commissioners.
Referred to State and Local Governmental Operations Committee.
HB 1870. By Representatives Greene of the 158th and Ponder of the 160th:
A bill to amend an Act creating the Board of Commissioners of Early County, so as to provide for staggered terms of office for members of the board of commis sioners.
Referred to State and Local Governmental Operations Committee.
HB 1871. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide that the tax commissioner of Carroll County shall retain a spec ified percentage of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.
Referred to State and Local Governmental Operations Committee.

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HB 1873. By Representative Twiggs of the 8th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Hiawassee," so as to change the provisions relating to the corporate limits of said city.
Referred to State and Local Governmental Operations Committee.
HB 1874. By Representative Byrd of the 170th:
A bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall begin with the election held in 1996.
Referred to State and Local Governmental Operations Committee.
HB 1877. By Representatives Ship of the 38th, Wiles of the 34th, Klein of the 39th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Referred to State and Local Governmental Operations Committee.
HB 1878. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A bill to amend an Act creating a new board of commissioners of Franklin County, so as to correct the technical defects in the boundaries between two commission districts.
Referred to State and Local Governmental Operations Committee.
HB 1879. By Representative Powell of the 23rd:
A bill to create the City of Hartwell Recreation Authority.
Referred to State and Local Governmental Operations Committee. Serving as doctor of the day was Dr. John Harsch of Riverdale, Georgia. At 1:40 P.M., Senator Perdue of the 18th moved that the Senate stand in recess until 5:00 P.M., and at that time, pursuant to SR 645, adjourn until 10:00 A.M. on Tuesday, March 12, 1996; the motion prevailed. At 5.00 P.M., the President announced the Senate adjourned.